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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-Y6. POST-HEARING PROCEDURES |
Section 11-Y600. DISPOSITION OF CASE BY WITHDRAWAL OR DISMISSAL
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600.1 This section applies to all applications and appeals.
600.2 An applicant or appellant may withdraw, respectively, an application or appeal at any time prior to the issuance of the Board’s written final decision and order, subject to the following conditions:
(a) The applicant or appellant shall file a written statement with the Board withdrawing the application or appeal;
(b) Withdrawal shall not authorize the removal of any document from the files of the Board;
(c) The application or appeal fee shall not be refunded upon withdrawal;
(d) If an application is withdrawn before the close of the record, a new application or appeal shall not be accepted for filing for at least ninety (90) days after the date the written statement of withdrawal is filed;
(e) If an application is withdrawn after the close of the record, a new application or appeal shall not be accepted for filing for at least one (1) year after the date the written statement of withdrawal is filed;
(f) The Board will grant permission to file a new application after a shortened time period only upon motion and for good cause shown, provided the shortened time period will not prejudice the rights of any person; and
(g) A withdrawn appeal may not be re-filed.
600.3 The Board may dismiss an application or appeal for failure of the applicant or appellant to comply with the procedural requirements of this subtitle, as follows:
(a) Dismissal shall not authorize the removal of any document or paper from the files of the Board;
(b) The application or appeal fee shall not be refunded upon dismissal;
(c) If an application is dismissed before the close of the record, a new application or appeal shall not be accepted for at least ninety (90) days after the date of the written order dismissing the application or appeal;
(d) If an application or appeal is dismissed after the close of the record, a new application shall not be accepted for filing for at least one (1) year after the date of the written order dismissing the application or appeal;
(e) The Board will grant permission to file a new application after a shortened time period only upon motion and for good cause shown, provided the shortened time period will not prejudice the rights of any person; and
(f) A dismissed appeal may not be re-filed.
600.4 No application or appeal shall be dismissed on the grounds that the applicant or appellant failed to comply with the provisions of this subtitle unless, after due notice of the deficiency and expiration of a reasonable time as fixed by the Board, the deficiency has not been corrected, except that the Board may immediately dismiss an application or appeal if the applicant or appellant fails to appear at a hearing without explanation.