D.C. Mun. Regs. tit. 11, r. 11-Y704

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

Rule 11-Y704 - MODIFICATION WITH HEARING

704.1

Any request for modification that cannot be processed pursuant to Subtitle Y §§ 703 shall require a public hearing.

704.2

An application for a modification with hearing shall be made in an appropriate manner provided by the Director. The applicant for a modification with hearing shall submit the following information electronically and deliver to the Office of Zoning two (2) sets of mailing labels containing the information in Subtitle Y §§ 704.2(c) below:

(a) A completed application form;

(b) The nature of, reason(s), and grounds for the modification with hearing;

(c) The name and addresses of the owners of all property located within two hundred feet (200 ft.) of the subject property and names and addresses of each lessee having a lease with the owner for all or part of any building located on the property involved in the application; however, in the case of a residential condominium or cooperative with twenty-five (25) or more dwelling units, notice may be provided to the board of directors of the association of the condominium or cooperative that represents all of the owners of the dwelling unit;

704.3

No application for modification with hearing shall be processed until the application is complete and all required fees are paid in accordance with the applicable fee schedule prescribed in Subtitle Y, Chapter 16. If the applicant had first requested the modification as a modification without hearing, the application fee paid in that case shall be credited against the fee required.

704.4

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 filed at the Office of Zoning.

704.5

All requests for modifications with hearing shall be served on all other parties to the original application and the Office of Planning at the same time as the request is filed with the Board.

704.6

A public hearing on a request for a modification with hearing shall be focused on the relevant evidentiary issues requested for modification and any condition impacted by the requested modification.

704.7

The scope of a hearing conducted pursuant to Subtitle Y §§ 704.1 shall be limited to impact of the modification on the subject of the original application, and shall not permit the Board to revisit its original decision.

704.8

A decision on a request for modification of plans shall be made by the Board on the basis of the written request, the plans submitted therewith, and any responses thereto from other parties to the original application.

704.9

The filing of any modification request under this section shall not act to toll the expiration of the underlying order and the grant of any such modification shall not extend the validity of any such order.

D.C. Mun. Regs. tit. 11, r. 11-Y704

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 71 DCR 9667 (8/2/2024)