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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-Y704. MODIFICATION OF SIGNIFICANCE
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704.1 Any request for modification that cannot be processed pursuant to Subtitle Y § 703 shall require a public hearing.
704.2 An application for a modification of significance 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 modification of significance;
(c) The name and addresses of the owners of all property located within two hundred feet (200 ft.) of the subject property and two (2) copies of self-stick labels printed with their names and addresses;
(d) A copy of the resume of any expert witness who will be testifying in the case;
(e) A written summary of the testimony of all witnesses;
(f) A copy of any Board final order, map, plan, or other action or relief proposed to be modified or corrected; and
(g) Proof of service to all parties.
704.3 No application for modifications of significance 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.
704.4 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.
704.5 All requests for modifications of significance shall be served on all other parties to the original application at the same time as the request is filed with the Board.
704.6 A public hearing on a request for a significant modification shall be focused on the relevant evidentiary issues requested for modification and any condition impacted by the requested modification.
704.7 The scope of a hearing conducted pursuant to Subtitle Y § 704.1 shall be limited to impact of the modification on the subject of the original application, and shall not permit the Board to revisit its original decision.
704.8 A decision on a request for modification of plans 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.
704.9 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.