Section 11-Z604. FINAL ACTION AND FINAL ORDERS

604.1 In a rulemaking case to take final action to amend the text of this title, other than Subtitles A, Y, or Z or the Zoning Map, the Commission may proceed following receipt of the written report of the NCPC or after thirty (30) days from the date of the referral required under Subtitle Z § 603.1(b), whichever is sooner. In no case shall the Commission take final action sooner than the expiration of the period of public comment stated in the publication of the proposed rulemaking in the D.C. Register.

604.2 In a contested case, to take final action to approve a map amendment, including an amendment related to a PUD, or an air space development, the Commission may proceed following receipt of the written report of NCPC or after thirty (30) days from the date of the referral required under Subtitle Z § 603.1(b), whichever is sooner.

604.3 The Commission may proceed without a referral to or report from NCPC to: 

(a) Deny any application or petition; or

(b) Approve any case for which NCPC referral is not specifically required under Subtitle Z § 603.1(b).

604.4 The final action of the Commission on an application or petition shall be in the form of a written order that shall be filed in the record.

604.5 A copy of the order shall be served on:

(a) The petitioner;

(b) The applicant and any other parties, if any;

(c) The affected ANC(s);

(d) The ANC Commissioner for the Single-Member District within which the property is located, if any; and

(e) The Councilmember for the Ward within which the property, if any, is located.

604.6 In a rulemaking case, orders shall be published in the D.C. Register as a notice of emergency or final rulemaking action, as is applicable.

604.7 In a contested case, the order shall be accompanied by findings of fact and conclusions of law unless the decision is not adverse to any party, in which case a summary form of order may be used. The order shall be published in the D.C. Register.

604.8 In a contested case, unless specifically stated otherwise, the term "applicant" in any condition of an order approving an application (including a modification) shall mean the person or entity then holding title to the subject property. If there is more than one (1) owner, the obligations under the order shall be joint and several. If a person or entity no longer holds title to the subject property, that party shall have no further obligations under the order; however, that party remains liable for any violation of any condition that occurred while an owner.

604.9 A written order setting forth a final action shall become final and effective upon publication in the D.C. Register unless the Commission specifies a later effective date.

604.10 A PUD associated rezoning shall become effective only upon completion of the process required by Subtitle X, Chapter 3 and upon filing with the District of Columbia a covenant ensuring compliance with the approved plans.

604.11 Approval of an application shall include approval of the plans submitted together 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 Commission orders otherwise. 

604.12 An application shall be required to carry out the construction, renovation, or alteration only in accordance with the plans approved by the Commission, unless the Commission orders otherwise.

604.13 If there is any ambiguity between the plans and the order, the written text of the order supersedes.

604.14 The Director or the Chairperson of the Commission is authorized to sign a final order that has been approved by a majority of the Commission.

 

 

 

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).