District of Columbia Administrative Code

3040 FILING FEES 3040.1 At the time of filing an application or petition for an amendment to the Zoning Map, the applicant or petitioner shall pay a filing fee of three hundred twenty-five dollars ($325). 3040.2 At the time of filing a petition for an amendment to the text of the…

3041 HEARING FEES 3041.1 If the Commission schedules a public hearing on an application or petition for an amendment to the Zoning Map, prior to advertisement of the hearing, the applicant or petitioner shall pay a hearing fee in accordance with the following schedule: (a) For re…

3042 WAIVER OF HEARING FEES 3042.1 In the case of an application to permit the construction of a low or moderate income subsidized housing development, the D.C. Department of Housing and Community Development may request the Commission to waive the normal hearing fee. 3042.2 For …

3043 EXEMPTION FROM FEES 3043.1 A department, office, or agency of the government of the District of Columbia is not required to pay a filing or hearing fee for an application, where the property is owned by the District of Columbia or that agency or is under one or both of their…

3045 MISCELLANEOUS FEES 3045.1 Fees for miscellaneous zoning services and documents provided by the Office of Zoning are as follows: (a) The fee for providing a zoning certification is fifty dollars ($50.00); (b) The fee for photocopying is twenty cents (20¢) per page; (c) Repeal…

3099 DEFINITIONS 3099.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Commission - the Zoning Commission for the District of Columbia. Director - the Director of the Office of Zoning, or such successor official as shall be designated…

3100 JURISDICTION; AUTHORITY; POWERS 3100.1 The Board of Zoning Adjustment shall have original jurisdiction to grant variances under § 3103 and special exceptions under § 3104, and to exercise all other powers authorized by the Zoning Act of 1938, approved June 20, 1938 (52 Stat.…

3101 ORGANIZATION 3101.1 The Board shall consist of five (5) members and shall have the duties and powers set forth in the Zoning Act and the Zoning Regulations. 3101.2 Three (3) members of the Board shall constitute a quorum of the Board, but a lesser number may meet and adjourn…

3102 GENERAL PROVISIONS 3102.1 The rules of practice and procedure in this chapter supplement the procedures set forth in the Zoning Act, the Zoning Regulations, and the District of Columbia Administrative Procedure Act, D.C. Official Code §§ 2-501 to 2-511 (2001) (formerly codif…

3103 VARIANCES 3103.1 [DELETED] 3103.2 With respect to variances, the Board has the power under § 8 of the Zoning Act, D.C. Official Code § 6-641.07(g)(3)(2001) (formerly codified at D.C. Code § 5-424 (g)(3) (1994 Repl.)), "[ w]here, by reason of exceptional narrowness, shallowne…

3104 SPECIAL EXCEPTIONS 3104.1 The Board is authorized under § 8 of the Zoning Act, D.C. Official Code § 6-641.07(g)(2) (formerly codified at D.C. Code § 5-424(g)(2) (1994 Repl.)), to grant special exceptions, as provided in this title, where, in the judgment of the Board, the sp…

3105 MEETINGS AND HEARINGS 3105.1 On or about the first (1st) day of each three (3) month period during the year, the Director shall cause to be published in the D.C. Register, and shall post in the Office of Zoning, a twelve (12)-month calendar or schedule of dates setting forth…

3106 APPEARANCE AND REPRESENTATION 3106.1 In a proceeding before the Board, any person or party may appear on that person's or party's own behalf. Any person or party may be represented by any other person duly authorized in writing to do so. The authorization shall state specifi…

3107 APPEARANCE IN PARKING LOT APPLICATION CASES 3107.1 At the public hearing on an application to establish or continue a parking lot, the owner of the real property, the lessee (if any), and a person who has personal knowledge of and can testify to the day-to-day operation of t…

3108 DECORUM AND GOOD ORDER 3108.1 No person shall utter loud, threatening, or abusive language, or engage in any disorderly or disruptive conduct that has the effect of (as determined by the presiding officer) impeding any meeting, hearing, or other proceeding of the Board or th…

3109 APPEAL AND APPLICATION FORMS 3109.1 The director shall, following approval of the Board, issue and revise appeal and application forms and instructions to ensure presentation of adequate information for the understanding and processing of appeals and applications. SOURCE: Fi…

3110 COMPUTATION OF TIME 3110.1 In computing any period of time specified in this chapter, calendar days shall be counted. 3110.2 In computing any period of time specified in this chapter, the day of the act, event, or default after which the designated period of time begins to r…

3111 SERVICE OF PAPERS; METHODS OF SERVICE; PROOF OF SERVICE 3111.1 Any paper required to be served upon a party shall be served upon that party, or upon the representative designated by that party or by law to receive service of papers. When a party has appeared through a repres…

3112 PRE-HEARING PROCEDURES FOR APPEALS 3112.1 The rules of procedure in this section apply to all appeals filed with the Board pursuant to §§ 3100 and 3200. 3112.2 Any person aggrieved by any order, requirement, decision, determination, or refusal made by an administrative offic…

3113 PRE-HEARING PROCEDURES FOR APPLICATIONS 3113.1 The rules of procedure in this section apply to all applications filed with the Board (including applications filed pursuant to §§ 3107 and 3108 in effect prior to October 1, 1999, and §§ 3103 and 3104); provided, however, the p…

3114 REPORTS OF PUBLIC AGENCIES FOR APPLICATIONS 3114.1 The rules of procedure in this section shall apply to all applications filed with the Board (including applications filed pursuant to §§ 3107 and 3108 in effect prior to October 1, 1999, and §§ 3103 and 3104); provided, howe…

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 fo…

3116 EXPEDITED APPLICATIONS 3116.1 The Board shall have the authority to expedite applications; provided: (a) The Office of Planning recommends expediting the case and indicates the reasons an expedited processing is necessary and desirable; and (b) Expediting the subject applica…

3117 HEARING PROCEDURES 3117.1 The rules of procedure in this section apply to public hearings on all appeals and applications filed with the Board under this chapter; provided, however, the provisions of this section only apply to chancery applications to the extent specified in…

3118 EXPEDITED REVIEW 3118.1 The purpose of this section is to create an expedited review process to be followed after an applicant waives its right to a hearing for an eligible application. 3118.2 An eligible application is an application for: (a) An addition to a one-family dwe…

3119 EVIDENCE 3119.1 This section applies to all appeals and applications filed with the Board under this chapter; provided, however, this section only applies to chancery applications to the extent specified in § 3134. 3119.2 In all appeals and applications, the burden of proof …

3121 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW; CLOSING THE RECORD 3121.1 This section applies to all appeals and applications filed with the Board under this chapter; provided, however, this section only applies to chancery applications to the extent specified in § 3134. …

3124 POST-HEARING PROCEDURES: GENERAL PROVISIONS 3124.1 This section applies to all appeals and applications filed with the Board under this chapter; provided, however, this section applies to chancery applications only to the extent specified in § 3134. 3124.2 Prior to the filin…

3125 FINAL DECISION AND EFFECTIVE DATE OF DECISIONS 3125.1 This section applies to all appeals and applications filed with the Board under this chapter; provided, however, this section only applies to chancery applications to the extent specified in § 3134. 3125.2 The concurring …

3126 RECONSIDERATION OR REHEARING 3126.1 This section applies to all appeals and applications filed with the Board under this chapter; provided, however, this section only applies to chancery applications to the extent specified in § 3134. 3126.2 Any party may file a motion for r…

3127 EXCLUSIVE RECORD 3127.1 This section applies to all new appeals and applications filed with the Board under this chapter; provided, however, this section only applies to chancery applications to the extent specified in § 3134. 3127.2 No decision or order of the Board on an a…

3128 REVIEW BY ZONING COMMISSION 3128.1 Within the ten (10) day period set forth in § 3125.9, the Zoning Commission may, sua sponte, determine to review any final decision or order of the Board. 3128.2 The Commission's determination to review a decision or order of the Board shal…

3129 MODIFICATION OF APPROVED PLANS 3129.1 This section applies to all appeals and applications filed with the Board under this chapter; provided, however, this section only applies to chancery applications to the extent specified in § 3134. 3129.2 The Board shall consider reques…

3130 TIME LIMITS ON THE VALIDITY OF BOARD ORDERS 3130.1 No order authorizing the erection or alteration of a structure shall be valid for a period longer than two (2) years, or one (1) year for an Electronic Equipment Facility (EEF), unless, within such period, the plans for the …

3131 COMMENCEMENT OF SPECIAL EXCEPTION TERMS 3131.1 When the Board limits its approval of a special exception to a term of years, the length of that term begins on the date upon which the order became final. SOURCE: Final Rulemaking published at 57 DCR 9492, 9494 (October 8, 2010…

3132 EXPIRATION OF SPECIAL EXCEPTION USES 3132.1 If a special exception use is established, the use will only expire if: (a) An expiration date is specified in the order; (b) The special exception use is discontinued for any reason for any period of three (3) or more years occurr…

3134 CHANCERY APPLICATIONS 3134.1 The provisions of this section shall apply to all applications made pursuant to chapter 10 of this title for the location, replacement, or expansion of chanceries that are subject to disapproval by the Board pursuant to § 206(b) of the Foreign Mi…