445829 Zoning Commission Notice of Proposed Rulemaking: Case No. 10-04 (Text Amendment to the ANC Notification Requirements Under Chapters 30 & 31 of the Zoning Regulations)
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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF PROPOSED RULEMAKING
Z.C. Case No. 10-04
(Text Amendment – 11 DCMR)
(Text Amendment to the ANC Notification Requirements Under Chapters 30 and 31 of the Zoning Regulations)
The Zoning Commission for the District of Columbia, pursuant to its authority under §§ 1 and 8 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799 as amended; D.C. Official Code § 6-641.01 and 641.07), hereby gives notice of its intent to amend the §§ 3007 and 3115, of the Zoning Commission Rules of Practice and Procedure, and the Board of Zoning Adjustment Rules of Practice and Procedure, Chapters 30 and 31 (Title 11 DCMR).
The proposed text amendment authorizes the use of electronic mail for providing required notices concerning zoning applications to affected Advisory Neighborhood Commissions, the commissioner representing an affected single member district, and the Office of Advisory Neighborhood Commissions. The Office of Zoning will continue to provide such notices by first class mail until a recipient agrees in writing to receive email notifications. The Council of the District of Columbia recently enacted legislation authorizing the use of electronic mail in these instances, but only required a written agreement for the affected ANC.
Final rulemaking action shall be taken in not less than 30 days from the date of publication of this notice in the D.C. Register.
The following rulemaking action is proposed:
A. Amend Chapter 30, ZONING COMMISSION PROCEDURES RULES OF PRACTICE AND PROCEDURE, by adding a new § 3007 to read as follows:
3007 NOTICES TO ADVISORY NEIGHBORHOOD COMMISSIONS
3007.1 Any notice required by D.C. Official Code § 1-309.10(c)(4) to be provided
to affected Advisory Neighborhood Commissions, the Commissioner representing the affected single member district, and the Office of Advisory Neighborhood Commissions (“notice recipients”) may be provided by electronic or first-class mail; provided, that the notice shall be by first-class mail unless a notice recipient agrees in writing to receive future notifications through electronic mail.
3007.2 A notice of application shall constitute the notice required by D.C. Official Code § 1-309.10(b) and starts the time period for the affected Commission to review the application and submit its written report pursuant to D.C. Official Code § 1-309.10(d).
B. Amend Chapter 31, BOARD OF ZONING ADJUSTMENT RULES OF PRACTICE AND PROCEDURE, § 3115 ADVISORY NEIGHBORHOOD COMMISSIONS, as follows:
(a) By adding the phrase, “: REPORTS AND NOTICE” to its title so that it reads “ADVISORY NEIGHBORHOOD COMMISSIONS: REPORTS AND NOTICE”.
(b) By inserting the phrase “prepared in response to a notice of application provided pursuant to § 3115.5” into the introductory text of § 3115.1, so that the provision will read:
3115 ADVISORY NEIGHBORHOOD COMMISSIONS: REPORTS AND NOTICE
3115.1 The written report of the ANC prepared in response to a notice of application provided pursuant to § 3115.5 shall be submitted to the Board at least seven (7) days in advance of the hearing and shall contain the following information:
(a) An identification of the appeal or application;
(b) When the public meeting of the ANC to consider the appeal or application was held;
(c) Whether proper notice of that meeting was given by the ANC;
(d) The number of members of the ANC that constitute a quorum and the number of members present at the meeting;
(e) The issues and concerns of the ANC about the appeal or application as related to the standards of the Zoning Regulations against which the appeal or application must be judged;
(f) The recommendation, if any, of the ANC as to the disposition of the appeal or application;
(g) The vote on the motion to adopt the report to the Board;
(h) The name of the person authorized by the ANC to present the report; and
(i) The signature of the ANC chairperson or vice-chairperson.
(c) By adding new §§ 3115.4 and 3115.5 to read as follows:
3115.4 Any notice required by D.C. Official Code § 1-309.10(c)(4) to be provided to affected Advisory Neighborhood Commissions, the Commissioner representing the affected single member district, and the Office of Advisory Neighborhood Commissions (“notice recipients”) may be provided by electronic or first-class mail; provided, that the notice shall be by first-class mail unless a notice recipient agrees in writing to receive future notifications through electronic mail.
3115.5 A notice of an application shall constitute the notice required by D.C. Official Code § 1-309.10(b) and starts the time period for the affected Commission to review the application and submit its written report pursuant to D.C. Official Code §1-309.10(d).
All persons desiring to comment on the subject matter of this proposed rulemaking action should file comments in writing no later than thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with Sharon Schellin, Secretary to the Zoning Commission, Office of Zoning, 441 4th Street, N.W., Suite 200/210-S, Washington, D.C. 20001. Copies of this proposed rulemaking action may be obtained at cost by writing to the above address.
