402.1 Not less than forty (40) days before the public hearing on an application, the Director shall give notice of public hearing by:

1. (a) Publishing the notice of public hearing in the D.C. Register;
2. (b) Providing a copy of the notice of public hearing to the applicant;
3. (c) Providing a copy of the notice of public hearing to the affected ANC, and for any other ANC that is within two hundred feet (200 ft.) of the property involved in the application;
4. (d) Providing a copy of the notice of public hearing to the owners of all property within two hundred feet (200 ft.) of the subject property; provided, however, that in the case of a residential condominium or cooperative with twenty-five (25) or more dwelling units, mailed 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 units;
5. (e) Providing a copy of the notice of public hearing to each person having a lease with the owner for all or part of any building located on the subject property;
6. (f) Providing a copy of the notice of public hearing to the Office of Planning and all other appropriate government agencies;
7. (g) Providing a copy of the notice of public hearing to the Councilmember for the ward within which the property is located; and
8. (h) Posting in the Office of Zoning the schedule of cases to be heard by the Board on the public hearing date.

402.2 The notice of public hearing on an application shall include:

1. (a) The case number of the application;

(c) The citation to the legal authority pursuant to which the application has been filed;

(d) The nature of the proposed zoning relief;

(e) The square(s) and lot(s) and/or street address of the property involved;

(f) The location, date, and time of the public hearing;

(g) The number of the affected ANC; and

(h) In the case of a special exception or variance application, the requirements for participation as a party.

402.3 The applicant shall give additional notice of the public hearing by posting the property with notice of hearing in a form that is prescribed by the Director at least fifteen (15) days in advance of the public hearing.

402.4 The notice required by Subtitle Y § 402.3 to be placed upon an applicant's property shall be posted in plain view of the public at each street frontage on the property and on the front of each existing building located on the subject property.

402.5 The notice required by Subtitle Y § 402.3 shall be removed by the applicant within two (2) days after the conclusion of the public hearing.

402.6 The notice required by Subtitle Y § 402.3 shall be supplied by the Director indicating the:

(a) The case number of the application;

(b) The name of the applicant;

(c) The nature of the application;

(d) The square(s) and lot(s) and/or street address of the property involved;

and

(e) The location, time, and date of the public hearing.

402.7 The Board may give any additional notice of the public hearing that it deems necessary or appropriate.

402.8 The applicant shall comply with the requirements of Subtitle Y §§ 402.9 and 402.10 regarding filing of a sworn affidavit and maintenance of the posting.

402.9 When required to post any notice by Subtitle Y § 402.3, the applicant shall complete and file with the Director a completed affidavit of posting form, demonstrating compliance with Subtitle Y §§ 402.3 and 402.4. This affidavit shall be filed not less than five (5) days prior to the public hearing.

402.10 The applicant shall maintain the posting by checking the signs at least once every five (5) days and reposting as necessary. The applicant shall file an affidavit of maintenance of the posting between two (2) and six (6) days prior to the public hearing.

402.11 If the Board finds a failure or defect in the notice of public hearing, the Board shall determine whether to postpone, continue, or hold the public hearing as scheduled based on the following considerations:

(a) The nature and extent of the actual notice received by the parties and the public from all sources;

(b) Attendance or lack thereof at the public hearing; and

(c) The nature and extent of the construction and/or use proposed under the application.

SOURCE: Final Rulemaking published at 63 DCR 2447, 3500 (March 4, 2016 – Part 2); as amended by Final

Rulemaking published at 63 DCR 10932 (August 26, 2016).