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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 11. ZONING REGULATIONS OF 2016 |
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SubTilte 11-Y. BOARD OF ZONING ADJUSTMENT RULES OF PRACTICE AND PROCEDURE |
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Chapter 11-Y4. PRE-HEARING AND HEARING PROCEDURES: APPLICATIONS |
Section 11-Y401. EXPEDITED REVIEW
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401.1 An applicant may waive its right to a hearing for an eligible application and request an expedited review process subject to the provisions of this section.
401.2An eligible application is an application for:
(a)A modification to a theoretical subdivision resulting from an addition to a one (1) dwelling unit building pursuant to Subtitle C § 305.8;
(b)An addition to a dwelling or flat or new or enlarged accessory structures pursuant to Subtitle D § 5201 or Subtitle E § 5201; or
(c)A park, playground, swimming pool, or athletic field pursuant to Subtitle U § 203.1(d).
401.2 Each application shall be accompanied by a waiver of the applicant’s right to a public hearing made on the appropriate form provided by the Director.
401.3 Subject to the removal process described in Subtitle Y §§ 401.7 and 401.8, an eligible application that includes a waiver of hearing will be placed on an expedited review calendar and decided without hearing at the Board’s next regularly scheduled session after:
(a) The completion of the public notice procedures set forth in Subtitle Y § 402; and
(b) The completion of the affected ANC review period of thirty (30) days from the date it receives notice of the application, excluding Saturdays, Sundays, and holidays, plus an additional fourteen (14) days.
401.4 Notice of expedited review shall be given in the same manner and include the same information as required by Subtitle Y §§ 402.2 through 402.5, except that references to “public hearing” or “hearing” shall mean “expedited review” and all other requirements of Subtitle Y § 402 shall apply with the same proviso.
401.5 The public notice of an expedited review and the affected ANC notice of an application requesting expedited review shall also indicate:
(a) The procedure for requesting the removal of the application from the expedited review calendar is as described in Subtitle Y §§ 401.7 and 401.8; and
(b) That the only public notice of the hearing date for a removed application will be the posting of that date in the Office of Zoning beginning on the date that the application was removed and continuing until the date of such hearing.
401.6 An application tentatively placed on an expedited review calendar will be removed and rescheduled for a hearing:
(a) At the oral or written request of a Board member made at any time prior to the vote on the application;
(b) Upon the receipt of a timely filed request for party status in opposition to the application;
(c) At the written request of the Office of Planning, if filed with the Office of Zoning no later than fourteen (14) days prior to the date that the expedited review is scheduled; or
(d) Upon the request of the applicant to rescind the hearing waiver.
401.7 An application tentatively placed on an expedited review calendar also will be removed and rescheduled for a hearing if requested by the following entities or persons in accordance with Subtitle Y § 401.9, unless the request is denied by the presiding officer pursuant to Subtitle Y § 401.10:
(a) The affected ANC(s) or affected Single-Member District(s);
(b) The Councilmember representing the area in which the subject property is located or representing an area located within two hundred feet (200 ft.) of the subject property; or
(c) The owner or occupant of any property located within two hundred feet (200 ft.) of the subject property.
401.8 A request to remove made pursuant to Subtitle Y § 401.8 shall:
(a) Be filed with the Office of Zoning no later than fourteen (14) days prior to the date that the expedited review is scheduled;
(b) Be accompanied by a statement indicating that the requester, or the requester’s representative, intends to appear as a witness at the hearing; and
(c) Include a summary proffer of the testimony to be given at that time.
401.9 The presiding officer shall grant a request to remove an application made pursuant to Subtitle Y § 401.8 unless the proffered testimony is irrelevant, in which case the request shall be denied.
401.10 Orders granting an application approved by expedited review need not contain findings of facts or conclusions of law, but shall reflect the nature of the relief granted and any conditions imposed.