400 SETDOWN PROCEDURES: SCHEDULING

CONTESTED CASE APPLICATIONS FOR HEARING

400.1 The Director shall review for completeness every application filed with the Commission within five (5) days of its receipt.

400.2 Upon completing the review of an application, the Director shall notify the applicant in writing of any deficiency. The notice shall list the information necessary to make the application complete and the date the information must be received, which shall not be less than five (5) days after the date of notice. If the applicant fails or refuses to correct the deficiencies in the application by the date stated, the Director shall not accept the application for filing.

400.3 As soon as an application is accepted for filing by the Director, the Director shall place a copy of the application in the public record of the Commission and refer a copy to the Office of Planning and the District Department of Transportation.

400.4 Applications for design review, campus plan/further processings, and medical campus plans shall be immediately scheduled for hearing consistent with the notice provisions of this chapter.

400.5 For all other types of applications, the Commission, at a public meeting, shall determine if the application should be scheduled (setdown) for a hearing. The Office of Planning shall review each such application and submit a report and recommend whether the application should be set down for a public hearing. The report should include whether the application is:

(a) Not inconsistent with the Comprehensive Plan and provide a racial equity analysis relative to the Comprehensive Plan in compliance with the Zoning Commission's current Racial Equity Tool, which is available on the Office of Zoning's website;

(b) In the case of a planned unit development (PUD):

(1) Whether the application is consistent with the purposes of the PUD process as stated in Subtitle X § 300.1; and

(2) In the case of a second-stage PUD, whether the application substantially complies with all of the requirements of the first-stage PUD approval. It is the intention of the Commission that any second-stage application that is substantially in accordance with the elements, guidelines, and conditions of the first-stage approval be granted a hearing;

1. (c) In the case of a map amendment whether the application is appropriate for IZ Plus per Subtitle X § 502, including mitigating circumstances, if any, and an alternative zone, if appropriate; and
2. (d) Generally ready for a public hearing to be scheduled.400.5 The report of the Office of Planning shall be in writing and filed with the Director at least ten (10) days prior to a meeting scheduled by the Commission pursuant to Subtitle Z § 103.1.400.7 For contested cases enumerated under Subtitle Z § 400.5, the Director shall also refer the application to the affected ANC, along with an ANC Setdown Form, which the affected ANC may submit to provide feedback on whether the matter should be set down for hearing.400.8 The ANC Setdown Form shall be filed by the affected ANC with the Director no later than forty (40) days after the date the application is referred, excluding any days that fall in the month of August.400.9 A public meeting to consider setting down a contested case shall not occur less than forty-five (45) days after the application is referred to the affected ANC excluding any days that fall in the month of August.400.10 If the applicant seeks to waive the forty-five (45) day period between the referral of the application to the affected ANC and a public meeting to consider setdown, it shall obtain the consent of the Office of Planning and the affected ANC, and provide such proof to the Commission.400.6 After considering the application, the recommendations of the Office of Planning, and any ANC Setdown Form filed, the Commission may determine whether to:- (a) Schedule the application for a hearing;
3. (b) Continue the setdown to permit the applicant to provide further information or modify its design;
4. (c) Dismiss the application because of a technical or procedural defect or to allow for needed modifications to be made; or
5. (d) Deny the application on its merits.400.7 The concurrence of at least three (3) of the five (5) Commission members shall be

required to take any of the actions enumerated in Subtitle Z § 400.11. The Commission may not dismiss or deny an application without first allowing the applicant or its representative, if present, an opportunity to be heard.

400.8 If the matter is denied or dismissed without a public hearing, the Commission shall issue a denial or dismissal order, copies of which shall be published in the D.C. Register, served on the applicant, and made available on the Office of Zoning website. The order shall include a statement of reasons for the denial or dismissal.

400.9 If the Commission dismisses an application without prejudice because of the need to modify the application, the order shall also state the type of modification the Commission considers appropriate.

400.10 An applicant granted a public hearing shall be so notified of the action in writing, and such notice shall be entered into the record.

400.11 After setdown, the hearing date will be scheduled in a timely manner, but only after the applicant submits its supplemental filing, and the appropriate hearing fee has been paid, as provided in Subtitle Z, Chapter 16.

SOURCE: Final Rulemaking published at 63 DCR 2447, 3573 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 8596 (September 1, 2017); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021); as amended by Final Rulemaking published at 71 DCR 009667 (August 2, 2024).