(12) Neighborhood Notice and Meetings. 175

(a)   Applicability. 175.1

This subsection (12) applies to applications that:

(.1)   Require Zoning Board approval of a special exception under § 14-303(7) (Special Exception Approval);

(.2)   Require Zoning Board approval of a zoning variance under § 14-303(8) (Zoning Variances);

(.3)   Meet the requirements for Civic Design Review in § 14-304(5) (Civic Design Review); or

(.4)   Are subject to the provisions of § 14-504 (/NCO, Neighborhood Conservation Overlay District) and for which the applicant requests a review of a building permit by the Commission pursuant to the provisions of § 14-504(3)(b)(.2).

(b)   Required Notice from the Planning Commission to Applicants and Others. 175.2

Within seven days after an appeal has been filed with the Zoning Board for approval of a special exception or variance, after the Commission has received a request for review of a building permit pursuant to the provisions of § 14-504(3)(b)(.2), or after the notification by L&I to an applicant that an application will require review under the Civic Design Review Process, the Commission shall provide notice to the applicant, with a copy to each RCO whose registered boundaries include the applicant's property and to the district councilmember whose district includes the applicant's property, of

(.1)   The requirements of this subsection (12);

(.2)   Contact information for each Registered Community Organization ("RCO") whose registered boundaries include the applicant's property, and the name of the RCO or RCOs that will serve as the "Coordinating RCO" for the application, selected as follows:

(.a)   If there is only one RCO whose registered boundaries include the applicant's property, that RCO shall be the Coordinating RCO.

(.b)   If there is more than one RCO whose registered boundaries include the applicant's property, the district councilmember whose district includes the applicant's property shall select one of those RCOs as the Coordinating RCO, or may select two or more RCOs whose registered boundaries include the applicant's property to serve jointly as the Coordinating RCO.

(.c)   If there is no RCO whose registered boundaries include the applicant's property, then the district councilmember or an organization designated by that district councilmember shall serve as the Coordinating RCO.

(.d)   The Commission shall promptly advise the district councilmember of the need to select a Coordinating RCO under subsection (.b) or (.c), and shall not send notice under this section until it has received the district councilmember's selection. However, if the time for providing notice is about to expire before the Commission receives such selection, the Commission shall select a Coordinating RCO from among the RCOs whose registered boundaries include the applicant's property (or, if subsection (.c) is at issue, shall select the district councilmember as the Coordinating RCO), and shall include in the notice the fact that the Coordinating RCO was designated by the Commission.

(.3)   Contact information for the district councilmember whose district includes the applicant's property; and

(.4)   A list of properties that the applicant will need to notify under subsection (d), as follows: 176

(.a)   Every property any portion of which is within 250 ft. of any portion of the applicant's property, and

(.b)   Every property on the same blockface as the primary frontage of the applicant's property or on the opposite blockface from the primary frontage of the applicant's property. For purposes of this subsection (.4), properties on the same or opposite blockface shall mean those properties that have an address which shares a common hundred of numbers with the subject property, according to the Office of Property Assessment's property information.

(.5)   A copy of the notice of appeal or request for review (as applicable) and any attachments, including any Project Information Form required pursuant to Chapter 18-500 ("Project Information Forms"). 177

(c)   Additional Electronic Notice from the Commission.

(.1)   The Commission shall provide an electronic copy of the notice it provides to applicants under subsection (b) to any organization that requests such notice and provides the Commission with an email address to which such notices can be sent.

(d)   Initial Notice from the Applicant to RCOs and Others.

(.1)   Except for building permits to be reviewed by the Commission pursuant to the provisions of § 14-504(3)(b)(.2), the Department shall provide each applicant with an orange sign consisting of corrugated plastic and measuring approximately 4 sq. ft. that shall be posted by the applicant and placed on the property that is subject to the approval, review, or variance being sought, according to the same sign number and location requirements as § 14-303(13)(c)(.2). This sign shall include the following information: 178

(.a)   The phrase "ZONING NOTICE: THERE WILL BE A PUBLIC HEARING REGARDING THIS PROPERTY. FOR MORE INFORMATION:".

(.b)   The telephone number of the Zoning Board of Adjustment.

(.c)   The L&I zoning appeals website.

(.2)   Within twenty days after receiving the notice provided by the Commission under subsection (b), an applicant must provide written notice of its application to: 179

(.a)   Each RCO whose boundaries include the applicant's property, as set forth in the notice provided by the Commission under subsection (b);

(.b)   The district councilmember whose district includes the applicant's property;

(.c)   The owner, managing agent or other responsible person at every property on the list provided to the applicant by the Commission under subsection (b). Notice under this subsection (.c) shall be sent by regular mail; 180

(.d)   The Commission;

(.e)   The Zoning Board or Civic Design Review Committee, as applicable;

(.f)   Director of Commerce in cases involving property that is in a district classified as an Industrial or Industrial Mixed-Use District; and

(.g)   The agency responsible for administering Chapter 18-500 ("Project Information Forms"), for projects that require a Project Information Form pursuant to such Chapter. 181

(.3)   The notice required by this subsection (d) shall contain the following: 182

(.a)   The name and address of the applicant and the Owner Information required pursuant to § 14-303(5); 182.1

(.b)   The name and contact information of all RCOs and the name of the Coordinating RCO, as listed in the notice provided by the Commission under subsection (b);

(.c)   The location where copies of the application and any related information submitted by the applicant can be obtained;

(.d)   A description of the property involved by general vicinity, street address, size, and nearest cross street, and the zoning district in which the property is located; and, in the case of appeals to the Zoning Board, a copy of the refusal/referral issued by the Department of Licenses and instructions for the application for proposed variance or special exception; 183

(.e)   The address of the property listed on the application for the proposed variance or special exception; 184

(.f)   The date, time and place of the public meeting to be convened by the Coordinating RCO to discuss the application, but if the Coordinating RCO has not yet set the date, time and place of such public meeting, then the applicant shall instead include the following statement: "THE APPLICANT AND THE COORDINATING RCO HAVE NOT YET SET THE DATE, TIME AND PLACE OF A PUBLIC MEETING. THE MEETING TO DISCUSS THIS PROPOSAL WILL BE CONVENED BY THE COORDINATING RCO. ANOTHER LETTER WILL BE SENT VIA REGULAR MAIL INFORMING YOU OF THE DATE, TIME, LOCATION, AND COORDINATING RCO HOLDING THE MEETING."; 185

(.g)   The following statement: "IF YOU HAVE RECEIVED THIS NOTICE AS THE OWNER, MANAGING AGENT, OR OTHER RESPONSIBLE PERSON AT A MULTI-UNIT BUILDING, YOU ARE REQUESTED TO POST THIS NOTICE AT A PROMINENT PLACE IN A COMMON AREA OF YOUR BUILDING."

(.h)   The name and contact information of the district councilperson; and

(.i)   Any additional information required by L&I, the Zoning Board, or the Commission for the proposed application.

(.4)   If the written notice sent out by the applicant under subsection (12)(d)(.3)(.f) includes the date, time, and location of the public meeting then the applicant shall procure and maintain proof of mailing by means of a cancelled Certificate of Mailing obtained from the United States Postal Service. 186

(e)   Neighborhood Meeting and Documentation Requirements.

(.1)   After receiving notice from the applicant under subsection (d), the Coordinating RCO, after consultation with the applicant and all other Registered Community Organizations whose registered geographical boundaries include the applicant's property, shall set the time, date and place of a public meeting to discuss the applicant's proposal, and shall notify the applicant and all other Registered Community Organizations whose registered geographical boundaries include the applicant's property of those details. The meeting shall be scheduled for a date that is within 45 days after the applicant filed the appeal to the Zoning Board for approval of a special exception or variance, after the Commission has received a request for review of a building permit pursuant to the provisions of § 14-504(3)(b)(.2), or after the applicant has been notified by L&I that an application will require review under the Civic Design Review Process, as applicable.  186.1

(.a)   If the date, time, and location of the public meeting was not included in the initial written notice under subsection (12)(d), then within three business days of receiving confirmation of the date of the public meeting by the Coordinating RCO under § 14-303(12)(b) the applicant shall provide written notice of the public meeting via regular mail to: 187

(i)   The coordinating RCO;

(ii)   Each RCO whose boundaries include the applicant's property, as set forth in the notice provided by the Commission under § 14-303(12)(b);

(iii)   The district councilmember whose district includes the applicant's property;

(iv)   The owner, managing agent or other responsible person at every property on the list provided to the applicant by the Commission under § 14-303(12)(b); and

(v)   The Commission.

The applicant shall procure and maintain proof of mailing by means of a cancelled Certificate of Mailing obtained from the United States Postal Service.

(.b)   With respect to projects that are subject to Civic Design Review: No later than two business days prior to the scheduled date of the meeting, the applicant shall provide to all of the parties listed in subsection (d)(.1), above (pertaining to Initial Notice from the Applicant to RCOs and Others), a copy of any Project Information Form required by Section 18-503; provided, however, that, in the event a meeting in full compliance with subsection (e) takes place prior to the required notification by L&I that an application will require review under the Civic Design Review Process, the applicant shall provide such Form at or before such meeting or as expeditiously as possible thereafter. The Commission shall strongly encourage applicants proceeding with Civic Design Review under § 14-304(5)(b)(.3) (Optional Review) to comply with this subsection (12) and Section 18-503. 188

(.2)   The Coordinating RCO shall convene the public meeting at the scheduled time, date and place. The applicant or a representative of the applicant must attend the meeting. In addition to that public meeting, the district councilmember whose district includes the subject property may convene additional meetings.

(.3)   The Coordinating RCO must provide to the Zoning Board or Civic Design Review Committee, as applicable, to the Commission, and to the district councilmember whose district includes the subject property, written documentation of the public meeting; or, if no meeting was held within the required 45-day timeframe, written documentation of the efforts made to schedule the meeting with the applicant.

(.4)   After the public meeting has been held, the Coordinating RCO shall prepare a meeting summary form, documenting any and all actions taken at the meeting. The Coordinating RCO shall provide a copy of the form to the Commission and to the district councilmember whose district includes the subject property. The Commission shall make the meeting summary form available to the public, upon request. The Commission shall notify an RCO if it fails to submit such documentation, and after an RCO fails to submit such documentation as required with respect to two public meetings, a third failure to submit such documentation shall result in the RCO losing RCO status for a period of one year.

(.5)   Neither the Zoning Board nor the Civic Design Review Committee nor the Commission shall conduct any public meetings on an application until the earlier of: (i) the applicant and the Coordinating RCO have completed all actions required by subsection (d), above, and by this subsection (e); or (ii) 45 days have elapsed since the applicant filed the appeal to the Zoning Board or was notified by L&I that the application required review under the Civic Design Review Process, or since the Commission has received a request for review of a building permit pursuant to the provisions of § 14-504(3)(b)(.2), as applicable, except that if an applicant fails to provide the notice required by subsection (d), then such 45 day period shall be measured from the date the required notice is in fact provided. 189

(f)   If an application requires both Civic Design Review and Zoning Board approval, the applicant is required to comply with the requirements of this subsection (12) only once. A second meeting is not required following Civic Design Review and before action by the Zoning Board.

(g)   Regulations. 190

The Commission is authorized to promulgate regulations to implement the provisions of this subsection (12) and other provisions of this § 14-303 (Common Procedures and Requirements) relevant to the neighborhood notice and meetings process, provided that these regulations do not conflict with any provision of this Zoning Code.

 

Notes

175	Amended, Bill No. 120889 (became law January 24, 2013), effective March 25, 2013; repealed and replaced, Bill No. 130657 (approved January 31, 2014). See note 170 for effective date provisions.
175.1	Amended, Bill No. 200576 (approved January 20, 2021).
175.2	Amended, Bill No. 200576 (approved January 20, 2021).
176	Amended, Bill No. 170285 (approved June 14, 2017); amended, Bill No. 180515 (approved March 19, 2019).
177	Added, Bill No. 170335-A (approved June 6, 2017), effective December 6, 2017; amended, Bill No. 200576 (approved January 20, 2021).
178	Added, Bill No. 180295-AAA (became law October 18, 2018). Enrolled bill read "§ 14-303(13)(.2)"; reference corrected by Code editor. Amended, Bill No. 200576 (approved January 20, 2021).
179	Amended, Bill No. 150499 (approved November 10, 2015); renumbered and amended, Bill No. 180295-AAA (became law October 18, 2018).
180	Amended, Bill No. 180295-AAA (became law October 18, 2018).
181	Added, Bill No. 170335-A (approved June 6, 2017), effective December 6, 2017.
182	Renumbered, Bill No. 180295-AAA (became law October 18, 2018).
182.1	Amended, Bill No. 200417 (became law November 12, 2020).
183	Amended, Bill No. 180295-AAA (became law October 18, 2018).
184	Amended, Bill No. 180295-AAA (became law October 18, 2018).
185	Amended, Bill No. 180295-AAA (became law October 18, 2018).
186	Added, Bill No. 180295-AAA (became law October 18, 2018).
186.1	Amended, Bill No. 200576 (approved January 20, 2021).
187	Added, Bill No. 180295-AAA (became law October 18, 2018). Enrolled bill read "§ 4-303(12)">14-303(12) (.b)"; reference corrected by Code editor.
188	Added, Bill No. 170335-A (approved June 6, 2017), effective December 6, 2017; renumbered, Bill No. 180295-AAA (became law October 18, 2018).
189	Amended, Bill No. 170335-A (approved June 6, 2017), effective December 6, 2017; amended, Bill No. 200576 (approved January 20, 2021).
190	Amended, Bill No. 161003-A (approved May 8, 2017). Enrolled bill read "...§ 14-303 (Common Procedures and Practice)...."; revised by Code editor to reflect the actual caption of § 14-303.