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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-Y604. FINAL DECISION AND EFFECTIVE DATE OF DECISIONS
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604.1 The provisions of this section apply as follows:
(a) This section applies in its entirety to all variance and special exception applications and all appeals; and
(b) Except for the provisions of Subtitle Y §§ 604.3 through 604.7 and 604.12, this section shall not apply to chancery proceedings.
604.2 The concurring vote of three (3) of the five (5) Board members is necessary for any decision.
604.3 A final order on an application or appeal shall be in writing and accompanied by findings of fact and conclusions of law unless the order grants an application for which there was no party in opposition, in which case the order may be in summary form. All orders shall be filed in the record.
604.4 The prevailing party in any application or appeal may file a proposed order or a revision to a previously filed proposed order after a vote to approve or deny the application or affirm or reverse a decision is taken. No response to the proposed order may be submitted by any other party.
604.5 Formal notice of an order shall be given to any party to the application, by serving the party with a copy of the final order.
604.6 A copy of the final order shall be served on the Councilmember representing the ward within which the property is located and any affected ANC.
604.7 For purposes of this subtitle, a final order shall become final upon its filing in the record and service upon the parties, the date of which shall be stated at the conclusion of each order.
604.8 When the Board limits its approval of a special exception or variance to a term of years, the length of that term begins on the date upon which the order became final.
604.9 Approval 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.
604.10 An 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.
604.11 No order of the Board shall take effect until ten (10) days after it becomes final pursuant to Subtitle Y § 604.7.
604.12 For a chancery application, a decision of the Board is final upon publication in the D.C. Register. The decision shall become effective ten (10) days after having become final.
604.13 An applicant whose application has been denied or disapproved shall not institute a new application on the same facts within one (1) year after the date the order upon the previous application became final, unless waived by the Board for good cause shown and proof of no prejudice to the parties or intervenors.
604.14 The Director or the Chairperson of the Board is authorized to sign a final order that has been approved by three (3) of the five (5) Board members whether those members participated in the decision or not.