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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 11. ZONING REGULATIONS OF 1958 |
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Chapter 11-31. BOARD OF ZONING ADJUSTMENT RULES OF PRACTICE AND PROCEDURE |
Section 11-3105. MEETINGS AND HEARINGS
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3105.1On or about the first (1st) day of each three (3) month period during the year, the Director shall cause to be published in the D.C. Register, and shall post in the Office of Zoning, a twelve (12)-month calendar or schedule of dates setting forth the dates upon which meetings and hearings shall occur, as well as the dates by which an appeal or application must be filed with the Board to allow its consideration on a specific hearing date. Such calendar or schedule also shall set forth any additional hearing dates as may be required by the Board to permit consideration of appeals or applications that have been timely and appropriately filed for a specific hearing date and that, but for reasons of excessive number of cases, continuances or otherwise, are not able to be heard or considered on such date.
3105.2All meetings and hearings of the Board shall be open to the public, except that the Board may in its discretion close a meeting to consider personnel matters, litigation, or other matters that are privileged or sensitive and are not required to be open by applicable law. The Board shall keep minutes of its proceedings as prescribed in § 3105.6(d).
3105.3All records of the Board shall be filed in the Office of Zoning and shall be open to public inspection.
3105.4The Board shall annually, on or before the first (1st) day of September, make a report to the Zoning Commission and the Mayor, summarizing cases considered and actions taken for the immediately preceding fiscal year.
3105.5[RESERVED]
3105.6Subject to the direction of the Board and its chairperson, the Director shall perform the following duties:
(a)Conduct all correspondence of the Board, send out all notices required by this title, attend all meetings and hearings of the Board, keep the docket and minutes of the Board's proceedings, compile all required records, and maintain the necessary files and indexes;
(b)Enter in the docket the number assigned to each appeal or application, the name of the appellant or applicant, a short description of the premises (by street number or otherwise), the nature of the appeal or application, and the final disposition of the proceeding;
(c)Enter in the docket all continuances, postponements, dates of sending notices, and other steps taken or acts done by the Board or its officers on behalf of the Board;
(d)Enter in the minute book the resolution relating to each case acted on by the Board, the vote of each member of the Board (those absent or failing to vote being so marked), all other actions of the Board, and the full reasons for its decisions; and
(e)Issue certifications of zoning on plats duly issued by the Office of the Surveyor, in accordance with the procedures established by the Director.
3105.7The proposed public agenda for each meeting shall be posted in the Office of Zoning and made available to the public at least seven (7) days prior to the meeting or hearing. The schedule for each public hearing shall be posted in the Office of Zoning and made available to the public at least thirty (30) days prior to the hearing.
3105.8Copies of the agenda or schedule for each meeting or hearing shall be available to the public at the meeting or hearing.
3105.9The Board may amend the agenda or schedule at the meeting or hearing.
3105.10In addition to those hearings placed on the calendar pursuant to § 3105.1, the Board shall schedule such hearings as may be needed in order to receive evidence and testimony on specific appeals and applications that have been previously advertised. Such additional hearings shall be held at the time and place as the Board or the presiding officer designates.
3105.11Unless all parties to a hearing before the Board agree otherwise, or unless the Board orders otherwise, the Board shall not postpone or continue a hearing for a period in excess of thirty (30) days from the date of such postponement or continuance or until the next available scheduled hearing date, whichever is earlier.
3105.12Meetings and hearings shall be held at such time and place as the Board or the presiding officer may designate.
3105.13Meetings and hearings may be adjourned from time to time. If the time and place of resumption is publicly announced when the adjournment is ordered, no further notice shall be required.
3105.14A member absent at the decision meeting may cast an absentee vote only if the member attended all of the hearings on the appeal or application.
3105.15A member attending the decision meeting and having read the transcript and reviewed the complete record may participate and may vote even though that member may not have attended any or all of the prior meetings or hearings on the appeal or application.