504. NOTICE OF PUBLIC HEARING: ZONING APPEALS

NOTICE OF PUBLIC HEARING: ZONING APPEALS Not less than forty (40) days before the public hearing, the Director shall provide notice of the public hearing by: Publishing the notice in the D.C. Register; Providing a copy of the notice of public hearing to the appellant; Providing a copy of the notice of public hearing to the administrative official or government agency whose decision is the subject of the appeal; Providing a copy of the notice of public hearing to the owner, lessee, operator, or contract purchaser of the property that is the subject of the administrative decision, if not the appellant; Providing a copy of the notice of public hearing to the affected ANC, and the affected Single-Member District ANC Commissioner; Providing a copy of the notice of public hearing to the Councilmember for the ward within which the property is located; and Posting in the Office of Zoning the schedule of cases to be heard by the Board on the public hearing date. The notice of a public hearing on a zoning appeal shall include: The case number of the zoning appeal; The name of the appellant; The citation to the legal authority pursuant to which the appeal has been filed; The administrative action appealed from; The square(s) and lot(s) and/or street address of the property that is the subject of the appeal; The location, date, and time of the public hearing; The number of the affected ANC(s); and The requirements for participation as an intervenor. A technical defect in the notice of public hearing that is minor in nature shall not deprive the Board of jurisdiction over the case. If a defect in the notice is alleged and proven, the Board may determine whether to postpone, continue, or hold the public hearing as scheduled based on the following considerations: The nature and extent of the actual notice received by the parties and the public from all sources; Attendance, or lack thereof, at the public hearing; and The nature and extent of the construction and/or use involved in the appeal. SOURCE: Final Rulemaking published at 63 DCR 2447, 3500 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Board of Zoning Adjustment Rules of Practice and Procedure 11-Y DCMR § 504