Section 20-2706. VARIANCE PROCEDURES

 

2706.1Any person seeking a variance shall do so by filing with the Mayor a petition for a variance which shall be accompanied by plans, specifications, and other pertinent data as the Mayor may require, sufficient in scope to allow determination of the noise pollution impact that may result from granting the variance and the hardship involved if it is not granted.

 

2706.2If the applicant is required to obtain a building permit (or some other type of permit) from the District government, he or she may include the request for a variance with the application for that permit.

 

2706.3The Mayor may, at any time after an applicant files an original application, and before its expiration, require further statements in order to determine the disposition of the petition.

 

2706.4Within three (3) months of May 15, 1978, the Mayor shall make available a list of the information to be required under this section.

 

2706.5Notice of the variance application shall be given at least thirty (30) days before the Mayor rules on the request, unless a lesser time is justified for good cause.

 

2706.6Notice of the variance application shall be given as follows:

 

(a)The Mayor shall publish the notice in the D.C. Register;

 

(b)The applicant shall mail the notice to the owners of all property abutting the property involved in the application; and

 

(c)The applicant shall mail the notice to the occupants of property situated within two hundred feet (200 ft.) of the property involved in the application.

 

2706.7The notice of the variance application shall show the nature of the variance requested and the location for filing an appeal.

 

2706.8Within five (5) days after the notice appears in the D.C. Register, the applicant shall file with the Mayor a sworn affidavit demonstrating compliance with this section.

 

2706.9Any person may submit comments on the application for a variance within twenty-five (25) days of the published notice, or within the time specified in the notice.

 

2706.10The Mayor shall adopt and publish in the D.C. Register any additional procedures with regard to requests for variances.

 

2706.11The Mayor may, in his or her discretion, hold a hearing; Provided, that a hearing shall be held if any person who may be adversely affected by the grant or denial of a variance, including the applicant, files a written request for a hearing within ten (10) days, of the notice appearing in the D.C. Register.

2706.12The hearing held pursuant to § 2706.11 shall be held in accordance with the contested case provisions of the D.C. Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1208; D.C. Code § 1-1509 (1991 Repl. Vol.)).

 

2706.13In granting or denying a variance, the Mayor shall file a written opinion stating the facts and reasons for the final decision.

 

2706.14The Mayor may condition the variance and the terms of the variance on factors that he or she deems appropriate, including a schedule of compliance specifying a definite time period within which full compliance with Chapters 27 and 28 of this subtitle and the rules and regulations adopted under the Act shall be achieved.

 

2706.15In issuing a variance for construction work, the Mayor may prescribe the conditions, working times, types of construction equipment to be used, and permissible noise emissions as the Mayor considers to be required in the public interest.

 

2706.16No variance issued pursuant to this section shall be adopted for a period to exceed one (1) year; Provided, that a renewal may be obtained for additional periods not to exceed two (2) years if the Mayor finds that the variance is justifiable and that the intent and purpose of the Act is not impaired.

 

2706.17No renewal shall be granted except pursuant to the filing of an application.

 

2706.18An application for the renewal of a variance shall be made at least sixty (60) days prior to the expiration of the variance.

 

2706.19Notice and hearing requirements for the renewal of variances shall be the same as those applying to initial requests for variances.

 

source

Section 8 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5320 (December 30, 1977).