District of Columbia Administrative Code

DECORUM AND GOOD ORDER This section applies to all proceedings before the Commission. No person shall utter loud, threatening, or abusive language, or engage in any disorderly or disruptive conduct, including the display of any signs or objects, that has the effect of (as determi…

EVIDENCE Exhibits may be offered in evidence at the hearing. Any exhibit that exceeds a size suitable for inclusion in the record shall be reduced to a size not to exceed tabloid size of eleven inches (11 in.) by seventeen inches (17 in.). If models are used, images of the models…

COMPUTATION OF TIME In computing any period of time, days shall refer to calendar days unless otherwise specified. In computing any period of time specified in this title, the day of the act, event, or default after which the designated period of time begins to run shall not be i…

SERVICE OF DOCUMENTS; METHODS OF SERVICE; PROOF OF SERVICE Any document 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 documents. When a party has appeared through a representa…

SUBMITTING COMMENTS OR FILING DOCUMENTS ELECTRONICALLY OR BY E-MAIL 206.1 This section includes provisions for the electronic filing of comments and documents through the Interactive Zoning Information System (IZIS) and by e-mail with the Office of Zoning. It also permits the Off…

PLANNED UNIT DEVELOPMENT (PUD) APPLICATION REQUIREMENTS Each application seeking approval of a PUD and any related map amendment, including a modification with a hearing, pursuant to Subtitle X, Chapter 3 shall meet the requirements of this section before it will be accepted by t…

DESIGN REVIEW APPLICATION REQUIREMENTS 301.1 Each application for design review approval, including a modification with hearing, pursuant to Subtitle X, Chapter 6 shall meet the requirements of this section before it will be accepted by the Office of Zoning for processing. No des…

CAMPUS PLAN, MEDICAL CAMPUS PLAN, AND ANY FURTHER PROCESSING THEREUNDER: APPLICATION REQUIREMENTS Each application for campus plan/further processing and medical campus plan approval, including a modification with hearing, pursuant to Subtitle X, Chapter 1 shall meet the requirem…

AIR SPACE DEVELOPMENT APPLICATION REQUIREMENTS Each application for approval of an air space development, including a modification with hearing, pursuant to Subtitle X, Chapter 7 shall meet the requirements of this section before it will be accepted by the Office of Zoning for pr…

MAP AMENDMENT APPLICATION AND PETITION REQUIREMENTS Each application or petition for approval of a map amendment pursuant to Subtitle X, Chapter 5 shall meet the requirements of this section before it will be accepted by the Office of Zoning for processing. No map amendment appli…

TEXT AMENDMENT PETITION REQUIREMENTS Each text amendment petition shall meet the requirements of this section before it will be accepted by the Office of Zoning for processing. No zoning text amendment petition shall be processed until the petition is complete and all required fe…

SETDOWN PROCEDURES: SCHEDULING CONTESTED CASE APPLICATIONS FOR HEARING The Director shall review for completeness every application filed with the Commission within five (5) days of its receipt. Upon completing the review of an application, the Director shall notify the applicant…

SUPPLEMENTAL FILINGS Prior to the scheduling of a public hearing, the applicant shall submit the following information: Any additional information, reports, or other materials specified by the Commission at the time the matter was set down for public hearing; or, if the Commissio…

PUBLIC NOTICE REQUIREMENTS Not less than forty (40) days before the public hearing on an application, the Director shall give notice of public hearing by: Publishing the notice of public hearing in the D.C. Register; Providing a copy of the notice of public hearing to the applica…

PARTIES: GENERAL GUIDELINES This section and Subtitle Z § 404 only apply to contested case applications because parties are permitted to participate in those proceedings. These provisions do not apply to rulemaking proceedings where no parties are allowed. The use of the term “pe…

REQUESTING PARTY STATUS Except for the applicant and the affected ANC, to participate as a party in a proceeding before the Commission, a person seeking such status shall file with the Commission a Request for Party Status on the form and in the manner that the Director may presc…

REFERRALS TO AND REPORTS OF PUBLIC AGENCIES 405.1 In addition to preparing a report as to whether an application should be set down for hearing, the Office of Planning shall prepare a hearing report containing its written recommendations pertaining to the project as further speci…

ADVISORY NEIGHBORHOOD COMMISSION (ANC) REPORT This section applies to an affected ANC. 406.2 The Commission shall give “great weight” to the issues and concerns included in the written report of the ANC, pursuant to § 13(d) of the Advisory Neighborhood Commissions Act of 1975, ef…

MOTIONS PROCEDURE A motion is a request by a party or parties for the Commission to take an action. Unless made during a hearing, all motions shall be in writing. The first page of every motion shall contain the party’s name, the case number, and the name of the presiding officer…

PUBLIC HEARING PROCEDURES The presiding officer shall have authority to: Call the hearing to order; Consider preliminary matters, including, but not limited to, party status requests, motions, and qualifying expert witnesses; Conduct the hearing; Rule upon offers of proof and rec…

SETDOWN PROCEDURES: SCHEDULING RULEMAKING CASE PETITIONS FOR HEARING 500.1 The provisions of this section shall apply to all petitions filed before the Commission, except that the following shall only be subject to §§ 500.3, 500.4 500.5, 500.6, and 500.10-500.16: (a) Petitions by…

SUPPLEMENTAL FILINGS Prior to the scheduling of a public hearing, the petitioner shall submit the following information: Any additional information, reports, or other materials specified by the Commission at the time the matter was set down for public hearing; or, if the Commissi…

PUBLIC NOTICE REQUIREMENTS 502.1 Notice of a rulemaking case hearing shall be given by the Director at least forty (40) days in advance of the public hearing by: (a) Publishing the notice of public hearing in the District of Columbia Register; (b) Posting a copy of the notice of …

REPORTS OF PUBLIC AGENCIES As soon as a petition is set down for a public hearing, the matter shall be referred to the Office of Planning, who shall coordinate with other public agencies that may be requested to provide information and assistance, depending on the nature of the c…

ADVISORY NEIGHBORHOOD COMMISSION (ANC) REPORT The Commission shall give "great weight" to the issues and concerns included in the written report of the ANC(s), pursuant to § 13(d) of the Advisory Neighborhood Commissions Act of 1975, effective March 26, 1976 (D.C. Law 1-21; D.C. …

PUBLIC HEARING PROCEDURES Any individual or organization representative may appear at a hearing in a rulemaking case proceeding, and may present, within the time limits determined by the Commission, evidence, testimony, or argument that is relevant and not unduly repetitious purs…

DISPOSITION OF CASE BY WITHDRAWAL OR DISMISSAL An applicant or petitioner may withdraw an application or petition at any time prior to advertisement of the hearing. Following advertisement, an application or petition may be withdrawn only with the consent of the Commission. An ap…

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW In a contested case, the applicant is required to submit proposed findings of fact and conclusions of law to the Office of Zoning within such time as the presiding officer may direct, which in any event shall not be less than seven…

CLOSING THE RECORD The record shall be closed at the end of the public hearing, unless the Commission makes a determination to keep the record open for a stated period for the receipt of specific exhibits, information, or legal briefs, as directed by the presiding officer. In a c…

PROPOSED ACTION As used in this section, proposed action means a vote taken after a hearing by the Commission to: Publish a Notice of Proposed Rulemaking in the D.C. Register to permanently amend the zoning map or the text of the zoning regulations; or Refer the following types o…

FINAL ACTION AND FINAL ORDERS In a rulemaking case to take final action to amend the text of this title, other than Subtitles A, Y, or Z or the Zoning Map, the Commission may proceed following receipt of the written report of the NCPC or after thirty (30) days from the date of th…

605 PROOF OF COMPLIANCE 605.1 If an application in a contested case is approved, the Applicant shall file with the Zoning Administrator a letter identifying how it is in compliance with the conditions of the order approving the application at such time as the Zoning Administrator…

RECONSIDERATION OF FINAL ORDER; REHEARING AFTER FINAL ORDER Requests for reconsideration of an application or petition dismissed without a hearing shall not be entertained. No application or petition essentially the same as that denied following a hearing shall be accepted for fi…

STAY OF FINAL DECISION AND ORDER The Commission, on its own motion or the motion of a party or petitioner to the District of Columbia Court of Appeals, may order the effectiveness of a final decision and order of the Commission stayed, pending reconsideration or rehearing, sua sp…

VALIDITY OF APPROVALS AND IMPLEMENTATION 702.1 A first-stage approval of a planned unit development (PUD) by the Commission shall be valid for a period of one (1) year, unless a longer period is established by the Commission at that time of approval; provided that any approval, i…

CONSENT CALENDAR – TECHNICAL CORRECTIONS TO ADOPTED RULES AND MODIFICATIONS WITHOUT HEARINGS TO CONTESTED CASE ORDERS AND PLANS 703.1 This procedure shall allow the Commission, in the interest of efficiency, to make, without public hearing, modifications to approved contested cas…

MODIFICATIONS WITH HEARING 704.1 An application for a modification with hearing shall be filed using the form provided by the Director. 704.2 If the applicant had first requested the modification as a modification without hearing, the application fee paid in that case shall be cr…

TIME EXTENSIONS The provisions of this section apply in their entirety to applications for design review and planned unit developments (PUDs) approved by the Zoning Commission. An applicant may request an extension of the time periods of an order for good cause upon the filing of…

EXPIRATION AND DISMISSAL Any contested case application for which a public hearing has not been held before the Commission within two (2) years from the date of the application being filed with the Office of Zoning shall be deemed dismissed without prejudice. A PUD for which a pu…

SUA SPONTE REVIEW BY ZONING COMMISSION The provisions of this section shall apply to all Board of Zoning Adjustment appeals and applications, except chancery proceedings. Within ten (10) days after the decision and order of the Board of Zoning Adjustment has become final as provi…

INTRODUCTION TO THE REMAND PROCESS This chapter provides regulations for Commission to follow when the District of Columbia Court of Appeals remands a Commission decision for further proceedings. SOURCE: Final Rulemaking published at 63 DCR 2447, 3573 (March 4, 2016 – Part 2). Di…

REMAND PROCEDURES Upon receipt of a Court of Appeals mandate remanding a Commission decision, the Director shall request the Office of Zoning Legal Division to provide a memorandum that: Summarizes the Court of Appeals holding; Identifies the issues that must be decided on the re…

APPENDIX E SUPPLEMENTARY ACCESSIBILITY REQUIREMENTS Appendix E of the International Building Code is adopted as Appendix E of the Building Code with the following amendments. E102 DEFINITIONS Insert a new definition in Section E102.1, Appendix E, of the Building Code, to read as …

APPENDIX E SUPPLEMENTARY ACCESSIBILITY REQUIREMENTS Appendix E of the International Building Code is adopted as Appendix E of the Building Code with the following amendments. E104 SPECIAL OCCUPANCIES Strike Section E104.1, Appendix E of the International Building Code in its enti…

N101 GENERAL N101.1 General. This section shall govern the erection, hanging, placing, painting, display, and maintenance of outdoor display signs and other forms of exterior advertising. Except as otherwise specifically provided, signs bearing non-commercial statements of fact, …

101 GENERAL Strike Chapter 1 of the International Building Code in its entirety and insert the following in its place to read as follows: 101.1 The Construction Codes. The District of Columbia Construction Codes (2013), hereinafter referred to as the “Construction Codes,” shall c…

102 APPLICABILITY Strike Chapter 1 of the International Building Code in its entirety and insert the following in its place to read as follows: 102.1 General. The provisions of these regulations shall cover all matters affecting or relating to buildings, other structures, and sys…

103 DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS Strike Chapter 1 of the International Building Code in its entirety and insert the following in its place to read as follows: 103.1 Code Official. The Director of the Department of Consumer and Regulatory Affairs (“Director”) shal…

104 DUTIES AND POWERS OF THE CODE OFFICIAL Strike Chapter 1 of the International Building Code in its entirety and insert the following in its place to read as follows: 104.1 General. The code official is hereby authorized and directed to enforce the provisions of the Constructio…

105 PERMITS Strike Chapter 1 of the International Building Code in its entirety and insert the following in its place to read as follows: 105.1 Required Permits. Depending on the scope of work, an owner or authorized agent who intends to undertake any of the activities set forth …