Section 11-Z800. SUA SPONTE REVIEW BY ZONING COMMISSION

800.1 The provisions of this section shall apply to all Board of Zoning Adjustment appeals and applications, except chancery proceedings.

800.2 Within ten (10) days after the decision and order of the Board of Zoning Adjustment has become final as provided in Subtitle Y § 604.7, the Commission may, sua sponte, determine to review any final decision and order of the Board of Zoning Adjustment and stay the effect of the decision and order pending completion of its review.

800.3 The Commission’s determination to review a decision and order of the Board of Zoning Adjustment shall be transmitted forthwith to the Director, who shall forward to the Commission the record in the case and serve notice of the Commission’s determination to review the Board of Zoning Adjustment’s decision and order upon all parties to the case.

800.4 Upon receipt of the record, the Commission shall review the case and take such action as it deems appropriate; provided, however, the Commission shall not reverse or modify any decision and order of the Board of Zoning Adjustment without affording the parties to the case an opportunity to present written statements to the Commission in support of or in opposition to the action of the Board of Zoning Adjustment.

800.5 Any action by the Commission may include, without limitation, any of the following:

(a) Hearing argument based on the existing record in the case before the Board of Zoning Adjustment;

(b) Affirmance, modification, or reversal of the Board of Zoning Adjustment’s decision and order; and

(c) Remanding the case to the Board of Zoning Adjustment for reconsideration, rehearing, or other action pursuant to the instructions of the Commission.

800.6 The sua sponte review process established in this section shall not grant any rights of appeal to the Commission.

800.7 Because there is no right of appeal to the Commission from any action of the Board of Zoning Adjustment, the Commission need not answer any communications to the Commission (regardless of the form) requesting that sua sponte review be undertaken.  Sua sponte review is a discretionary internal process.

800.8 The Commission shall look to the following guidelines when determining whether to invoke its sua sponte review authority.  The Commission may exercise sua sponte review as follows:

(a) In a particular instance where it appears to the Commission that the Board of Zoning Adjustment has exceeded its authority and has thus in effect changed the zoning;

(b) Where it appears that a basic policy of the Commission, as expressed in the Zoning Regulations, has been violated as a result of action by the Board of Zoning Adjustment; or

(c) In an unusual instance, as determined by 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 64 DCR 22 (January 6, 2017).