Section 11-3125. FINAL DECISION AND EFFECTIVE DATE OF DECISIONS  


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    3125.1This section applies to all appeals and applications filed with the Board under this chapter; provided, however, this section only applies to chancery applications to the extent specified in § 3134.

     

    3125.2The concurring vote of at least a full majority of the members of the Board is necessary for any decision.

     

    3125.3 The concurring vote of at least a full majority of the members of the Board is necessary for any decision.  After a vote to grant or deny an application or appeal, the prevailing party may file a proposed order or a revision to a previously filed proposed order.  No response to the proposed order may be submitted by any other party.

     

    3125.4Formal notice of an order shall be given to any party to the appeal or application, by serving the party with a copy of the decision or order and the accompanying findings of fact and conclusions of law, by first class mail, postage prepaid.

     

    3125.5A copy of the decision or order and the accompanying findings of fact and conclusions of law shall be served on the council member representing the ward within which the property is located and any ANC that submitted a written report in accordance with § 3115.

     

    3125.6For purposes of this chapter, a decision or order shall be and become final upon its filing in the record and service upon the parties.

     

    3125.7Approval of an application shall include approval of the plans submitted with the application for the construction of a building or structure (or addition thereto) or the renovation or alteration of an existing building or structure, unless the Board orders otherwise.

     

    3125.8An applicant shall be required to carry out the construction, renovation, or alteration only in accordance with the plans approved by the Board, unless the Board orders otherwise.

     

    3125.9No order of the Board shall take effect until ten (10) days after it becomes final pursuant to § 3125.6.

     

    3125.10The Director or the Chairperson of the Board is authorized to sign a final decision or order that has been approved by a majority of the Board.

     

authority

Section 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 (2008 Repl.)).

source

Final Rulemaking published at 46 DCR 7853, 7912 (October 1, 1999); as amended by Final Rulemaking published at 47 DCR 9347, 9352 (November 24, 200); and Final Rulemaking published at 49 DCR 2742, 2748 (March 22, 2002); as amended by Final Rulemaking published at 60 DCR 8967 (June 14, 2013).