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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-Y5. PRE-HEARING AND HEARING PROCEDURES: ZONING APPEALS |
Section 11-Y507. HEARING PROCEDURES: ZONING APPEALS
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507.1 The order for presenting evidence and arguments at the public hearing on a zoning appeal shall be as follows:
(a) Preliminary and procedural matters;
(b) Appellant’s case;
(c) The respective cases of the parties or intervenors in support of the appeal, in the following order:
(1) The owner, lessee, operator, or contract purchaser of the property involved, if not the appellant;
(2) The affected ANC, if not the appellant; and
(3) Any other party permitted to intervene in the proceeding in support of the appeal;
(d) The administrative official’s (appellee’s) case;
(e) The respective cases of the parties or intervenors in opposition to the appeal, in the following order:
(1) The owner, lessee, operator, or contract purchaser of the property involved;
(2) The affected ANC; and
(3) Any other party permitted to intervene in the proceeding in opposition to the appeal;
(f) Rebuttal evidence from the appellant, followed by rebuttal evidence from the parties in support of the appeal, in the order indicated in subparagraph (c) of this paragraph; and
(g) Closing arguments, in the order established in subparagraphs (b) through (e) of this paragraph.
507.2 In a zoning appeal, parties may appear as witnesses and offer evidence at a hearing.
507.3 In a zoning appeal case, witnesses may be examined or cross-examined by the Board, the appellant, or any party or intervenor so determined by the Board under this subtitle.
507.4 The Board may close the record at the end of a public hearing and, in a bench decision, vote at such time to either affirm or reverse the decision that is the subject of the appeal. Alternatively, the Board may schedule the case for a regularly scheduled or special public decision meeting.