Instructions for Form 140 - Party Status Request
Person vs. Party in a Proceeding:
Any person or representative of an organization may provide written and/or oral testimony at a public hearing. However, a person who desires to participate as a party in a proceeding must make a request and comply with all of the provisions on Party Status Request form. A party has the right to cross-examine witnesses, submit proposed findings of fact and conclusions of law, receive a copy of the written decision of the ZC or BZA, submit a Motion for Reconsideration or Rehearing, and exercise any other rights of parties as specified in the Zoning Regulations. Approval of party status is contingent upon the requester clearly demonstrating that his or her interest will be more significantly, distinctively, or uniquely affected by the proposed zoning action than that of other persons.
Submission Requirements:
If you are requesting advance consideration on the Party Status Request Form, so that your application is considered at a scheduled public meeting that is at least two weeks prior to the hearing date of your case, the information below must be submitted 14 days in advance of the public meeting date that you wish the BZA or ZC to consider your request. Alternatively or Otherwise, your party status request must be submitted 14 days prior to the public hearing date of your case and will be considered as a preliminary matter at the public hearing.
Request Requirements:
Any Party Statius Request that is not completed in accordance with the following instructions will not be accepted as complete:
- All appeals shall be made pursuant to Form 140. If additional space is necessary, use separate sheets of 8½" x 11" paper to complete the form (drawings and plans may be no larger than 11" x 17").
- Form 140 may be filed electronically using the Interactive Zoning Information System (IZIS), emailed to [email protected] or [email protected] or mailed to the Office of Zoning at 441 4th Street, NW Suite 220-S, Washington, DC 20001.
- Below is a list of all the documents that must be submitted at the time you file your request.
- A completed application form, including the following information:
- Name, mailing address, telephone number, and e-mail address
- An identification of the application by number, the applicant’s name, and the address of the property that is the subject of the application;
- A request to appear and participate as a party;
- Whether the person will appear as a proponent or opponent of the application;
- If the person will appear through legal counsel or other authorized representation and, if so, the name and address of the legal counsel or other authorized representation;
- If the person will be represented by an individual, the request shall contain a written authorization that includes the power of the representative to bind the person in the case before the Board;
- If the party status request is not being made by an individual, but by an association, corporation, partnership, government agency, or other similar entity, the request shall include proof that the entity authorized the persons filing the request to do so. The proof may consist of a resolution of the person’s board of directors; a copy of the by-law provision authorizing the particular officer, employee, or agent to represent the person in such proceedings; a letter signed by all the members of the organization; or similar proof satisfactory to the Board;
- If you are requesting advance consideration, the date of the public meeting you seek the Board/Commission consider the request;
- Witness information, including:
- A list of witnesses who will testify on the person's behalf;
- A written summary of the testimony of all witnesses; and
- A complete and professional resume for any expert who may be called to testify at the public hearing.
- A written statement setting forth why the person should be granted party status, including reference to the following:
- The property owned or occupied by the person, or in which the person has an interest, that will be affected by the action requested of the BZA or ZC;
- The legal interest the person has in the property, such as owner, tenant, trustee, or mortgagee;
- The distance between the person's property and the property that is the subject of the application before the BZA or ZC;
- The environmental, economic, social, or other impacts likely to affect the person and/or the person's property if the action requested of the Board is approved or denied; and
- An explanation of how the person's interests as identified in response to paragraph (4) would likely be more significantly, distinctively, or uniquely affected in character or kind by the proposed zoning action than those of other persons in the general public.
- A completed application form, including the following information:
Please note, at the time of filing you will be required to serve a copy of your request on the Applicant and the affected Advisory Neighborhood Commission. The request will not be considered complete unless accompanied by an affidavit of service to all parties.
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