The final rulemaking for District of Columbia Zoning Commission (ZC) Case No. 22-25 was published in the D.C. Register on Aug. 2, 2024, and became effective on the same date. This significant text amendment modifies the rules, practices and procedures for the ZC and the Board of Zoning Adjustment (BZA) to provide additional clarity and create consistent rules for the processing, notification and evaluation of various applications and petitions.

Key Changes

Subtitle C – General Rules:

  • Corrects numbering and lettering related to the applicability of Inclusionary Zoning (IZ)

Subtitle X – General Procedures:

  • Clarifies development standards for Planned Unit Developments (PUDs)

Subtitle Y – BZA Rules of Practice and Procedure:

  • Renames “minor modifications,” “modifications of consequence” and “modifications of significance” to “modifications without a hearing” and “modifications with a hearing”
  • Clarifies that “modifications without a hearing” do not require witness testimony

Subtitle Z – ZC Rules of Practice and Procedure:

  • Requires an updated racial equity analysis for second-stage PUD applications
  • Increases the time for an affected Advisory Neighborhood Commission (ANC) to submit an ANC Setdown Form from 30 days to 40 days after the date the application is referred, as well as increases the referral time for contested case applications and petitions to the ANC from 35 days to 45 days, allowing the ANC additional time to review and provide comments on the application
  • Requires that reports on campus plans or medical campus plans must now include a Comprehensive Plan consistency analysis and meet evaluation standards; text amendment petitions filed by the D.C. Office of Planning (OP) or Office of Zoning (OZ) will also go through review, setdown and approval procedures
  • Removes references to a “motion for re-argument” and establishes clear definitions and standards for filing motions for reconsideration and rehearing
  • Renames “minor modifications,” “modifications of consequence” and “modifications of significance” to “modifications without a hearing” and “modifications with a hearing”
  • Adds standards for determining whether an application qualifies as a modification without a hearing
  • Permits applicants or other parties to submit a draft order in a modification without a hearing case and prohibits the filing of responses to draft orders

Schedule Changes

The text amendment also includes notable adjustments in the timing of certain filings, including the following:

  • BZA Submissions: Prehearing submissions are now due 30 days before the public hearing (previously 21 days). Statements of efforts to engage with the ANC or community groups are now due 21 days before the public hearing.
  • ZC Submissions: Supplemental prehearing submissions are now due 30 days before the public hearing (previously 20 days).
  • Notices of Intent (NOIs): NOIs must be sent to each lessee with a lease on the property. The month of August does not count for the NOI period.
  • Postings: Signs must be placed on each street frontage of the property and on the front of each building. However, if the front of the building is close enough to the street for the sign to be readable from the sidewalk or walkway, then only one sign is needed.

This text amendment is not retroactive. Any applications that were filed and accepted by the OZ as complete before Aug. 2, 2024, will follow the current rules and timeframes established by the Zoning Regulations. Applications filed on or after Aug. 2, 2024, will be subject to the new regulations.

Conclusion

Stay informed and ensure your applications comply with the new regulations to avoid any delays or issues with your projects.