Section 11-Y504. NOTICE OF PUBLIC HEARING: ZONING APPEALS

504.1 Not less than forty (40) days before the public hearing, the Director shall provide notice of the public hearing by:

(a) Publishing the notice in the D.C. Register;

(b) Providing a copy of the notice of public hearing to the appellant;

(c) Providing a copy of the notice of public hearing to the administrative official or government agency whose decision is the subject of the appeal;

(d) Providing a copy of the notice of public hearing to the owner, lessee, operator, or contract purchaser of the property that is the subject of the administrative decision, if not the appellant;

(e) Providing a copy of the notice of public hearing to the affected ANC, and the affected Single-Member District ANC Commissioner;

(f) Providing a copy of the notice of public hearing to the Councilmember for the ward within which the property is located; and

(g) Posting in the Office of Zoning the schedule of cases to be heard by the Board on the public hearing date.

504.2 The notice of a public hearing on a zoning appeal shall include:

(a) The case number of the zoning appeal;

(b) The name of the appellant;

(c) The citation to the legal authority pursuant to which the appeal has been filed;

(d) The administrative action appealed from;

(e) The square(s) and lot(s) and/or street address of the property that is the subject of the appeal;

(f) The location, date, and time of the public hearing;

(g) The number of the affected ANC(s); and

(h) The requirements for participation as an intervenor.

504.3 A technical defect in the notice of public hearing that is minor in nature shall not deprive the Board of jurisdiction over the case.  If a defect in the notice is alleged and proven, the Board may determine whether to postpone, continue, or hold the public hearing as scheduled based on the following considerations:

(a) The nature and extent of the actual notice received by the parties and the public from all sources;

(b) Attendance, or lack thereof, at the public hearing; and

(c) The nature and extent of the construction and/or use involved in the appeal.

 

 

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)).

source

Final Rulemaking published at 63 DCR 2447, 3500 (March 4, 2016 – Part 2).