The purpose of this section is to create an expedited procedure to be known as the "Consent Calendar." The procedure shall allow the Zoning Commission, in the interest of efficiency, to make, without public hearing, minor modifications and technical corrections to previously approved final orders, rulemaking, or other actions of the Zoning Commission, including corrections of inadvertent mistakes. The procedure also permits the Zoning Commission to consider a request to add penthouse space pursuant to § 411.24.
For purposes of this section, "minor modifications" shall mean modifications of little or no importance or consequence.
Any party to a proceeding before the Commission, or the Commission upon its own motion, may request that a matter be placed on the Consent Calendar.
The request shall be in writing; state the nature of, and reasons, and grounds for the minor modification or technical correction; and include a copy of any Commission final order, map, plan, rulemaking, or other action or relief proposed to be modified or corrected.
All written requests for placement of a matter on the Consent Calendar shall be made to the Director.
All written requests shall be served by the moving party on all parties in the original proceeding at the same time that the request is served on the Director.
The Director shall, in the Director's sole discretion, determine the appropriate form of public notice and any additional service, taking into account the nature of the request and any issues relating to efficiency and fairness.
Within seven (7) days after a request to put a matter on the Consent Calendar has been filed and served, any other party may file a response in opposition to or in support of the request. The responding party shall serve all other parties at the time that the response is filed with the Office of Zoning.
The Director shall provide written comments and recommendations to the Commission on each request for placement of a matter on the Consent Calendar.
In reviewing requests for placement of a matter on the Consent Calendar, the Director may request advice from other District agencies, including the Office of the Attorney General.
Based upon the written request for placement of a matter on the Consent Calendar, all supporting and opposing submissions and the reports of other District of Columbia agencies, the Director shall determine which matters shall be placed on the Consent Calendar for consideration and action by the Commission without public hearing at its monthly meeting.
Any member of the Commission may remove any item from the Consent Calendar for any reason. Any matter that is not placed on the Consent Calendar or that is removed from the Consent Calendar shall be acted upon by the Commission according to the applicable procedures contained in other sections of this chapter.
All relief granted by the Commission under this section shall be consistent with the intent of the Commission in approving its original order, map, plan, rulemaking, or other action or relief proposed to be modified or corrected and shall not substantially impair the intent, purpose, or integrity of the zone plan as embodied in the Zoning Regulations and Zoning Map.
D.C. Mun. Regs. tit. 11, r. 11-3030