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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-Y7. APPROVALS AND ORDERS |
Section 11-Y703. CONSENT CALENDAR – TECHNICAL CORRECTIONS, MINOR MODIFICATION, AND MODIFICATION OF CONSEQUENCE, TO ORDERS AND PLANS
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703.1 This section applies to all applications and appeals filed with the Board under this subtitle.
703.2 The procedure shall allow the Board, in the interest of efficiency, to make, without public hearing, technical corrections, minor modifications, or modifications of consequence to previously approved final orders including any plans approved in such orders.
703.3 For purposes of this section, “minor modifications” shall mean modifications that do not change the material facts upon which the Board based its original approval of the application.
703.4 For the purposes of this section, the term “modification of consequence” shall mean a proposed change to a condition cited by the Board in the final order, or a redesign or relocation of architectural elements and open spaces from the final design approved by the Board.
703.5 Any party to a previously filed case in which an order has been issued may make a motion in writing to have a matter placed on the Consent Calendar.
703.6 An application for a technical correction, minor modification, or modification of consequence approval shall be made in an appropriate manner provided by the Director. The applicant shall furnish two (2) copies of all information required by the form at the time of filing the application, including the following:
(a) A completed application form;
(b) The nature of, reason(s), and grounds for the technical correction, minor modification, or modification of consequence;
(c) A copy of any Board final order, map, plan, or other action or relief proposed to be modified or corrected; and
(d) Proof of service to all parties.
703.7 No application for technical corrections, minor modifications, or modifications of consequence shall be processed until the application is complete and all required fees are paid in accordance with the applicable fee schedule prescribed in Subtitle Y, Chapter 16.
703.8 All written requests shall be served by the moving party on all parties in the original proceeding at the same time that the request is filed at the Office of Zoning.
703.9 Within ten (10) days after a request to put a matter on the Consent Calendar has been filed and served, any other party may file a response in opposition to or in support of the request. The responding party shall serve all other parties at the time that the response is filed with the Office of Zoning.
703.10 The Board, upon its own motion, may request that a matter be placed on the Consent Calendar.
703.11 Any member of the Board may remove any item from the Consent Calendar for any reason. Any matter that is not placed on the Consent Calendar or that is removed from the Consent Calendar shall be acted upon by the Board according to the applicable procedures contained in other sections of this subtitle.
703.12 A decision on a request for technical corrections, minor modifications, or modifications of consequence shall be made by the Board on the basis of the written request, the plans submitted therewith, and any responses thereto from other parties to the original application.
703.13 The Board may take one (1) of the following actions at a public meeting:
(a) At the request of a Board member remove an item from the Consent Calendar;
(b) Grant or deny a request for technical correction, minor modification, or modification of consequence; or
(c) In the case of a modification of consequence, establish a timeframe for the parties in the original proceeding to file responses in opposition to or in support of the request and for the applicant to respond thereto; and schedule the request for deliberations; or
(d) Determine that the request is actually for a modification of significance in which case an application for such a modification must be filed pursuant to Subtitle Y § 704.
703.14 The filing of any modification request under this section shall not act to toll the expiration of the underlying order and the grant of any such modification shall not extend the validity of any such order.
703.15 A request for minor modification of plans shall be filed with the Board not later than two (2) years after the date of the final order approving the application, or the circumstances of Subtitle Y § 702.3 apply, two (2) years after the date the decision date of the court's final determination of the appeal.