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Intervenor Status Request

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INSTRUCTIONS FOR FORM 141 – Intervenor Status Request


Intervenor

Individuals who have a serious interest in the outcome of an Appeal heard before the Board of Zoning Adjustment (BZA) can request to “intervene” in the proceedings and participate in the Appeal. The BZA may grant intervenor status to any person meeting the standards enumerated in Subtitle Y §502.12.

The BZA may limit an intervenor's participation in the Appeal. Once granted such status, subject to any limitations imposed by the BZA, an intervenor shall be treated like any other participant in the proceedings, with the same rights and obligations attendant thereto.

Any appellant, appellant, or other Intervenor may object to the participation of another person as an intervenor by filing, at or before the commencement of the hearing, a written objection and serving a copy of the objection upon the person seeking such status and upon all other participants.


Submission Requirements:

If you are requesting advance consideration on the Intervenor Status Request form, the information below must be submitted 14 days in advance of the public meeting date that you wish for the BZA to consider your request. All other requests must be submitted 14 days prior to the public hearing date and will be considered as a preliminary matter at the public hearing.



Request Requirements:

Any Intervenor Status Request that is not completed in accordance with the following instructions will not be accepted as complete:
  1. All requests shall be made pursuant to Form 140. If additional space is necessary, use separate sheets of 8˝" x 11" paper to complete the form (drawings and plans may be no larger than 11" x 17").

  2. Form 141 may be filed electronically using the Interactive Zoning Information System (IZIS), emailed to zcsubmissions@dc.gov or bzasubmissions@dc.gov or mailed to the Office of Zoning at 441 4th Street, NW Suite 220-S, Washington, DC 20001.

  3. Below is a list of all the documents that must be submitted at the time you file your request.

  4. • A completed application form, including the following information:

    1. The person requesting intervenor status and their authorized representatives, if any, shall provide the following information in their initial filing with the BZA: Name, mailing address, telephone number, facsimile number, and e-mail address;

    2. An identification of the appeal by number, the appellant’s name, and the address of the property that is the subject of the appeal;

    3. A request to appear and participate as an intervenor;

    4. Whether the person will appear as a proponent or opponent of the appeal;

    5. 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;

    6. 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 BZA;

    7. If the intervenor 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 BZA;

    8. A list of witnesses who will testify on the person's behalf; and

    9. A written statement setting forth why the person should be granted intervenor status, including reference to the following:

    1. 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;

    2. The legal interest the person has in the property, such as owner, tenant, trustee, or mortgagee;

    3. The distance between the person's property and the property that is the subject of the application before the BZA;

    4. The environmental, economic, social, or other impacts likely to affect the person and/or the person's property if the appeal is affirmed or reversed; and

    5. An explanation of how the party has an interest that may not be adequately represented by the automatic parties.



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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