Participating in an Existing Case
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Members of the public may participate in an existing case before the Zoning Commission (ZC) or Board of Zoning Adjustment (BZA) in several different ways, including:
• Offering testimony as a witness at the public hearing; and/or
• Participating as a party in a contested case or as an intervenor in an appeal case.
Members of the public may provide a written submission for the record, provided that the record is still open. If the record is closed, a request may be made to waive the rules to reopen the record; however it is subject to ZC or BZA approval. There is a Motion/Request form for that purpose. Click here for more information on writing testimony.
Any person or representative of an organization may provide written or oral testimony at a public hearing. It is recommended, but not required, that you bring eight copies of your testimony with you to the hearing. It is also recommended, but not required, that you inform the Secretary of the ZC prior to the hearing date that you intend to give testimony. If you are representing an organization, you will need a signed letter authorizing you to speak for that organization. Click here for information on participating as a witness.
Another way a person or representative of an organization may participate in a contested case hearing is as a party. There are no parties in rulemaking cases, including Foreign Mission cases. A party has the right to cross-examine witnesses, submit proposed findings of fact and conclusions of law, file for a reconsideration or rehearing, and receive filings and a copy of the written decision of the ZC or BZA. A party must also serve all other parties to the case with any filings that he or she files with the ZC or BZA. Click here for information on requesting party status.
In an appeal case before the BZA, another way a person or a representative of an organization who is not the appellant or appellee may participate is as an intervenor. This is a form of party status applicable to appeals intended for individuals who have a significant interest in the outcome of an appeal heard before the BZA. Click here for information on requesting intervenor status.
A motion is a procedural device requested by a party to a case to bring a limited, contested issue before the ZC or BZA for decision. Motions generally involve postponement, continuance, or waivers of requirements relating to active cases. A party or intervenor may submit a motion at any point, but it is recommended that movants submit requests ahead of time for consideration by the ZC or BZA.A request is functionally similar to a motion. The difference is that requests are filed by those who are not parties, whereas motions are filed by those who are parties. Click here for information on filing a motion or request.
There are two types of Advisory Neighborhood Commission (ANC) reports that may be filed. The first is an ANC Setdown Form for ZC cases which require setdown and the second is the official ANC Report. Click here for information on filing an ANC Report.