D.C. Mun. Regs. tit. 11, r. 11-Y507

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 11-Y507 - HEARING PROCEDURES: ZONING APPEALS

507.1

The order for presenting evidence and arguments at the public hearing on a zoning appeal shall be as follows:

(a) Preliminary and procedural matters;

(b) Appellant's case;

(c) The respective cases of the parties or intervenors in support of the appeal, in the following order:

(1) The owner, lessee, operator, or contract purchaser of the property involved, if not the appellant;

(2) The affected ANC, if not the appellant; and

(3) Any other party permitted to intervene in the proceeding in support of the appeal;

(d) The administrative official's (appellee's) case;

(e) The respective cases of the parties or intervenors in opposition to the appeal, in the following order:

(1) The owner, lessee, operator, or contract purchaser of the property involved;

(2) The affected ANC; and

(3) Any other party permitted to intervene in the proceeding in opposition to the appeal;

(f) Rebuttal evidence from the appellant, followed by rebuttal evidence from the parties in support of the appeal, in the order indicated in subparagraph (c) of this paragraph; and

(g) Closing arguments, in the order established in subparagraphs (b) through (e) of this paragraph.

507.2

In a zoning appeal, parties may appear as witnesses and offer evidence at a hearing.

507.3

In a zoning appeal case, witnesses may be examined or cross-examined by the Board, the appellant, or any party or intervenor so determined by the Board under this subtitle.

507.4

The Board may close the record at the end of a public hearing and, in a bench decision, vote at such time to either affirm or reverse the decision that is the subject of the appeal. Alternatively, the Board may schedule the case for a regularly scheduled or special public decision meeting.

D.C. Mun. Regs. tit. 11, r. 11-Y507

Final Rulemaking published at 63 DCR 2447 (9/6/2016)