Section 11-Z402. PUBLIC NOTICE REQUIREMENTS

402.1 Not less than forty (40) days before the public hearing on an application, the Director shall give notice of public hearing by:

(a) Publishing the notice of public hearing in the D.C. Register; 

(b) Providing a copy of the notice of public hearing to the applicant;

(c) Providing a copy of the notice of public hearing to the affected ANC and to any other ANC that is within two hundred feet (200 ft.) of the property involved in the application;

(d) Providing a copy of the notice of public hearing to owners of all property within two hundred feet (200 ft.) of the property included in the application; provided, however, in the case of a residential condominium or cooperative with twenty-five (25) or more dwelling units, notice may be provided to the board of directors or to the association of the condominium or cooperative that represents all of the owners of all such dwelling units;

(e) Providing a copy of the notice of the public hearing to each person having a lease with the owner for all or part of any building located on the subject property;

(f) Providing a copy of the notice of public hearing to the Office of Planning and all other appropriate government agencies;

(g) Providing a copy of the notice of public hearing to the councilmember for the ward within which the property is located; and

(h) Posting a copy of the notice of the public hearing on the Office of Zoning’s website.

402.2 Each notice of public hearing shall include:

(a) The case number of the application;

(b) The name of the applicant;

(c) A general summary of the application under consideration;

(d) The square(s) and lot(s) and/or street address of the property involved;

(e) The location, time, and date of the public hearing;

(f) The number of the affected ANC(s); and

(g) The requirements for participation as a party.

402.3 When a contested case application is requested by a property owner for the property owned, the applicant shall give additional notice of the public hearing by posting the property with notice of hearing in a form that is prescribed by the Director at least forty (40) days in advance of the public hearing.

402.4 The notice required by Subtitle Z § 402.3 to be placed upon an applicant's property shall be posted in plain view of the public at each street frontage on the property and on the front of each existing building located on the subject property.

402.5 The notice required by Subtitle Z § 402.3 shall be removed by the applicant within two (2) days after the conclusion of the public hearing.

402.6 The notice required by Subtitle Z § 402.3 shall be supplied by the Director indicating:

(a) The case number of the application;

(b) The name of the applicant;

(c) The nature of the application;

(d) The square(s) and lot(s) and/or street address of the property involved; and

(e) The location, time, and date of the public hearing.

402.7 The Commission may give any additional notice of the public hearing as it deems necessary or appropriate.

402.8 When required to post any notice pursuant to Subtitle Z § 402.3, the applicant shall complete and file with the Director the completed affidavit of posting form, demonstrating compliance with Subtitle Z § 402.3. This affidavit shall be filed not less than thirty (30) days prior to the public hearing.

402.9 The applicant shall attach to the affidavit a photograph of each sign after posting and as viewed by the public, identifying the street frontage or other location of each sign.

402.10 The applicant shall maintain the posting by checking the signs at least once per week and reposting when necessary. The applicant shall file an affidavit of maintenance of the posting between two (2) and six (6) days prior to the public hearing.

402.11 Notice of the public hearing pursuant to Subtitle Z § 402.1 shall not be a jurisdictional prerequisite to action by the Commission. It shall be intended to offer supplemental notice only.

402.12 A technical defect in the notice of public hearing that is minor in nature shall not deprive the Commission of jurisdiction over the case.  If a defect in the notice is alleged and proven, the Commission may determine whether to postpone, continue, or hold the public hearing as scheduled based on the following considerations:

(a) The nature and extent of the actual notice received by the parties and the public from all sources;

(b) Attendance, or lack thereof, at the public hearing; and 

(c) The nature and extent of the construction and/or use involved in the application.

 

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)).

source

Final Rulemaking published at 63 DCR 2447, 3573 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016).