502

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:

1. (a) Publishing the notice of public hearing in the District of Columbia Register;
2. (b) Posting a copy of the notice of the public hearing on the Office of Zoning's website;
3. (c) Providing a copy of the notice of the public hearing to the appropriate ANC(s);
4. (d) For a map amendment petition not requested by an ANC or the Office of Planning, providing a copy of the notice of public hearing to owners of all property within two hundred feet (200 ft.) of the property included in the petition;
5. (e) For a map amendment petition, the petitioner 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 forty (40) days in advance of the public hearing;
6. (f) The notice required by Subtitle Z § 502.1(e) to be placed upon a petitioner'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;
7. (g) The notice required by Subtitle Z § 502.1(e) shall be removed by the petitioner within two (2) days after the conclusion of the public hearing;
8. (h) The notice required by Subtitle Z § 502.1(e) shall be supplied by the Director indicating:
9. (1) The case number of the application;
10. (2) The name of the applicant;
11. (3) The nature of the application;
12. (4) The square(s) and lot(s) and/or street address of the property involved; and
13. (5) The location, time, and date of the public hearing.

(i) When required to post any notice pursuant to Subtitle Z § 502.1(e), the petitioner shall complete and file with the Director the completed affidavit of posting form, demonstrating compliance with Subtitle Z § 502.1(e). This affidavit shall be filed not less than thirty (30) days prior to the public hearing;

(j) The petition shall attach to the affidavit a photograph of each sign after posting and as viewed by the public, identifying the street frontage or other location of each sign; and

(k) The petitioner shall maintain the posting by checking the signs at least once per week and reposting when necessary. The petitioner shall file an affidavit of maintenance of the posting between two (2) and six (6) days prior to the public hearing.

5020.2 Each notice of public hearing shall include:

(a) The case number of the petition;

(b) A general summary of the petition under consideration;

(c) The square(s) and lot(s), and/or street address of the property involved; if any;

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

(e) The name of the petitioner;

(f) The action requested of the Commission; and

(g) That the proceedings will be conducted pursuant to Subtitle Z, Chapter 5.

5020.3 For a map amendment involving property owned by the petitioner, the petitioner shall give additional notice of the public hearing by posting the property with a notice of public hearing at least forty (40) days in advance of the public hearing.

5020.4 The notice required by Subtitle Z § 502.3 is to be placed in plain view of the public at each street frontage of each square affected by the proposed map amendment, with a notice of public hearing in a form prescribed by the Director pursuant to Subtitle Z § 502.6.

5020.5 The notice required by Subtitle Z § 502.3 shall be

removed by the petitioner within two (2) days after the conclusion of the public hearing.

5020.6 The notice required by Subtitle Z § 502.3 shall be supplied by the Director indicating:

1. (a) The case number of the petition;
2. (b) The name of the petitioner;
3. (c) The nature of the petition;
4. (d) The square(s) and lot(s) and/or street address of the property involved; and
5. (e) The location, time, and date of the public hearing.

5020.7 The Commission may give any additional notice of the public hearing as it deems necessary or appropriate.

5020.8 When required to post any notice pursuant to Subtitle Z § 502.3, the petitioner shall complete and file with the Director the completed affidavit of posting form, demonstrating compliance with Subtitle Z §§ 502.3 and 502.4. This affidavit shall be filed not less than thirty (30) days prior to the public hearing.

5020.9 The petitioner shall maintain the posting by checking the signs at least once per week and reposting when necessary. The petitioner shall file an affidavit of maintenance of the posting between two (2) and six (6) days prior to the public hearing.

5020.10 If a failure of notice under Subtitle Z § 502.3 is alleged and proven, the Commission may consider all the surrounding circumstances, including the extent of actual notice received by the public from all sources, attendance at the public hearing, and the nature and extent of the proposed construction and use under the application, if approved. On the basis of these considerations, the Commission may determine whether the public hearing will be postponed, continued, or held as scheduled.

SOURCE: Final Rulemaking published at 63 DCR 2447, 3573 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 71 DCR 009667 (August 2, 2024).