An “affected Advisory Neighborhood Commission” or “affected ANC” refers to the ANC within which the property that is the subject of an application is located; except that if the subject property is located on a street that serves as a boundary line between two ANCs, both are considered affected.
An affected ANC is an automatic party to an application; however, if the ANC wishes to participate at the public hearing as a party, i.e., to provide testimony, present witnesses, cross examine other parties & witnesses, the ANC’s report must be submitted at least 7 days in advance of the public hearing. (Subtitle Y § 406.3, Subtitle Z § 406.3.) If the report is received in less time before the public hearing, the ANC can request a waiver of that provision to participate.
An ANC that is not deemed an affected ANC may also participate in a public hearing; however, if it would like to participate as a party, it must submit a request for party status.
Notice of Intent (NOI) – Zoning Commission (ZC)
In ZC case applications or petitions, other than text amendment cases, the ANC will receive a notice of intent at least 45 days prior to the filing of the application/petition. This notice will also be served on property owners within 200 feet of the subject property. The NOI generally describes the proposed development, including the name of all owners of the property involved and the use, height, bulk, and other significant aspects of the proposal. The notice must also indicate the applicant’s availability to discuss the proposed development with all interested and affected groups and individuals.
The applicant must make all reasonable efforts to attend a duly noticed meeting of the affected ANC during the forty-five (45) day notice period. Evidence of having provided the NOI as well as the attempts to meet with the ANC must be submitted along with the application.
Notice of Filing
Pursuant to the Zoning Regulations of 2016 (ZR16), the affected ANC must be served a copy of the application, petition, or appeal by the applicant at the time of filing. In addition, the affected ANC will also receive notice of filing with case information from the Office of Zoning. This information is also referred to the Single-Member District (SMD), the Ward Council Member, and the At-Large Council Members.
It is highly recommended that the ANC start its review of the application as soon as it gets notice that an application was filed. The ANC should use the hearing information to decide when it will place the application on its agenda so it has enough time in which to consider the application and complete its report ahead of the public hearing.
While the applicant is advised to reach out to the ANC, the ANC can always also reach out to the applicant to invite them to present their project at an upcoming meeting.
ANC Setdown Report
In certain ZC contested cases, the ZC reviews the application at a public meeting and decides if it is ready to be set down for a public hearing. Under the prior zoning regulations, only the Office of Planning submitted a setdown report detailing its analysis of the application, including reviewing the application to ensure that it is not inconsistent with the Comprehensive Plan, and whether the application is sufficiently ready for a public hearing.
In the ZR16, pursuant to Subtitle Z § 400.7, ANCs are now given an opportunity to provide a setdown report. The ANC Setdown Form must be filed no later than 30 days after the date the application is referred. Pursuant to the regulations, the meeting to set down an application will not occur less than 35 days after the filing of an application, unless the applicant seeks to waive the provision after obtaining the consent of both OP and the affected ANC.
Notice of Public Hearing
At least 55 days prior to public hearing the ANC will receive a notice of public hearing (NPH). The NPH provides the public hearing date, outlines specific case details, and gives deadlines for the submission of documents.
For more information on the following topics, please see the corresponding referenced sections:
- ANC – Subtitle C § 701