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Cover Sheet – ZRR Draft Text for Task Force Review – February 17, 2012
Subtitle C
This document has been prepared by the DC Office of Planning as part of the Zoning Regulations Review
(ZRR).
This document is a DRAFT for review by the Zoning Update Task Force. The draft regulations will be
subject to several stages of public comment, and eventual review by the Zoning Commission at public
hearings. The draft regulations may undergo significant change as a result of public comment, additional
research by the Office of Planning, and the Zoning Commission’s decisions.
This document is a draft of Subtitle C of the proposed zoning code. Subtitle C includes the general
review processes that apply to all zones. These review processes include variances, special exceptions,
chancery applications, appeals, design review, planned development reviews, and campus plans.
This draft, dated February 17, makes a few corrections to the Task Force draft released on January 31,
2012. Among the corrections:
The Jan. 31 draft included an erroneous statement about the vesting rights of PUDs. This
statement has been removed.
OP, the Task Force, and members of the public have identified several other typographical errors and
issues needing clarification in the Jan. 31 draft. OP is compiling a list of these, and additional corrections
will be made; the corrections listed above have been made now, since they were resulting in substantial
confusion.
For more information about the ZRR, please visit www.dczoningupdate.org.
Subtitle C Review Processes
Subtitle C Review Processes .................................................................................................. C-1
Chapter 1 Introduction to Review Processes .......................................................................... C-2
Chapter 2 Variances ................................................................................................................ C-3
Chapter 3 Special Exceptions ............................................................................................... C-10
Chapter 4 Chancery Applications ......................................................................................... C-16
Chapter 5 Zoning Appeals .................................................................................................... C-22
Chapter 6 Civil Infraction Appeals ....................................................................................... C-25
Chapter 7 Design Review ..................................................................................................... C-28
Chapter 8 Planned Developments ......................................................................................... C-38
Chapter 9 General Rezoning ................................................................................................. C-55
Chapter 10 Campus Plans and School Plans......................................................................... C-58
Chapter 11 Airspace Development ....................................................................................... C-60
Chapter 12 Text Amendments .............................................................................................. C-61
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CHAPTER 1 INTRODUCTION TO REVIEW PROCESSES
100
PURPOSE OF SUBTITLE C
100.1
The purpose of this subtitle is to provide general information about the processes used
to obtain relief from the Zoning Regulations.
101
USE OF REVIEW PROCESSES
101.1
The regulations in this subtitle apply to all zones, unless otherwise specified.
101.2
This subtitle:
(a)
Contains regulations and instructions for various types of zoning relief
processes;
(b)
Includes review standards and general information about application
requirements and public hearing procedures; and
(c)
Provides guidance about the timing and implementation of approved zoning
relief requests.
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CHAPTER 2 VARIANCES
200
INTRODUCTION
200.1
This chapter provides regulations and instructions for the variance process.
200.2
The authority of the Board of Zoning Adjustment to grant variances from the strict
application of the Zoning Regulations, and the standard for doing so, is stated § 8 of
the Zoning Act, D.C. Official Code § 6-641.07(g)(3)(2008 Repl.).
200.3
Only the owner of the property for which a variance is sought, or an agent authorized
by the property owner, may apply for variance relief.
200.4
Variance cases are heard by the Board of Zoning Adjustment and follow the
procedures of A § Chapter 8
200.5
Procedures for variance cases heard by the Zoning Commission are provided under A
§ Chapter 7.
201
VARIANCE TYPES
201.1
Variances are classified as area variances or use variances. An area variance is a
request to deviate from a development standard applicable to the zone district in
which the property is located.
201.2
Examples of area variances include reallocation of a restricted land use as a
proportion of the total allowable floor area ratio and other development standards that
affect the size, location and placement of buildings and other structures.
201.3
A use variance is a request to permit a use other than those prescribed in a particular
zone district.
201.4
Examples of use variances include authorizing establishment of a use that is identified
as a “non-permitted use category” in the permission table applicable to that zone
district, and requests involving the extension or expansion of non-conforming uses.
202
VARIANCE REVIEW STANDARDS
202.1
The Board will evaluate and approve, disapprove, or modify a variance application
according to the standards of this section.
202.2
The applicant shall have the burden of proof to justify the granting of the application
according to the following three elements:
(a)
First that a specific piece of property, as further described in § 202.3, has
one or more of the following characteristics:
(1)
Exceptional narrowness, shallowness, or shape that existed on the
date of the original adoption of the regulations;
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(b)
(c)
(2)
Exceptional topographic conditions or other extraordinary or
exceptional situation or condition inherent in the property; or
(3)
Other extraordinary or exceptional situation or condition directly
related to the property.
Second, that as a direct consequence of one or more of the characteristics
under § 202.2 (a) the strict application of the zoning regulation for which a
variance is sought would:
(1)
As to an area variance result in peculiar and exceptional practical
difficulties to the owner of property; or
(2)
As to a use variance, result in exceptional and undue hardship upon
the owner of the property; and
Third, that the variance can be granted without substantial detriment to the
public good and without substantially impairing the intent, purpose, and
integrity of the zone plan as embodied in the Zoning Regulations and Map.
202.3
For the purposes of § 202.2 (a), a “specific piece of property” means only such land
area as is included within a single lot of record per the definition in A § 1000.
202.4
For the purposes of § 202.2 (b)(1), “peculiar and practical difficulty” means that, as a
direct consequence of a § 202.2 (a) characteristic, the property is incapable of being
reasonably adapted or modified by right within the zone district in which it is located.
202.5
For the purposes of § 202.2 (b)(2), “exceptional and undue hardship” means that, as a
direct consequence of a § 202.2 (a) characteristic, the property is incapable of being
reasonably adapted for any use permitted by right or by special exception within the
zone district in which it is located.
202.6
In granting a variance, the Board may only:
(a)
Grant the minimum relief necessary to mitigate the peculiar and exceptional
practical difficulty or exceptional and undue hardship proven; and
(b)
Impose such conditions as are necessary to mitigate the potential for
detriment to the public good or impairment to the intent, purpose, and
integrity of the zone plan as were identified in the record, provided that such
conditions must relate reasonably to the proper objectives of zoning and
must be directly related to and incidental to the use of the land, not the
landowner seeking the variance.
202.7
The Board may not grant a variance that would have the effect of amending the
Zoning Regulations or Map.
203
VARIANCE APPLICATION REQUIREMENTS
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203.1
The owner of property for which zoning relief is sought, or an authorized
representative, shall file an application with the Board. The application of an
authorized representative shall include a letter signed by the owner authorizing the
representative to act on the owner’s behalf with respect to the application. The Board
may at any time require additional evidence demonstrating the authority of the
representative to act for the owner.
203.2
An application shall contain either:
203.3
(a)
A memorandum from the Zoning Administrator stating that a building permit
application has been filed and certifying the required relief; or
(b)
A certification of required relief by an architect or attorney who also certifies
that:
(1)
The architect or attorney is duly licensed to practice in the District of
Columbia;
(2)
The architect or attorney is currently in good standing and otherwise
entitled to practice in the District of Columbia; and
(3)
The applicant is entitled to apply for the variance or special exception
for the reasons stated in the application. Nothing in this subsection is
intended to affect the discretion of the Director to reject an application
for failure to comply with the provisions of this subsection or this title.
Each application shall be made on the appropriate form provided by the Director. In
addition to the information required by A § 806 relating to appearance and
representation, the applicant shall furnish all information required by the application
form at the time of filing the application, including:
(a)
A memorandum from the Zoning Administrator directing the applicant to the
Board of Zoning Adjustment and certifying the required zoning relief; or,
alternatively, a completed self-certification form;
(b)
A plat, drawn to scale and certified by a survey engineer licensed in the
District of Columbia or by the D.C. Office of the Surveyor
(c)
A site plan showing the boundaries and dimensions of the existing and
proposed structures and accessory buildings and structures;
(d)
Architectural plans and elevations in sufficient detail to clearly illustrate any
proposed structure to be erected or altered, landscaping and screening, and
building materials, and where applicable, parking and loading plans;
(e)
A detailed statement of existing and intended use of the structure, or part
thereof;
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(f)
A detailed statement of how the application meets the review standards for
variances specified in § 202;
(g)
Three (3) or more color images, not to exceed letter-size (8½ x 11 inches),
showing the pertinent features of the structure, and property involved (front,
rear, and sides, if possible and applicable);
(h)
The name and addresses of the owners of all property located within two
hundred feet (200 ft.) of the subject property and self-stick labels printed with
their names and addresses;
(i)
The name and address of each person having a lease with the owner for all or
part of any building or structure located on the property involved in the
application; and
(j)
A copy of the certificate of occupancy or other documentation showing the
current authorized use(s) on the property. In cases where a change in one
nonconforming use to another nonconforming use is requested, a copy of the
certificate of occupancy or other documentation showing the past authorized
uses;
203.4
Except as provided in § 203.7 with respect to traffic and transportation reports, all
statements, information, briefs, reports (including reports and statements of experts
and other witnesses), plans, photographs, or other exhibits that the applicant may
wish to offer in evidence at the public hearing shall be filed at the time of filing the
application.
203.5
At the time of filing the application, the applicant shall also file a copy of the resume
of any expert witness who will be testifying in the case.
203.6
If a map, plan, or other document is readily available to the general public, in lieu of
filing a copy of the document, the applicant need only provide a complete citation to
the source of the document and indicate where the public may view the document.
203.7
No later than thirty (30) days before the date of the public hearing on the application,
the applicant shall file with the Board any traffic or transportation reports to be
submitted in support of the application. All such reports shall include the resume of
the expert who prepared the report. At or before the time of filing the traffic or
transportation report with the Board, the applicant shall serve a copy of the report on
the ANC for the area within which the property is located, the Office of Planning, and
the District Department of Transportation.
203.8
No later than twenty-one (21) days before the date of the hearing for the application,
the applicant shall file with the Board any additional statements, information, briefs,
reports (including reports or statements of expert and other witnesses), plans, or other
material that the applicant may wish to offer into evidence at the hearing. Any map,
plan, or other document, or matter readily available to the general public need only be
fully referenced and the source given by the applicant in place of filing a copy.
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204
VARIANCE PROCEDURES
204.1
The Board shall refer a variance application to the D.C. Office of Planning, which
shall coordinate review of the application.
204.2
The Office of Planning shall report on the application’s compatibility with the review
standards of § 202.
204.3
At the public hearing, the applicant shall carry the burden of justifying the proposal.
Failure of groups or persons to appear in opposition shall not relieve the applicant of
the responsibility of demonstrating the merits of the application
204.4
At the public hearing, the applicant shall advise the Board of the efforts that have
been made to apprise the affected Advisory Neighborhood Commission and other
individuals and community groups concerning the proposed development.
204.5
The Board shall either approve, deny, or modify the application.
204.6
The final plans for erection or alteration of a structure approved by the Board shall be
valid for a period of two (2) years, within which time application shall be filed for a
building permit.
204.7
The establishment of a use approved by the Board shall be valid for a period of six (6)
months, within which time application shall be filed for a certificate of occupancy,
provided, however, that where the authorized use is dependent upon the erection or
alteration of a structure, § 204.6shall apply.
204.8
In the event an appeal is filed in a court of competent jurisdiction from an order of the
Board, all time limitations in this section shall commence to run from the decision
date of the court’s final determination of the appeal. Unless stayed by the Board or a
court of competent jurisdiction, an applicant may proceed pursuant to order of the
Board prior to the court’s final determination.
204.9
The Board may extend the time periods in §§ 204.6 and 204.7 for good cause shown
upon the filing of a written request by the applicant before the expiration of the
approval; provided, that the Board determines that the following requirements are
met:
(a)
The extension request is served on all parties to the application by the
applicant, and all parties are allowed thirty (30) days to respond;
(b)
There is no substantial change in any of the material facts upon which the
Board based its original approval of the application that would undermine the
Board’s justification for approving the original application; and
(c)
The applicant demonstrates that there is good cause for such extension, with
substantial evidence of one or more of the following criteria:
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(1)
An inability to obtain sufficient project financing due to economic and
market conditions beyond the applicant’s reasonable control;
(2)
An inability to secure all required governmental agency approvals by
the expiration date of the Board’s order because of delays that are
beyond the applicant’s reasonable control; or
(3)
The existence of pending litigation or such other condition,
circumstance, or factor beyond the applicant’s reasonable control.
204.10
The Board’s decision on the request shall be in writing and shall become final and
effective upon its filing in the record and service upon the parties.
204.11
A request for a time extension filed at least thirty (30) days prior to the date upon
which an order is due to expire shall toll the expiration date for the sole purpose of
allowing the Board to consider the request.
204.12
If the request is not decided prior to an order’s expiration date, no application for a
building permit may be filed pursuant to the order unless and until a decision granting
the request becomes final and effective pursuant to § 204.10.
204.13
Expansion of a structure erected in accordance with an area variance relief grated
under these provisions shall require application for additional variance relief.
204.14
If the structure is replaced by a conforming structure then the variance shall expire.
204.15
Expansion of a use authorized by a variance shall require application for another use
variance.
204.16
Variances shall expire if:
204.17
(a)
An expiration date is specified in the order;
(b)
The variance use is discontinued for any reason for any period of three (3) or
more years occurring after [THE EFFECTIVE DATE OF THE
AMENDMENT];
(c)
A residential use occupies the site; or
(d)
A certificate of occupancy for a different use on the site is issued after the
effective date of variance relief previously granted by the Board of Zoning
Adjustment.
An appellant or applicant whose appeal or application has been denied shall not
institute a new appeal or application on the same facts within one (1) year from the
date of the order upon the previous appeal or application.
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205
IMPLEMENTATION
205.1
Following approval of an application by the Board, the applicant may file an
application for a building permit or certificate of occupancy with the proper
authorities of the District of Columbia.
205.2
The Zoning Administrator shall not approve a permit application unless the plans
conform to the plans approved by the Board in respect to those areas of relief, as
those plans may have been modified by any guidelines, conditions, or standards that
the Board may have applied.
205.3
The Zoning Administrator also shall not approve an application for a certificate of
occupancy unless the requested use conform to the Board approval in respect to the
areas of relief granted and any guidelines, conditions, or standards that the Board may
have applied.
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CHAPTER 3 SPECIAL EXCEPTIONS
300
INTRODUCTION TO THE SPECIAL EXCEPTION PROCESS
300.1
This chapter provides regulations and instructions for the special exception process.
300.2
The Board is authorized to grant special exceptions, as provided in this title, where, in
the judgment of the Board, the requested special exception meets the standards of C §
301.3.
300.3
In the case of a use that was originally permitted and lawfully established as a matter
of right and for which the Zoning Regulations now require special exception approval
from the Board, any extension or enlargement of that use shall require special
exception approval from the Board.
300.4
In determining whether to approve any extension or enlargement under § 300.3, the
Board shall apply the standards and criteria of the Zoning Regulations to the entire
use, rather than to just the proposed extension or enlargement.
300.5
Special exception cases are heard by the Board of Zoning Adjustment and follow the
procedures A § Chapter 8.
301
SPECIAL EXCEPTION REVIEW STANDARDS
301.1
The Board will evaluate and approve, disapprove, or modify a special exception
application according to the standards of this section.
301.2
The applicant shall have the burden of proof to justify the granting of the application
according to these standards.
301.3
An applicant must demonstrate by a preponderance of the evidence that:
(a)
(b)
The special exception is in harmony with the general purpose and intent of:
(1)
the Comprehensive Plan,
(2)
the Zoning Regulations, including the specific zone in which the
subject property is located, and
(3)
the Zoning Maps.
The uses, buildings, structures, and sites shall be designed and operated so as
not to become objectionable, create an undue adverse impact on neighboring
properties, or be detrimental to the health, safety, convenience, or general
welfare of persons living, working, or visiting in the area because of noise,
sounds, odors, lights, direct glare, excessive heat, traffic or transportation
operations, parking, vibrations, or hours of operation;
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(c)
The light and air available to neighboring properties shall not be unduly
affected;
(d)
The privacy of neighboring properties shall not be unduly compromised;
(e)
Vehicular access and egress shall be located and designed so as to encourage
safe and efficient pedestrian movement, minimize conflict with pedestrian
ways, function efficiently, and create no dangerous or otherwise objectionable
traffic conditions
(f)
Screening, coping, setbacks, fences, the location of entrances and exits, and
the design of any parking spaces shall be designed to minimize any negative
visual impacts on adjacent property or public spaces.
(g)
Tree removal, grading, and topographical change shall be minimized.
(h)
The Board may impose requirements pertaining to design, appearance, size,
signs, screening, landscaping, lighting, building materials, or other
requirements it deems necessary to protect adjacent or nearby property, or to
ensure compliance with the intent of the Zoning Regulations.
302
SPECIAL EXCEPTION APPLICATION REQUIREMENTS
302.1
The owner of property for which zoning relief is sought, or an authorized
representative, shall file an application with the Board. The application of an
authorized representative shall include a letter signed by the owner authorizing the
representative to act on the owner’s behalf with respect to the application. The Board
may at any time require additional evidence demonstrating the authority of the
representative to act for the owner.
302.2
An application shall contain either:
(a)
A memorandum from the Zoning Administrator stating that a building permit
application has been filed and certifying the required relief; or
(b)
A certification of required relief by an architect or attorney who also certifies
that:
(1)
The architect or attorney is duly licensed to practice in the District of
Columbia;
(2)
The architect or attorney is currently in good standing and otherwise
entitled to practice in the District of Columbia; and
(3)
The applicant is entitled to apply for the variance or special exception
for the reasons stated in the application. Nothing in this subsection is
intended to affect the discretion of the Director to reject an application
for failure to comply with the provisions of this subsection or this title.
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302.3
302.4
Each application shall be made on the appropriate form provided by the Director. In
addition to the information required by A § 806 relating to appearance and
representation, the applicant shall furnish all information required by the application
form at the time of filing the application, including:
(a)
A memorandum from the Zoning Administrator directing the applicant to the
Board of Zoning Adjustment and certifying the required zoning relief; or,
alternatively, a completed self-certification form pursuant to § 302.2 (b);
(b)
A plat, drawn to scale and certified by a survey engineer licensed in the
District of Columbia or by the D.C. Office of the Surveyor, showing the
boundaries and dimensions of the existing and proposed structures and
accessory buildings and structures;
(c)
Architectural plans and elevations in sufficient detail to clearly illustrate any
proposed structure to be erected or altered, landscaping and screening, and
building materials, and where applicable, parking and loading plans;
(d)
A detailed statement of existing and intended use of the structure, or part
thereof;
(e)
A detailed statement of how the application meets the review standards for
special exceptions specified in § 301.3 as well as any additional standards
identified in this title;
(f)
Three (3) color images, not to exceed letter-size (8 ½ x 11 inches), showing
the pertinent features of the structure, and property involved (front, rear, and
sides, if possible and applicable);
(g)
The name and addresses of the owners of all property located within two
hundred feet (200 ft.) of the subject property and self-stick labels printed with
their names and addresses;
(h)
The name and address of each person having a lease with the owner for all or
part of any building or structure located on the property involved in the
application; and
(i)
A copy of the certificate of occupancy or other documentation showing the
current authorized use. In cases where a change in one nonconforming use to
another nonconforming use is requested, a copy of the certificate of
occupancy or other documentation showing the past authorized uses;
Except as provided in § 302.7 with respect to traffic and transportation reports, all
statements, information, briefs, reports (including reports and statements of experts
and other witnesses), plans, photographs, or other exhibits that the applicant may
wish to offer in evidence at the public hearing shall be filed at the time of filing the
application.
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302.5
At the time of filing the application, the applicant shall also file a copy of the resume
of any expert witness who will be testifying in the case.
302.6
If a map, plan, or other document is readily available to the general public, in lieu of
filing a copy of the document, the applicant need only provide a complete citation to
the source of the document and indicate where the public may view the document.
302.7
No later than thirty (30) days before the date of the public hearing on the application,
the applicant shall file with the Board any traffic or transportation reports to be
submitted in support of the application. All such reports shall include the resume of
the expert who prepared the report. At or before the time of filing the traffic or
transportation report with the Board, the applicant shall serve a copy of the report on
the ANC for the area within which the property is located, the Office of Planning, and
the District Department of Transportation.
302.8
No later than fourteen (14) days before the date of the hearing for the application, the
applicant shall file with the Board any additional statements, information, briefs,
reports (including reports or statements of expert and other witnesses), plans, or other
material that the applicant may wish to offer into evidence at the hearing. Any map,
plan, or other document, or matter readily available to the general public need only be
fully referenced and the source given by the applicant in place of filing a copy.
303
SPECIAL EXCEPTION PROCEDURES
303.1
The Board shall refer a special exception application to the D.C. Office of Planning,
which shall coordinate review of the application.
303.2
The Office of Planning shall report on the application’s compatibility with the
evaluation standards of § 301.3.
303.3
At the public hearing, the applicant shall carry the burden of justifying the proposal.
Failure of groups or persons to appear in opposition shall not relieve the applicant of
the responsibility of demonstrating the merits of the application
303.4
At the public hearing, the applicant shall advise the Board of the efforts that have
been made to apprise the affected Advisory Neighborhood Commission and other
individuals and community groups concerning the proposed development.
303.5
The Board shall either approve, deny, or modify the application.
303.6
The final plans for erection or alteration of a structure approved by the Board shall be
valid for a period of two (2) years, within which time application shall be filed for a
building permit.
303.7
The establishment of a use approved by the Board shall be valid for a period of six (6)
months, within which time application shall be filed for a certificate of occupancy,
provided, however, that where the authorized use is dependent upon the erection or
alteration of a structure, § 303.6 shall apply.
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303.8
In the event an appeal is filed in a court of competent jurisdiction from an order of the
Board, all time limitations in this section shall commence to run from the decision
date of the court’s final determination of the appeal. Unless stayed by the Board or a
court of competent jurisdiction, an applicant may proceed pursuant to order of the
Board prior to the court’s final determination.
303.9
The Commission may extend the time periods in §§ 303.6 and 303.7 for good cause
shown upon the filing of a written request by the applicant before the expiration of
the approval; provided, that the Board determines that the following requirements are
met:
(a)
The extension request is served on all parties to the application by the
applicant, and all parties are allowed thirty (30) days to respond;
(b)
There is no substantial change in any of the material facts upon which the
Board based its original approval of the application that would undermine the
Board’s justification for approving the original application; and
(c)
The applicant demonstrates that there is good cause for such extension, with
substantial evidence of one or more of the following criteria:
(1)
An inability to obtain sufficient project financing due to economic and
market conditions beyond the applicant’s reasonable control;
(2)
An inability to secure all required governmental agency approvals by
the expiration date of the Board’s order because of delays that are
beyond the applicant’s reasonable control; or
(3)
The existence of pending litigation or such other condition,
circumstance, or factor beyond the applicant’s reasonable control.
303.10
The Board’s decision on the request shall be in writing and shall become final and
effective upon its filing in the record and service upon the parties.
303.11
A request for a time extension filed at least thirty (30) days prior to the date upon
which an order is due to expire shall toll the expiration date for the sole purpose of
allowing the Board to consider the request.
303.12
If the request is not decided prior to an order’s expiration date, no application for a
building permit may be filed pursuant to the order unless and until a decision granting
the request becomes final and effective pursuant to § 303.10.
303.13
If a special exception use is established, the use will only expire if:
(a)
An expiration date is specified in the order;
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(b)
The special exception use is discontinued for any reason for any period of
three (3) or more years; except where governmental action impedes access to
the premises; or
(c)
A certificate of occupancy for a different use is issued after approval.
303.14
If a special exception use expires, any subsequent use shall conform to the
regulations.
303.15
Notwithstanding § 303.13(b), a special exception use shall not expire if there is
objective proof of a continuing use or of affirmative steps taken to resume the use
during the period of time identified by the Zoning Administrator when revoking an
existing certificate of occupancy or denying an application for a replacement
certificate of occupancy.
303.16
An appellant or applicant whose appeal or application has been denied shall not
institute a new appeal or application on the same facts within one (1) year from the
date of the order upon the previous appeal or application.
303.17
When the Board limits its approval of a special exception to a term of years, the
length of that term begins on the date upon which the order became final.
304
IMPLEMENTATION
304.1
Following approval of an application by the Board, the applicant may file an
application for a building permit with the proper authorities of the District of
Columbia.
304.2
The Zoning Administrator shall not approve a permit application unless the plans
conform to the plans approved by the Board in respect to those areas of relief, as
those plans may have been modified by any guidelines, conditions, or standards that
the Board may have applied.
304.3
The Zoning Administrator also shall not approve an application for a certificate of
occupancy unless the requested use conforms to the Board approval in respect to the
areas of relief granted and any guidelines, conditions, or standards that the Board may
have applied.
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CHAPTER 4 CHANCERY APPLICATIONS
400
INTRODUCTION TO THE CHANCERY APPLICATION PROCESS
400.1
This chapter provides regulations and instructions for the chancery process.
400.2
The Board has the authority to make determinations regarding the location,
replacement, or expansion of chanceries in the District of Columbia, and to hear and
decide appeals of administrative decisions relating to a chancery based in whole or in
part upon the Zoning Regulations and Zoning Map, subject to the procedures and
criteria established in the Foreign Missions Act, D.C. Official Code § 6-1306, and in
the pertinent provisions of the Zoning Regulations.
400.3
Chancery applications are heard by the Board of Zoning Adjustment and follow the
procedures of A § Chapter 8.
401
CHANCERIES EXEMPT FROM THE PROVISIONS OF THIS CHAPTER
401.1
Board of Zoning Adjustment review is not required:
401.2
(a)
For relocation, replacement or expansion of an existing chancery to the extent
authorized to a foreign mission before October 1, 1982; or
(b)
For continuing use of a chancery foreign mission to the extent that the
chancery was being used by a foreign mission on October 1, 1982.
This exemption is no longer applicable if the property where the chancery was
established before October 1, 1928 is either:
(a)
Continuously vacant for a period of at least three years in accordance with the
criteria of A § 903; or
(b)
Occupied by another use with an approved Certificate of Occupancy.
402
CHANCERY REVIEW STANDARDS
402.1
The Board will evaluate and approve, disapprove, or modify a chancery application
according to the standards of this section.
402.2
The applicant shall have the burden of proof to justify the granting of the application
according to these standards.
402.3
For properties in R zones, disapproval by the Board of Zoning Adjustment shall be
solely in accordance with the FMA as follows:
(a)
The Board shall first determine, through active certificates of occupancy,
submitted by the Applicant, that at least one-third (1/3) of the R zoned land
area of the square within which the proposed use is located is occupied by the
following use categories:
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(1)
Chancery;
(2)
Educational;
(3)
Large Scale Government;
(4)
Local Government;
(5)
Health Care;
(6)
Institutional; or
(7)
Office.
A valid certificate of occupancy for one of the listed uses shall be deemed to
include the entire land area of the property in the calculation unless other
evidence demonstrates that more than two-thirds of the uses on the lot are
residential.
(b)
(c)
If the Board finds the non-residential standards at § 402.3 (a) has been met,
the Board shall consider whether to disapprove a Chancery use based
exclusively on the following six criteria:
(1)
The international obligation of the United States to facilitate the
provision of adequate and secure facilities for foreign missions in the
Nation’s Capital;
(2)
Historic preservation, as determined by the BZA in accordance with §
402.3(c);
(3)
The adequacy of parking and the extent to which the area will be
served by public transportation to reduce parking needs, subject to
such special security requirements as may be determined by the
Secretary of State, after consultation with federal agencies authorized
to perform protective services;
(4)
The extent to which the area is capable of being adequately protected,
as determined by the Secretary of State, after consultation with federal
agencies authorized to perform protective services;
(5)
The municipal interest, as determined by the Mayor of the District of
Columbia; and
(6)
The federal interest, as determined by the Secretary of State; and
For the purposes of § 402.3(b)(2), the Board’s determination on historic
preservation shall be based on the following criteria:
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(1)
For any historic property, the Board must find that any demolition,
alteration, or new construction will retain and enhance the property
and encourage its adaptation for current use; and
(2)
For all properties in a historic district, the Board must find that any
alterations or new construction are compatible with the character of the
historic district.
402.4
For properties in A or RT zones, disapproval by the Board of Zoning Adjustment
shall be based solely in accordance with the six criteria listed above under §§402.3
(b) and (c).
402.5
A final determination by the Board concerning the location, replacement or expansion
of a chancery shall be made not later than six months after the date of the filing of the
application.
402.6
The Board’s determination shall not be subject to administrative proceedings of any
other District agency.
403
CHANCERY APPLICATION REQUIREMENTS
403.1
The owner of property for which a chancery application is sought, or an authorized
representative, shall file an application with the Board. The application of an
authorized representative shall include a letter signed by the owner authorizing the
representative to act on the owner’s behalf with respect to the application. The Board
may at any time require additional evidence demonstrating the authority of the
representative to act for the owner.
403.2
An application shall contain either:
(a)
A memorandum from the Zoning Administrator stating that a building permit
application has been filed and certifying the required relief; or
(b)
A certification of required relief by an architect or attorney who also certifies
that:
(1)
The architect or attorney is duly licensed to practice in the District of
Columbia;
(2)
The architect or attorney is currently in good standing and otherwise
entitled to practice in the District of Columbia; and
(3)
The applicant is entitled to apply for the variance or special exception
for the reasons stated in the application. Nothing in this subsection is
intended to affect the discretion of the Director to reject an application
for failure to comply with the provisions of this subsection or this title.
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403.3
Each application shall be made on the appropriate form provided by the Director. In
addition to the information required by A § 806 relating to appearance and
representation, the applicant shall furnish all information required by the application
form at the time of filing the application, including:
(a)
A memorandum from the Zoning Administrator directing the applicant to the
Board of Zoning Adjustment and certifying the required zoning relief; or,
alternatively, a completed self-certification form;
(b)
A plat, drawn to scale and certified by a survey engineer licensed in the
District of Columbia or by the D.C. Office of the Surveyor
(c)
A site plan showing the boundaries and dimensions of the existing and
proposed structures and accessory buildings and structures;
(d)
Architectural plans and elevations in sufficient detail to clearly illustrate any
proposed structure to be erected or altered, landscaping and screening, and
building materials, and where applicable, parking and loading plans;
(e)
A detailed statement of existing and intended use of the structure, or part
thereof;
(f)
A detailed statement of how the application meets the review standards for
chancery uses specified in § 402;
(g)
Three (3) or more color images, not to exceed letter-size (8 ½ x 11 inches),
showing the pertinent features of the structure, and property involved (front,
rear, and sides, if possible and applicable);
(h)
The names and addresses of the owners of all property located within two
hundred feet (200 ft.) of the subject property and self-stick labels printed with
their names and addresses;
(i)
The name and address of each person having a lease with the owner for all or
part of any building or structure located on the property involved in the
application; and
(j)
Copies of the certificate of occupancy or other documentation showing the
current authorized use(s) on the property and, at a minimum, the surrounding
properties on the square.
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403.4
Except as provided in § 403.7 with respect to traffic and transportation reports, all
statements, information, briefs, reports (including reports and statements of experts
and other witnesses), plans, photographs, or other exhibits that the applicant may
wish to offer in evidence at the public hearing shall be filed at the time of filing the
application.
403.5
At the time of filing the application, the applicant shall also file a copy of the resume
of any expert witness who will be testifying in the case.
403.6
If a map, plan, or other document is readily available to the general public, in lieu of
filing a copy of the document, the applicant need only provide a complete citation to
the source of the document and indicate where the public may view the document.
403.7
No later than thirty (30) days before the date of the public hearing on the application,
the applicant shall file with the Board any traffic or transportation reports to be
submitted in support of the application. All such reports shall include the resume of
the expert who prepared the report. At or before the time of filing the traffic or
transportation report with the Board, the applicant shall serve a copy of the report on
the ANC for the area within which the property is located, the Office of Planning, and
the District Department of Transportation.
403.8
No later than twenty-one (21) days before the date of the hearing for the application,
the applicant shall file with the Board any additional statements, information, briefs,
reports (including reports or statements of expert and other witnesses), plans, or other
material that the applicant may wish to offer into evidence at the hearing. Any map,
plan, or other document, or matter readily available to the general public need only be
fully referenced and the source given by the applicant in place of filing a copy.
403.9
The Board shall refer a chancery application to the D.C. Office of Planning, which
shall coordinate review of the application.
404
CHANCERY PROCEDURES
404.1
The Office of Planning shall report on the application’s compatibility with the
evaluation standards of § 402.
404.2
At the public hearing, the applicant shall carry the burden of justifying the proposal.
Failure of groups or persons to appear in opposition shall not relieve the applicant of
the responsibility of demonstrating the merits of the application.
404.3
The Board shall vote to either not disapprove or disapprove the application.
404.4
The Board’s decision on the request shall be in writing and shall become final and
effective fourteen (14) days after it becomes final.
404.5
A chancery application that has been denied shall not institute a new application on
the same facts within one (1) year from the date of the order upon the previous appeal
or application.
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405
IMPLEMENTATION
405.1
Following approval of an application by the Board, the applicant may file an
application for a building permit with the proper authorities of the District of
Columbia.
405.2
The Zoning Administrator shall not approve a permit application unless the submitted
construction plans conform to the plans approved by the Board in its final decision, as
those plans may have been modified by any guidelines, conditions, or standards that
the Board may have applied.
405.3
This special exception approval shall expire if either;
(a)
The approved chancery use is replaced by a residential use or another use in
accordance with an approved certificate of occupancy;
(b)
The chancery use is discontinued for any reason for any period of three (3) or
more years occurring after [THE EFFECTIVE DATE OF THE
AMENDMENT]; or
(c)
The special exception is vacated.
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CHAPTER 5 ZONING APPEALS
500
INTRODUCTION TO THE ZONING APPEALS PROCESS
500.1
This chapter provides regulations and instructions for the zoning appeals process.
500.2
The Board shall hear and decide zoning appeals where it is alleged by the appellant
that there is error in any order, requirement, decision, determination, or refusal made
by the Zoning Administrator or any administrative officer or body, including the
Mayor, in the administration or enforcement of the Zoning Regulations.
500.3
Zoning appeals cases are heard by the Board of Zoning Adjustment and follow the
procedures of A § Chapter 8.
501
ZONING APPEALS APPLICATION REQUIREMENTS
501.1
Any person aggrieved by an order, requirement, decision, determination, or refusal
made by an administrative officer or body, including the Mayor of the District of
Columbia, in the administration or enforcement of the Zoning Regulations may file a
timely zoning appeal with the Board as follows:
(a)
A zoning appeal shall be filed within sixty (60) days from the date the person
appealing the administrative decision had notice or knowledge of the decision
complained of, or reasonably should have had notice or knowledge of the
decision complained of, whichever is earlier.
(b)
If the decision complained of involves the erection, construction,
reconstruction, conversion, or alteration of a structure or part thereof, the
following subparagraphs shall establish the latest date on which a zoning
appeal may be filed:
(c)
(1)
No zoning appeal shall be filed later than ten (10) days after the date
on which the structure or part thereof in question is under roof. For
purposes of this subparagraph, the phrase “under roof” means the stage
of completion of a structure or part thereof when the main roof of the
structure or part thereof, and the roofs of any structures on the main
roof or part thereof, are in place; and
(2)
The provisions of paragraph (b) of this subsection shall not relieve an
appellant of the jurisdictional requirement in paragraph (a) of this
subsection of filing a timely zoning appeal.
Notwithstanding paragraphs (a) and (b) of this subsection, for purposes of
establishing the timeliness of a zoning appeal under this subsection, an
appellant shall have a minimum of sixty (60) days from the date of the
administrative decision complained of in which to file an appeal.
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(d)
The Board may extend the sixty (60) day deadline for the filing of a zoning
appeal only if the appellant demonstrates that:
(1)
There are exceptional circumstances that are outside of the appellant’s
control and that could not have been reasonably anticipated that
substantially impaired the appellant’s ability to file a zoning appeal to
the Board; and
(2)
The extension of time will not prejudice the parties to the zoning
appeal.
501.2
An authorized representative may file a zoning appeal on behalf of the aggrieved
person. The zoning appeal shall include a letter signed by the aggrieved person
authorizing the representative to act on the aggrieved person’s behalf with respect to
the zoning appeal. The Board may at any time require additional evidence
demonstrating the authority of the representative to act for the aggrieved person.
501.3
Each zoning appeal shall be made on appropriate form provided by the Director. The
appellant shall furnish all information required by the form at the time of filing the
appeal, including:
(a)
The name of the administrative official or public agency whose decision is the
subject of the zoning appeal;
(b)
A statement identifying the administrative decision appealed, by permit or
certificate number, or other identifying information, together with a copy of
the decision;
(c)
The square(s) and lot(s) and/or street address of the property involved, and the
zone district within which it is located;
(d)
The name and address of the owner, lessee, operator, or contract purchaser of
the property that is the subject of the appeal, if not the appellant;
(e)
A statement demonstrating that the zoning appeal meets the jurisdictional
requirement of timeliness, as specified in § 501.1;
(f)
A statement of the issues on appeal, identifying the specific manner in which
the appellant is aggrieved by the administrative decision, the allegations of
error in the administrative decision, and the relevant provisions of the Zoning
Regulations; and
(g)
An opening brief and all other information, reports, plans, photographs, or
other exhibits that the appellant may wish to offer into evidence at the public
hearing. At the time of filing the opening brief, the appellant shall also file a
written summary of the testimony of all witnesses or of the written report, and
a complete and professional resume for any expert who may either be called
to testify at the public hearing, or made available to answer questions. If a
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map, plan, or other document is readily available to the general public, in lieu
of filing a copy of the document, the appellant need only provide a complete
citation to the source of the document and indicate where the public may view
the document.
501.4
At the time of filing the zoning appeal the fee shall be paid pursuant to A § 837.
501.5
At or before the time of filing the zoning appeal, the appellant shall serve all persons
with automatic party status under § A 813.2 with a copy of the zoning appeal and all
accompanying documents.
501.6
No later than fourteen (14) days before the date of the public hearing on the zoning
appeal, the appellant shall file with the Board any supplemental documents.
501.7
No later than seven (7) days before the public hearing, the appellee and all persons
with automatic party status pursuant to § A 813.2 shall file any responsive briefs and
supporting information, whether in support of or opposition to the appeal.
501.8
Upon motion by appellee or intervenor and for good cause the Board may elect to
waive § 501.7 and permit any responsive briefs and supporting information, whether
in support of or opposition to the appeal at the public hearing
501.9
No later than seven (7) days before the public hearing, the appellant may file a brief
and supporting information in reply to any of the responsive briefs.
502
ZONING APPEAL PROCEDURES
502.1
In exercising its zoning appeal powers, the Board may reverse or affirm, wholly or
partly, or may modify the order, requirement, decision, determination, or refusal
appealed from or may make such order as may be necessary to carry out its decision
or authorization, and to that end shall have all the powers of the officer or body from
whom the appeal is taken.
503
IMPLEMENTATION
503.1
[RESERVED FOR ZONING APPEAL IMPLEMENTATION LANGUAGE]
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CHAPTER 6 CIVIL INFRACTION APPEALS
600
INTRODUCTION TO THE CIVIL INFRACTION APPEALS PROCESS
600.1
This chapter provides regulations and instructions for the civil infraction appeals
process.
600.2
The Board shall entertain and decide civil infraction appeals timely filed by persons
aggrieved by orders issued by hearing examiners pursuant to the Civil Infractions
Act, or by the Mayor, involving infractions of chapter 6 of Title 6 of the District of
Columbia Official Code, pertaining to zoning and the height of buildings, or of the
Zoning Regulations.
600.3
Civil infraction cases are heard by the Board of Zoning Adjustment and follow the
procedures of A § Chapter 8.
601
CIVIL INFRACTION APPEALS APPLICATION REQUIREMENTS
601.1
Any person aggrieved by an order issued by an Administrative Law Judge (ALJ)
pertaining to zoning and the height of buildings, or of the Zoning Regulations may
file a timely civil infraction appeal with the Board within fifteen (15) days from the
date of service of the final decision of the ADL.
601.2
An authorized representative may file a civil infraction appeal on behalf of the
aggrieved person. The civil infraction appeal shall include a letter signed by the
aggrieved person authorizing the representative to act on the aggrieved person’s
behalf with respect to the civil infraction appeal. The Board may at any time require
additional evidence demonstrating the authority of the representative to act for the
aggrieved person.
601.3
Each civil infraction appeal shall be made on appropriate form provided by the
Director. The appellant shall furnish all information required by the form at the time
of filing the appeal, including:
601.4
(a)
That an appeal is taken;
(b)
A copy or identification of the final decision from which the appeal is taken;
(c)
A concise statement indicating why the respondent believes the final decision
is in error;
(d)
The full name, street address, and telephone number of the respondent and the
respondent's counsel, if any; and
(e)
The signature of the respondent or the respondent's counsel.
At the time of filing the civil infraction appeal the fee shall be paid pursuant to A §
837.
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601.5
At or before the time of filing the civil infraction appeal, the appellant shall serve all
persons with automatic party status under A § 813.3 with a copy of the civil infraction
appeal and all accompanying documents.
601.6
Upon receiving a complete appeal, the Director shall issue a briefing order outlining
the documents that are pertinent to the appeal, including the following:
(a)
(b)
The appellant shall serve and file a brief, including:
(1)
A table of contents, with page references, and a table of cases
alphabetically arranged with asterisks placed before the cases chiefly
relied upon, and statutes, rules, regulations, and other authorities cited,
with references to the pages of the brief where they are cited;
(2)
A statement of the issues presented for review;
(3)
A statement of the facts of the case. A statement will first indicate
briefly the nature of the case, the course of proceedings, and its
disposition by the Director. There will follow a statement of the facts
relevant to the issues presented for review, with appropriate references
to the record;
(4)
An argument, which may be preceded by a summary. The argument
will contain the contentions and the reasons for those contentions, with
citations to the authorities, statutes, and parts of the record relied upon;
and
(5)
A short conclusion stating the precise relief sought.
The appellee may serve and file a brief within forty (40) days of service of the
appellant’s brief; and the appellant may serve and file a reply brief within
twenty-one (21) days of service of the appellee’s brief.
601.7
Each brief must contain or be accompanied by a certificate of service showing the
method and date of service on each party separately represented.
602
CIVIL INFRACTION APPEAL PROCEDURES
602.1
In exercising its civil infraction appeal powers the Board shall, in conformity with the
Civil Infractions Act, make a determination of each appeal on the basis of the record
established before the administrative law judge or attorney examiner.
602.2
The Board shall set aside any administrative law judge or attorney examiner order
that is without observance of procedure required by law or regulations, including any
applicable procedure required by subchapters I and II of the Civil Infractions Act,
D.C. Official Code §§ 2-1801.01 to 2-1802.05, or any administrative law judge or
attorney examiner order that is unsupported by a preponderance of the evidence on
the record.
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602.3
The Board shall apply the rule of harmless error, and shall have the power to affirm,
reverse, or modify the order of the administrative law judge or attorney examiner.
602.4
The Board may remand a case for further proceedings before the administrative law
judge or attorney examiner.
602.5
The Board shall not modify a monetary sanction imposed by an administrative law
judge or attorney examiner if that sanction is within the limits established by law or
regulation.
603
IMPLEMENTATION
603.1
[RESERVED FOR CIVIL INFRACTION APPEAL IMPLEMENTATION
LANGUAGE]
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CHAPTER 7 DESIGN REVIEW
700
INTRODUCTION TO DESIGN REVIEW
700.1
This chapter provides regulations and instructions for the design review process.
700.2
The purpose of the design review process is to:
(a)
Allow for special projects to be approved by the Zoning Commission after a
public hearing and a finding of no adverse impact;
(b)
Recognize that some areas of the City warrant special attention due to
particular or unique characteristics of an area or project;
(c)
Permit some projects to voluntarily submit themselves for design review
under this chapter in exchange for flexibility because the project is superior in
design but does not need extra density;
(d)
Promote high-quality, contextual design; and
(e)
Provide for flexibility in building bulk control, design, and site placement
without an increase in density or a map amendment.
700.3
Design review development (DRD) cases are heard by the Zoning Commission and
follow the contested case procedures of A § Chapter 7.
700.4
The design review process is intended to be shorter and less intensive than the
planned project development or planned unit development process and allow less
deviation from by-right zoning standards.
700.5
A comprehensive public review by the Zoning Commission of the specific
development proposal is required in order to evaluate the design of the project in
proportion to the design flexibility requested.
700.6
While providing for greater flexibility in planning and design than may be possible
under by-right zoning procedures, the design review process shall not be used to
circumvent the intent and purposes of the Zoning Regulations, or to result in action
that is inconsistent with the Comprehensive Plan.
700.7
A change to the Zoning Map or an increase in density shall not be permitted as part of
a design review application.
701
APPLICABILITY
701.1
In certain zones, some or all development may require design review. The zone
reference table for the subtitle will reference any conditions under which design
review is required.
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701.2
Where not required, a property owner may apply voluntarily for design review
development under this chapter.
701.3
The minimum area included within a proposed design review development
application, including the area of public streets or alleys proposed to be closed, shall
be as follows:
(a)
A total of two (2) acres for a development to be located in any R zone; and
(b)
No minimum area required for a development in any other zone.
701.4
All the property included in a design review application shall be contiguous, except
that the property may be separated only by a public street, alley, or right-of-way.
702
DESIGN REVIEW FLEXIBILITY
702.1
As part of the design review process, the Zoning Commission may grant relief from
the development standards for height, setbacks, lot occupancy, courts, and building
transitions; as well as any urban design standards. The design review process shall
not be used to vary other building development standards including Floor Area Ratio,
Inclusionary Zoning, or Green Area Ratio.
702.2
The amount of relief is at the discretion of the Commission, but must meet all of the
standards of § 703.
702.3
An application for a special exception use that would otherwise require the approval of
the Board of Zoning Adjustment may be heard simultaneously with a design review
application and shall be subject to all applicable special exception criteria.
702.4
Approval of the Board shall not be required for any such use approved by the
Commission under this section.
703
DESIGN REVIEW STANDARDS
703.1
The Commission will evaluate and approve, disapprove, or modify a design review
application according to the standards of this section.
703.2
The applicant shall have the burden of proof to justify the granting of the application
according to these standards.
703.3
The Commission shall find that the proposed design review development is not
inconsistent with the Comprehensive Plan and with other adopted public policies and
active programs related to the subject site.
703.4
The Commission shall find that the proposed design review development will not
tend to affect adversely the use of neighboring property and meets the general special
exception criteria of C § 301.3.
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703.5
The Commission shall review the urban design of the site and the building for the
following criteria:
(a)
(b)
(c)
(d)
Street frontages are designed to be safe, comfortable, and encourage
pedestrian activity, including:
(1)
Multiple pedestrian entrances for large developments;
(2)
Direct driveway or garage access to the street is discouraged;
(3)
Commercial ground floors contain active uses with clear, inviting
windows;
(4)
Blank facades are prevented or minimized; and
(5)
Wide sidewalks are provided;
Public gathering spaces and open spaces are encouraged, especially in the
following situations:
(1)
Where neighborhood open space is lacking;
(2)
Near transit stations or hubs; and
(3)
When they can enhance existing parks and the waterfront;
New development respects the historic character of Washington’s
neighborhoods, including:
(1)
Developments near the District’s major boulevards and public spaces
should reinforce the existing urban form;
(2)
Infill development should respect, though need not imitate, the
continuity of neighborhood architectural character; and
(3)
Development should respect and protect key landscape vistas and axial
views of landmarks and important places.
Buildings strive for attractive and inspired façade design, including:
(1)
Reinforce the pedestrian realm with elevated detailing and design of 1st
and 2nd floors; and
(2)
Incorporate contextual and quality building materials and fenestration;
(e)
Sites are designed with sustainable landscaping; and
(f)
Sites are developed to promote connectivity both internally and with
surrounding neighborhoods, including:
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(1)
Pedestrian pathways through developments increase mobility and link
neighborhoods to transit;
(2)
The development incorporates transit and bicycle facilities and
amenities;
(3)
Streets, easements, and open spaces are designed to be safe and
pedestrian friendly;
(4)
Large sites are integrated into the surrounding community through
street and pedestrian connections; and
(5)
Waterfront development contains high quality trail and shoreline
design as well as ensuring access and view corridors to the waterfront.
703.6
The Commission shall find that the criteria of § 703.5 are met in a way that is
superior to any matter-of-right development possible on the site.
704
DESIGN REVIEW APPLICATION REQUIREMENTS
704.1
Each design review application shall meet the requirements of this section before it
will be accepted by the Commission for processing.
704.2
No design review application shall be processed until the application is complete and
all required fees are paid in accordance with the applicable fee schedule.
704.3
A design review application may include property of one or more owners. The owner
or owners may be public or private persons, corporations, agencies, or other entities.
704.4
The name, address, and signature of each owner of property included in the area to be
developed, or of the owner’s authorized agent, shall be included in the design review
application.
704.5
The application shall be filed on a form as may be designated from time-to-time by
the Commission.
704.6
At least ten (10) calendar days prior to filing an application under this chapter, the
applicant shall mail written notice of its intent to file the application to the Advisory
Neighborhood Commission for the area within which the property is located and to
the owners of all property within two hundred feet (200 ft.) of the perimeter of the
property in question.
704.7
The applicant may mail notice to any other person or organization the applicant
determines appropriate to receive the notice.
704.8
The notice shall describe generally 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 shall also indicate the applicant’s availability to
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discuss the proposed development with all interested and affected groups and
individuals.
704.9
At the time of filing the application, the applicant shall certify to whom and in what
manner the required notice was given.
704.10
An application for design review approval shall include the following:
(a)
A completed application form;
(b)
A map showing the location of the proposed project, the existing zoning for
the subject site, the zoning of adjacent properties;
(c)
A statement of the purposes and objectives of the project, including the
proposed form of development and a detailed statement elucidating how the
application meets the design review evaluation standards in § 703;
(d)
A detailed statement as to the uses to be located in the project, including the
location, number, size, and types of stores, offices, residential, institutional,
industrial, and other uses;
(e)
A detailed site plan, showing the location and external dimensions of all
buildings and structures, utilities and other easements, walkways, driveways,
plazas, arcades, and any other open spaces;
(f)
A detailed landscaping and grading plan, showing all existing contour lines,
including graphic illustration of grades exceeding fifteen percent (15%) in five
percent (5%) increments, landscaping to be retained including trees of 18 inch
circumference or greater, proposed planting and landscaping. The plan shall
also show the proposed drainage for the site, including the location of buildings,
roads, sidewalks, water and sewer lines, inlets, and basins, and connections to
public water and sewer lines. Proposed erosion control measures shall also be
shown;
(g)
Typical floor plans and architectural elevations for each building, sections for
each building and the project as a whole, and sections and elevations of the
entire square within which the project is located;
(h)
A circulation plan, including the location of all vehicular and pedestrian
access ways and the location and number of all off-street parking spaces and
loading berths, including an indication of which spaces are designated for
which use;
(i)
Typical floor plans and architectural elevations for each building, sections for
each building and the project as a whole, and sections and elevations of the
entire square within which the project is located;
(j)
A tabulation of development data showing the following:
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(1)
The area and dimensions of each lot proposed for each building and the
exact area of the total site;
(2)
The percentage of lot occupancy of each building on each lot and the
total percentage of lot occupancy for all buildings on the entire site; and
(3)
The gross floor area and floor area ratio for each building on each lot,
including a break-down for each use, and the total gross floor area and
floor area ratio for all buildings on the entire site, including a breakdown
for each use; and
(k)
A table listing by-right development standards and identifying all areas of
relief requested and the degree of such relief; and
(l)
Any other information needed to understand the proposed project.
705
DESIGN REVIEW PROCEDURES
705.1
The Commission shall refer a design review application to the D.C. Office of
Planning, which shall coordinate review of the application.
705.2
The Office of Planning shall report on the:
(a)
Compatibility of the proposed development with the Comprehensive Plan; and
(b)
The quality of the urban design and site design of the proposed development,
with emphasis on the design review evaluation standards in § 703.
705.3
At the public hearing, the applicant shall carry the burden of justifying the proposal.
Failure of groups or persons to appear in opposition shall not relieve the applicant of
the responsibility of demonstrating the merits of the application.
705.4
At the public hearing, the applicant shall advise the Commission of the efforts that
have been made to apprise the affected Advisory Neighborhood Commission and
other individuals and community groups concerning the proposed development.
705.5
The Commission shall either approve, deny, or modify the application.
705.6
In carrying out the purposes of this chapter, the Commission may set standards and
conditions for height and bulk lesser or greater than the standards established for the
affected zones in this chapter or elsewhere in this title.
706
DESIGN REVIEW APPROVALS
706.1
The design review development plan approved by the Commission shall be valid for a
period of two (2) years, within which time application shall be filed for a building
permit.
706.2
Construction shall start within three (3) years of the date of final approval.
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706.3
A design review development approval shall require only one vote of the Zoning
Commission.
706.4
Previous approval of a design review development shall not be a binding precedent
on a new application.
707
DESIGN REVIEW EXTENSIONS
707.1
An applicant may request an extension of the time periods in 706.1 and 706.2 for
good cause upon the filing of a written request documenting the following:
(a)
The extension request is served on all parties to the application by the
applicant, and all parties are allowed thirty (30) days to respond;
(b)
There is no substantial change in any of the material facts upon which the
Commission based its original approval of the design review that would
undermine the Commission’s justification for approving the original design
review application; and
(c)
The applicant demonstrates with substantial evidence one or more of the
following criteria.
(1)
An inability to obtain sufficient project financing for the development,
following an applicant’s diligent good faith efforts to obtain such
financing, because of changes in economic and market conditions
beyond the applicant’s reasonable control;
(2)
An inability to secure all required governmental agency approvals for
a development by the expiration date of the order because of delays in
the governmental agency approval process that are beyond the
applicant’s reasonable control; or
(3)
The existence of pending litigation or such other condition,
circumstance, or factor beyond the applicant’s reasonable control that
renders the applicant unable to comply with the time limits of the
order.
707.2
Only one extension may be requested for a design review development approval.
707.3
The Commission may at their sole discretion:
(a)
Grant the extension for no more than two years, subject to their determination
that the applicant has sufficiently evidenced compliance with the criteria in
707.1; or
(b)
Grant the extension for no more than two years subject to their determination
that the applicant has sufficiently evidenced compliance with the above
criteria but with applicable conditions that the Commission concludes are in
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the public interest and which will expire with the issuance of a certificate of
occupancy for the project; or
(c)
Deny the extension request.
707.4
A request for an extension of an approval may not be filed more than six months prior
to the expiration of the order.
707.5
The Commission shall hold a public hearing on a request for an extension of the
validity of a design review approval only if, in the determination of the Commission,
there is a material factual conflict that has been generated by the parties to the
proceeding concerning any of the criteria in § 707.1. The hearing shall be limited to
the specific and relevant evidentiary issues in dispute.
707.6
In the event an appeal is filed in a court of competent jurisdiction from an order of the
Commission, the time limitations of §§ 706.1 and 706.2 shall run from the decision
date of the court's final determination of the appeal. Unless stayed by the Commission
or a court of competent jurisdiction, an applicant may proceed pursuant to the order
of the Commission prior to any such final determination.
708
DESIGN REVIEW MODIFICATIONS
708.1
A modification to a design review approval or issued order may be requested subject
to the conditions of this section. Modifications shall be classified as one of the
following:
(a)
A minor modification, as defined in A § 605.4;
(b)
A modification of little or no consequence is a proposed change to an
approved element that was not a consideration of or significant to the
Commission in deciding the case.
(c)
A modification of consequence is a proposed change to a condition cited by
the Commission in the final order, or a redesign or relocation of architectural
elements or open spaces from those approved in the final design by the
Commission.
(d)
A significant modification is any other proposed change.
708.2
The Zoning Administrator shall have the authority to approve minor modifications.
708.3
In reviewing and approving any requested minor modification, the Zoning
Administrator shall determine that the proposed minor modification is consistent with
the intent of Commission in approving the design review application.
708.4
Following approval of any minor modifications under § 708.1(a), the Zoning
Administrator shall report to the Commission the modification approved under this
section.
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708.5
Any requested modifications that cannot be approved by the Zoning Administrator
shall be submitted to and approved by the Commission.
708.6
The Commission shall determine the proposed modification as one of the following:
(a)
A technical correction or modification of little or no consequence, which may
be acted upon as a consent calendar item with no public hearing;
(b)
A modification of consequence, which the Commission may consider by
proposed action with no additional public hearing; or
(c)
A significant modification, which shall meet the requirements for, and be
processed as, a second stage application.
708.7
A public hearing on a request for a modification of consequence or significant
modification shall be focused on the relevant evidentiary issues requested for
modification and any condition impacted by the requested modification, including but
not limited to the approved flexibility.
709
IMPLEMENTATION
709.1
Following approval of an application by the Commission, the applicant may file an
application for a building permit with the proper authorities of the District of
Columbia.
709.2
The Zoning Administrator shall not approve a permit application unless the plans
conform in all respects to the plans approved by the Commission, as those plans may
have been modified by any guidelines, conditions, or standards that the Commission
may have applied.
709.3
The design review approval shall be treated as a whole. Specific flexibility or special
exception uses approved as part of the design review development shall not be
bifurcated without approval of the Zoning Commission.
709.4
The orders of the Commission issued in accordance with this chapter shall have all
the force of this title, and violations shall be prosecuted in accordance with the
provisions of A § 606 of this title.
710
DISMISSAL AND EXPIRATION
710.1
If an application for permit is not filed, construction has not started within the period
specified, or no extension is granted, the approval shall be deemed expired, the zoning
standards shall revert to the by-right regulations, and a design review approval shall not
be reinstated unless a new application is filed, processed, and approved in accordance
with this chapter.
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710.2
A design review application for which a public hearing has not been held before the
Zoning Commission within two (2) years from the date of the application being filed
with the Office of Zoning shall be deemed dismissed without prejudice.
710.3
All filing fees relative to a dismissed or expired application under this section shall be
non-refundable and not applicable to any future consideration of any case.
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CHAPTER 8 PLANNED DEVELOPMENTS
800
INTRODUCTION TO PLANNED DEVELOPMENTS
800.1
This chapter provides regulations and instructions for the planned development
process.
800.2
The purpose of the planned development process is to provide for higher quality
development through flexibility in building controls, including building height and
density, provided that the project offers a commendable number or quality of
meaningful public benefits and that it protects and advances the public health, safety,
welfare, and convenience.
800.3
Planned development cases are heard by the Zoning Commission and follow the
contested case procedures of A § Chapter 7.
800.4
Planned developments shall be one of the following types:
(a)
A planned project development (PPD), which is a project proposed without a
zone change; or
(b)
A planned unit development (PUD), which is a project proposed with a related
zone change. A PUD-related zone change is contingent upon a project being
built and operated under the conditions of approval.
800.5
Unless specified otherwise, use of the term planned development shall generally refer
to both planned project developments and planned unit developments.
800.6
A comprehensive public review by the Zoning Commission of the specific
development proposal is required in order to evaluate the urban design of the project
in proportion to the design flexibility requested and the public benefits offered in
proportion to the bonus density requested.
800.7
While providing for greater flexibility in planning and design than may be possible
under conventional zoning procedures, the planned development process shall not be
used to circumvent the intent and purposes of the Zoning Regulations, or to result in
action that is inconsistent with the Comprehensive Plan.
800.8
The Commission may approve a planned development application with or without
modifications. In carrying out the purposes of this chapter, the Commission may
establish general standards and, in individual cases, set standards and conditions for
height and bulk lesser or greater than the standards established for the affected
districts in this chapter or elsewhere in this title.
800.9
The Commission may also set appropriate time limits for benefits conferred under
this chapter to individual applicants in order to ensure the construction of a proposed
development in accordance with the conditions established. Failure of an applicant to
complete a proposed development as directed within the time limits set by the
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Commission or the Zoning Regulations shall result in the termination of the benefits
granted under the application, and reversion of the zoning controls to the pre-existing
regulations.
801
APPLICABILITY
801.1
Unless otherwise noted in the zone, the planned development process is available as
an optional process that may be applied for by a property owner.
801.2
The minimum area included within a proposed development application, including
the area of public streets or alleys proposed to be closed, shall be as follows:
801.3
(a)
A total of two (2) acres for a development located in any R zone; and
(b)
Fifteen thousand (15,000) square feet for a development located in any other
zone.
The Commission may waive not more than fifty percent (50%) of the minimum area
requirement of this section, provided that the Commission shall find one of the
following:
(a)
The development is a redevelopment project identified in an approved Small
Area Plan;
(b)
The development will be constructed or operated by the District or Federal
government and serves a compelling government interest; or
(c)
The development consists of at least eighty percent (80%) residential use.
801.4
All the property included in a planned development shall be contiguous, except that
the property may be separated only by a public street, alley, or right-of-way.
802
PLANNED DEVELOPMENT APPLICATION TYPES
802.1
A planned development request may be filed as one of the following:
802.2
(a)
A first stage application;
(b)
A second stage application; or
(c)
A consolidated application.
A first stage application involves a general review of the site’s suitability for any
proposed zone changes; the appropriateness, character, scale, mixture of uses, and
design of the uses proposed; and the compatibility of the proposed development with
city-wide, ward, and area plans of the District of Columbia, and the other goals of the
project.
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802.3
A second stage application is a detailed site plan review to determine compliance
with the intent and purposes of the first stage approval, and this title.
802.4
A consolidated application shall incorporate all information and material for both a
first and second stage application into one proceeding.
802.5
When the Commission considers whether to set a consolidated application for a
hearing, the Commission shall determine whether the application is sufficiently clear
and detailed to be considered at one proceeding.
802.6
The Commission reserves the right to direct an applicant to revise a consolidated
application into a two-stage application, if in the opinion of the Commission the
circumstances and issues surrounding the proposal require a two-stage review.
802.7
The Commission may dismiss or deny the application at the conclusion of the
presentation of the applicant’s case or at any point thereafter.
803
PLANNED DEVELOPMENT FLEXIBILITY
803.1
As part of the planned development process, the Zoning Commission may grant relief
from any building development standard or other any standard referenced in the zone
reference table with the exception of use regulations. Housing and Arts Credits are
considered use regulations and are not eligible for flexibility through the planned
development process.
803.2
The floor area ratio of all buildings shall not exceed the aggregate of the floor area
ratios as permitted in all zones included within the planned development area.
803.3
The Commission may increase total FAR on the site by no more than twenty percent
(20%). As part of the twenty percent (20%) increase, the Commission may increase
the FAR for non-residential uses by no more than thirty-four percent (34%) of the byright non-residential FAR permitted within the zone.
803.4
The amount of relief for all other standards is at the discretion of the Commission, but
must meet all of the standards of § 803.
803.5
A zone change requested as part of a planned unit development shall be considered
flexibility against which the Commission shall weigh the benefits of the PUD.
803.6
Any relief that would otherwise be processed as a special exception or variance may
be heard as a part of the planned development process. Such requests shall be
advertised, heard, and decided together with the planned development application for
Zoning Commission review and approval.
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804
PLANNED DEVELOPMENT PUBLIC BENEFITS
804.1
Each planned project development and planned unit development is required to
provide public benefits commensurate with the bonus density and flexibility
requested.
804.2
A majority of public benefits of the proposed planned development should relate to the
ANC in which the application is proposed.
804.3
Public benefits of the proposed planned development may be exhibited and
documented in any of the following or additional categories:
(a)
Superior urban design, and architecture;
(b)
Superior landscaping, or creation or preservation of open spaces;
(c)
Commemorative Works or Public Art;
(d)
Historic preservation of private or public structures, places, or parks;
(e)
Housing in zones that do not require housing or within non-residential FAR;
senior housing; and 3 or more bedroom units.
(f)
Affordable housing that exceeds that required by Subtitle B Chapter 18 in
terms of square footage or the depth of the household incomes targeted and
administered in full compliance with the Department of Housing and
Community Development administration, monitoring, and enforcement
standards and requirements.
(g)
Employment and training opportunities;
(h)
Social services and facilities for the duration of the planned development,
including but not limited to space dedicated for a day care or elderly care
facility, for the life of the building. The daycare must be available to the
general public and open during normal business hours at least five days each
week and 50 weeks each calendar year. The space for each child shall be
based on the requirement outlined in the Child Development Facilities
Regulations;
(i)
Building Space for special focus uses including, but not limited to, community
educational or social development, promotion of the arts or similar programs
deemed by the community to be worthy and not otherwise required by the
zone district, a grocery store larger than 25,000 square feet in areas where a
grocery store does not existing within a three mile radius, or incubation space
for small or local businesses;
(j)
Environmental and Sustainable benefits, including but not limited to:
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(1)
Storm water runoff controls in excess of those required by Stormwater
Management Regulations with a detailed justification and designs to
be reviewed and approved by DDOE;
(2)
Use of natural design techniques that store, infiltrate, evaporate, treat,
and detain runoff in close proximity to where the runoff is generated;
(3)
Garden(s) or on-site food production through permanent and viable
growing space and/or facilities such as a greenhouse or a garden
conservatory which provide fencing, watering systems, soil, secured
storage space for tools, solar access, and pedestrian access as
applicable. The facility shall be designed to be architecturally
compatible with the development and to minimize the visibility of
mechanical equipment;
(4)
Total Green Area Ratio scores that exceed requirements by at least 0.1;
(5)
The minimum standards for Leadership in Energy and Environmental
Design (LEED) Gold certification. The project does not have to
achieve actual LEED certification; however, the developer must
include the LEED checklist and documentation in the application,
approved by a LEED Accredited Professional (LEED-AP) that shows
that the project will comply with LEED requirements;
(k)
Streetscape Plans including implementation and maintenance of the
streetscape for the duration of the project for areas where there is no d;
(l)
Outdoor children's play area: A public, active, outdoor children's play area
that shall be secure, separated from parking and maneuvering areas, and
designed to facilitate adult supervision. The play area shall include play
equipment, installed to the manufacturer's specifications, or natural features
suitable for children in both preschool and elementary school. The play area
shall be a minimum of five hundred (500) square feet.
(m)
Park Maintenance Participation in the Department of Park and Recreation in
the “Adopt-a-Park Program” for the life of the development.
(n)
Play equipment in an existing park managed by the Department of Park and
Recreation (DPR); work with DPR to determine the equipment needed,
purchase and install the equipment to the manufacturer’s specifications;
(o)
Transportation infrastructure beyond that needed to mitigate any adverse
impacts of the application including, but not limited to dedication and/or
construction of a public street or alley; maintenance of a street median or
provision of a public easement for a pedestrian walkway that would not
otherwise be required,
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(p)
Mass transit improvements, including but not limited to location and funding
of a shared bike station, accommodation and/or construction of a Metro
station entrance; donate space to house a transit store to provide services such
the sale of SmarTrips cards, passes for students and seniors; bus and train
schedules; information on bike and car sharing programs etc.;
(q)
Uses of special value to the neighborhood or the District of Columbia as a
whole; and
(r)
Other public benefits and project amenities and other ways in which the
proposed PUD substantially advances the major themes and other policies and
objectives of any of the elements of the Comprehensive Plan.
804.4
Public benefits other than those listed above may be proposed to and considered by
the Zoning Commission.
804.5
All public benefits shall meet the following criteria:
(a)
Benefits shall be tangible and quantifiable items;
(b)
Benefits shall be measurable and able to be completed or arranged prior to
issuance of a Certificate of Occupancy;
(c)
Benefits may primarily benefit a particular neighborhood or area of the city or
service a critical city-wide need; and
(d)
Monetary contributions shall not be allowed.
805
HOUSING LINKAGE
805.1
A planned development application that proposes an increase in gross floor area
devoted to office space over and above the amount of office space permitted as a
matter of right under the zoning included as part of the planned development shall
comply with the housing linkage requirements of this section.
805.2
The housing linkage requirements of this section shall require the applicant to
produce or financially assist in the production of dwellings or multiple dwellings that
are affordable to low and moderate-income people; provided, that:
805.3
(a)
The quantity of low and moderate income housing that is required shall be
based upon the requested increase in office floor area ratio (FAR); and
(b)
No income limits shall apply to housing that is constructed on or adjacent to
the site of the planned development.
The applicant may either provide the required housing by means of new construction
or rehabilitation as specified in § 805.6, or may elect to make a financial contribution
as provided in § 805.7.
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805.4
The following exclusions and modifications shall apply:
(a)
Commercial floor area other than office space shall be excluded from these
computations for the proposed planned development; provided, that the
matter-of-right commercial density of the existing zone shall be reduced by
0.5 FAR to allow for normal retail use;
(b)
If the proposed planned development provides an amount of housing equal to
or greater than the housing that would be required under this section, no
additional housing shall be required;
(c)
No housing requirement pursuant to this section shall apply to a planned
development that is proposed for property located in a Downtown zone, or to
any planned development application filed by an agency of the federal
government, or the Washington Metropolitan Area Transit Authority
(WMATA).
(d)
An applicant may apply for a reduction or elimination of the housing required
under this section as part of a planned development application; provided the
Commission finds, after public hearing, that the reduced or eliminated housing
requirement is necessitated or justified by the project’s provision of public
benefits that are of exceptional merit and in the best interests of the city or the
country.
805.5
Qualifying residential uses by housing linkage shall include only uses in the
Residential use category.
805.6
If the applicant constructs or rehabilitates the required housing, the following
conditions shall apply:
(a)
The gross square footage of new or rehabilitated housing shall be based upon
the gross square footage of increased office space that the planned
development provides in excess of that allowed as a matter of right by the
zoning included in the planned development application; provided, that the
amount of housing required shall be as follows:
(1)
Not less than one-fourth (1/4) of the gross square feet of increased
office space if the required housing is part of the planned development
or is situated on adjacent property;
(2)
Not less than one-third (1/3) of the gross square feet of increased
office space if the location of the required housing does not comply
with subparagraph (1) of this paragraph, but is nonetheless within the
same Advisory Neighborhood Commission area as the planned
development, or if it is located within a Housing Opportunity Area as
designated in the Comprehensive Plan; and
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(3)
(b)
The applicant may construct or rehabilitate the housing units, or may secure
the housing production by other business arrangements, including but not
limited to, joint venture, partnership, or contract construction;
(c)
If the housing is provided as new construction, the average square feet of
gross floor area per dwelling or per apartment unit shall be not less than eight
hundred and fifty square feet (850 ft.2); provided; that no average size limit
shall apply to rooming houses, boarding houses, or units that are deemed
single-room occupancy housing;
(d)
For purposes of this section, the word “rehabilitation” means the substantial
renovation of housing for sale or rental that is not habitable for dwelling
purposes because it is in substantial violation of the Housing Regulations of
the District of Columbia (14 DCMR);
(e)
In the case of rental housing, the required housing shall be maintained as
affordable dwelling units for not less than twenty (20) years;
(f)
If the required housing is provided for home ownership, the Commission shall
have the authority to devise and adopt suitable provisions appropriate to each
case; provided, that:
(g)
805.7
Not less than one-half (1/2) of the gross square feet of increased office
space if the location of the required housing is other than as approved
in subparagraphs (1) and (2) above;
(1)
The provisions shall be consistent with the intent of the inclusionary
zoning regulations; and
(2)
The Commission shall consider whether to require the applicant to
legally mandate recapture of subsidy funds by the housing sponsor
from the home owner if the dwelling unit is sold to a person or
household that does not qualify as low or moderate income during a
twenty (20) year period after the original occupancy of the dwelling
unit, so that the housing sponsor may re-use the funds for other
affordable housing projects; and
No certificate of occupancy shall be issued for the office component of a
planned development that is subject to the provisions of this section until a
certificate of occupancy has been issued for the housing required pursuant to
this section.
As an alternative to constructing or rehabilitating the required housing as provided in
§ 805.6, the applicant may contribute funds to a housing trust fund; provided:
(a)
The contribution shall be equal to one-half (1/2) of the assessed value of the
increase in permitted gross floor area for office use;
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(b)
The assessed value shall be the fair market value of the property as indicated
in the property tax assessment records of the Office of Tax and Revenue as of
the date of the planned development application; and
(c)
The contribution shall be determined by dividing the assessed value per
square foot of land that comprises the planned development site by the
maximum permitted commercial FAR and multiplying that amount times the
requested increase in gross square feet proposed for office use.
805.8
If any housing exists on the development site and is to be removed in order to allow
construction of the planned development, the total assessed value of the housing
removed shall be added to the financial contribution as computed in § 805.7;
provided, that this provision shall apply to any housing removed beginning one (1)
year prior to the date of the planned development application.
805.9
Not less than one-half (1/2) of the required total financial contribution shall be made
prior to the issuance of a building permit for any part of the office component of the
planned development, and the balance of the total financial contribution shall be
made prior to the issuance of a certificate of occupancy for any part of the office
component of the planned development.
805.10
The Commission’s order granting a planned development that includes housing
linkage shall specify reporting, certification, and enforcement measures suitable in
each case to ensure that the requirements of this section are carried out.
805.11
A planned that is subject to the housing requirement of this section shall not be
relieved of the requirement to be found meritorious pursuant to the evaluation
standards in § 806.
805.12
The Office of Planning shall refer each application for a planned development subject
to the provisions of this section to the Department of Housing and Community
Development for an analysis of compliance with the housing requirements of this
section and a recommendation.
806
PLANNED DEVELOPMENT EVALUATION STANDARDS
806.1
The Commission will evaluate and approve, disapprove, or modify a planned
development application according to the standards of this section.
806.2
The applicant shall have the burden of proof to justify the granting of the application
according to these standards.
806.3
The Commission shall find that the proposed development:
(a)
Is not inconsistent with the Comprehensive Plan and with other adopted
public policies and active programs related to the subject site;
(b)
The specific public benefits and project amenities of the proposed development,
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which features may in some instances overlap, are not inconsistent with the
Comprehensive Plan or with other adopted public policies and active programs
related to the subject site;
(c)
Meets the general special exception criteria of C § 301.3,
(d)
Shall not result in acceptable project impacts on the surrounding area or on the
operation of city services and facilities but instead shall be found to be either
favorable, capable of being mitigated, or acceptable given the quality of
public benefits in the project..
806.4
In deciding a planned development application, the Commission shall judge, balance,
and reconcile the relative value of the project amenities and public benefits offered,
the degree of development incentives requested.
807
PLANNED DEVELOPMENT APPLICATION REQUIREMENTS
807.1
Each planned development application shall meet the requirements of this section
before it will be accepted by the Commission for processing.
807.2
No planned development application shall be processed until the application is
complete and all required fees are paid in accordance with the applicable fee
schedule.
807.3
A planned development application may include property of one or more owners.
The owner or owners may be public or private persons, corporations, agencies, or
other entities.
807.4
The name, address, and signature of each owner of property included in the area to be
developed, or of the owner’s authorized agent, shall be included in the planned
development application.
807.5
The application shall be filed on a form as may be designated from time-to-time by
the Office of Zoning or the Zoning Commission.
807.6
At least forty-five (45) calendar days prior to filing an application under this chapter,
the applicant shall mail written notice of its intent (NOI) to file the application to the
Advisory Neighborhood Commission for the area within which the property is
located and to the owners of all property within two hundred feet (200 ft.) of the
perimeter of the property in question.
807.7
The notice shall describe generally 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 shall also indicate the applicant’s availability to
discuss the proposed development with all interested and affected groups and
individuals.
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807.8
The applicant shall make all reasonable efforts to attend a duly noticed meeting of the
ANC during the forty-five (45) day notice period.
807.9
An application for planned development approval shall include the following:
(a)
A completed application form;
(b)
A map showing the location of the proposed project, the existing zoning for
the subject site, the zoning of adjacent properties;
(c)
A statement of the purposes and objectives of the project, including the
proposed form of development and a detailed statement elucidating how the
application meets the planned development evaluation standards of § 806;
(d)
A statement certifying to whom and in what manner the required NOI was
given. The applicant shall also indicate what meetings or discussions were
held with the community and the Office of Planning as well as any changes
that resulted from community input.
(e)
A detailed statement as to the uses to be located in the project, including the
location, number, size, and types of stores, offices, residential, institutional,
industrial, and other uses;
(f)
A detailed site plan, showing the location and external dimensions of all
buildings and structures, utilities and other easements, walkways, driveways,
plazas, arcades, and any other open spaces;
(g)
A detailed landscaping and grading plan, showing all existing contour lines,
including graphic illustration of grades exceeding fifteen percent (15%) in five
percent (5%) increments, landscaping to be retained, grades, planting, and
landscaping. The plan shall also show the proposed drainage for the site,
including the location of buildings, roads, sidewalks, water and sewer lines,
inlets, and basins, and connections to public water and sewer lines. Proposed
erosion control measures shall also be shown;
(h)
Typical floor plans and architectural elevations for each building, sections for
each building and the project as a whole, and sections and elevations of the
entire square within which the project is located;
(i)
A circulation plan, including the location of all vehicular and pedestrian
access ways and the location and number of all off-street parking spaces and
loading berths, including an indication of which spaces are designated for
which use;
(j)
The existing topography of the development area; the location of all major
natural features, including trees of eighteen-inch (18 inch) or greater; and the
location and elevations of public or private streets, alleys, or easements
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of-way or easements are to be continued, relocated, or abandoned;
(k)
A tabulation of development data showing the following:
(1)
The area and dimensions of each lot proposed for each building and the
exact area of the total site;
(2)
The percentage of lot occupancy of each building on each lot and the
total percentage of lot occupancy for all buildings on the entire site; and
(3)
The gross floor area and floor area ratio for each building on each lot,
including a break-down for each use, and the total gross floor area and
floor area ratio for all buildings on the entire site, including a breakdown
for each use; and
(l)
A detailed description of proposed public benefits with explanation of how
each benefits meets the requirements listed in § 804 as well as a tabulation of
the total public benefits points being achieved by the project.
(m)
Any other information needed to understand the unique character and
problems of developing the site.
808
PLANNED DEVELOPMENT PROCEDURES
808.1
The Commission shall refer all planned project development and planned unit
development applications to the D.C. Office of Planning, which shall report to the
Commission on whether the application is consistent with the purpose of the planned
development process, and whether or not a hearing should be held.
808.2
Following the receipt of the report from the Office of Planning, the Commission shall
review the application and determine whether a public hearing shall be granted. An
application may be denied without a hearing, but no application shall be granted
unless a public hearing is held.
808.3
If a public hearing is granted, the Office of Planning shall coordinate review of the
application and prepare an impact assessment of the project, which shall include
reports in writing from relevant District departments and agencies, including, but not
limited to, the Departments of Transportation and Housing and Community
Development, and, if a historic district or historic landmark is involved, the State
Historic Preservation Officer.
808.4
The Office of Planning shall report on the:
(a)
Suitability of the site for use as a planned development;
(b)
Appropriateness, character, scale, mixture of uses, and design of the uses
proposed for the proposed development, and other identifiable public benefits;
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(c)
Compatibility of the proposed development with the Comprehensive Plan and
the goals of the planned development process;
(d)
The quality of the urban design and site design of the proposed development;
(e)
Issues or concerns raised by the ANC or community members; and
(f)
Conformance with the planned development evaluation standards in § 806.
808.5
At the public hearing, the applicant shall carry the burden of justifying the proposal.
Failure of groups or persons to appear in opposition shall not relieve the applicant of
the responsibility of demonstrating the merits of the application.
808.6
At the public hearing, the applicant shall advise the Commission of the efforts that
have been made to apprise the affected Advisory Neighborhood Commission and
other individuals and community groups concerning the proposed development.
808.7
Prior to taking action on a PPD or proposed action on a PUD, the applicant shall
provide a detailed table identifying the final benefits and proffers and the flexibility
(BPF table) requested. The Commission retains the prerogative to withhold a
proposed or final vote pending submission of the BRF table
808.8
The Commission shall either approve, deny, or modify the application. The
Commission may also defer action if they determine the application is not ready for
action.
809
PLANNED DEVELOPMENT APPROVALS
809.1
A first stage approval of a planned development by the Commission shall be valid for
a period of two (2) years, unless a longer period is established by the Commission at
the time of approval, within which time application shall be filed for a building
permit.
809.2
A second stage approval of a planned development shall be valid for a period of two
(2) years, unless a longer period is established by the Commission at the time of
approval, within which time application shall be filed for a building permit.
809.3
In granting second-stage approval, the Commission may specify that the project be
built in stages and shall specify the timing of the stages.
809.4
Construction shall start within three (3) years of the date of final approval.
809.5
A planned project development, which does not include a change to the Zoning Map,
shall require only one vote of the Commission for approval for any stage application.
809.6
A planned unit development shall require both a proposed and final action vote of the
Commission for each stage or consolidated application.
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809.7
Previous approval of a planned project development or planned unit development
shall not be a binding precedent on a new application.
809.8
If no application for permit is filed, construction has not started within the period
specified, or no extension is granted, the approval shall expire, the zoning shall revert
to the pre-existing regulations and map, and the approval shall not be reinstated
unless a new application is filed, processed, and approved in accordance with this
chapter.
810
PLANNED DEVELOPMENT EXTENSIONS
810.1
An applicant may request an extension of the time periods in §§ 809.1 and 809.2 for
good cause shown upon the filing of a written request, before the expiration of the
approval, documenting the following:
810.2
(a)
The extension request is served on all parties to the application by the
applicant, and all parties are allowed thirty (30) days to respond;
(b)
There is no substantial change in any of the material facts upon which the
Commission based its original approval of the design review that would
undermine the Commission’s justification for approving the original design
review; and
(c)
The applicant demonstrates with substantial evidence one or more of the
following criteria:
(1)
An inability to obtain sufficient project financing for the planned
development, following an applicant’s diligent good faith efforts to
obtain such financing, because of changes in economic and market
conditions beyond the applicant’s reasonable control;
(2)
An inability to secure all required governmental agency approvals for
the planned development by the expiration date of the order because of
delays in the governmental agency approval process that are beyond
the applicant’s reasonable control; or
(3)
The existence of pending litigation or such other condition,
circumstance, or factor beyond the applicant’s reasonable control that
renders the applicant unable to comply with the time limits of the
order.
The Commission may:
(a)
Grant an extension subject to their determination that the applicant has
sufficiently evidenced compliance with the above criteria;
(b)
Grant an extension subject to their determination that the applicant has
sufficiently evidenced compliance with the above criteria, but with applicable
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conditions that the Commission concludes are in the public interest and will
expire with the issuance of a certificate of occupancy for the project; or
(c)
Deny an extension request at their sole discretion.
810.3
An applicant with an approved PPD or PUD may request no more than two
extensions. The first request for an extension may be approved by the Commission
for up to two years and the second request for an extension may be approved for no
more than one year.
810.4
A request for an extension of a PPD or PUD approval may not be filed sooner than
six months prior to the expiration of the order approving the planned development.
810.5
The Commission shall hold a public hearing on a request for an extension of the
validity of a PPD or PUD only if, in the determination of the Commission, there is a
material factual conflict that has been generated by the parties to the proceeding
concerning any of the criteria in § 810.1. The hearing shall be limited to the specific
and relevant evidentiary issues in dispute.
810.6
In the event an appeal is filed in a court of competent jurisdiction from an order of the
Commission, the time limitations of §§ 809.1 and 809.2 shall run from the decision
date of the court's final determination of the appeal. Unless stayed by the Commission
or a court of competent jurisdiction, an applicant may proceed pursuant to the order
of the Commission prior to any such final determination.
811
PLANNED DEVELOPMENT MODIFICATIONS
811.1
A modification to an approved PPD, PUD, or issued order may be requested subject
to the conditions of this section.
811.2
Modifications shall be considered as one of the following:
811.3
(a)
A minor modification, as defined in A § 605.4:
(b)
A modification of little or no consequence, which is a proposed change to an
approved element that was not a consideration of or significance to the
Commission in deciding the case;
(c)
A modification of consequence, which is a proposed change to a condition
cited by the Commission in the final order, or a redesign or relocation of
architectural elements and open spaces from the final design approved by the
Commission; or
(d)
A significant modification, which includes any other proposed modification.
The Zoning Administrator shall have the authority to approve minor modifications.
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811.4
In reviewing and approving any requested minor modification, the Zoning
Administrator shall determine that the proposed minor modification is consistent with
the intent of the Commission in approving the planned development.
811.5
A minor modification approved by the Zoning Administrator shall not be deemed
final until acknowledged by the Zoning Commission within thirty days after
notification from the Zoning Administrator of such minor modification approval.
811.6
The Commission and may determine that the minor modification approval is not
consistent with the intent of the Commission in approving the planned development
and shall consider the modification pursuant to section 811.8
811.7
Any requested modifications that cannot be approved by the Zoning Administrator
shall be submitted to and approved by the Commission.
811.8
The Commission shall determine the proposed modification as one of the following:
(a)
A technical correction or modification of little or no consequence, which may
be acted upon as a consent item with no public hearing;
(b)
A modification of consequence, which the Commission may consider by
proposed action with no additional public hearing; or
(c)
A significant modification, which shall meet the requirements for, and be
processed as, a second-stage application.
811.9
A public hearing on a request for a significant modification shall be focused on the
relevant evidentiary issues requested for modification and any condition impacted
by the requested modification, including but not limited to the approved flexibility
and public benefits.
812
IMPLEMENTATION
812.1
Following approval of an application by the Commission, the applicant may file an
application for a building permit with the proper authorities of the District of
Columbia.
812.2
The Zoning Administrator shall not approve a permit application unless the plans
conform in all respects to the plans approved by the Commission, as those plans may
have been modified by any guidelines, conditions, or standards that the Commission
may have applied.
812.3
The Zoning Administrator shall not approve a permit application unless the applicant
has recorded a covenant in the land records of the District of Columbia between the
owner or owners and the District of Columbia satisfactory to the Office of the
Corporation Counsel and the Zoning Administrator, which covenant will bind the
owner and all successors in title to construct on and use the property only in
accordance with the adopted orders, or amendments thereof, of the Commission.
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812.4
The orders of the Commission issued in accordance with this chapter shall have all
the force of this title, and violations shall be prosecuted in accordance with the
provisions of A § 606 of this title.
813
DISMISSAL AND EXPIRATION
813.1
A planned development for which a public hearing has not been held before the
Zoning Commission within two years from the date of when the Zoning Commission
set the case down for public hearing shall be deemed dismissed without prejudice.
813.2
For PPD and PUD applications that have received final approval from the Zoning
Commission, if no application for permit is filed, construction has not started within
the period specified, or no extension is granted, the approval shall expire, the zoning
shall revert to the pre-existing regulations and map, and the approval shall not be
reinstated unless a new application is filed, processed, and approved in accordance
with this chapter.
813.3
All filing fees relative to a dismissed or expired application under this section shall be
deemed non-refundable and non-applicable to any future consideration of any case.
814
ERRORS AND COSTS
814.1
When an additional notification is required to be mailed, posted or otherwise
advertised due to an error in the application or an error otherwise made by the
applicant, the cost of such mailing, posting or advertisement shall be borne by the
applicant and paid prior to the Office of Zoning distributing such notification.
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CHAPTER 9 GENERAL REZONING
900
INTRODUCTION TO GENERAL REZONING
900.1
This chapter provides regulations and instructions for the general rezoning process
900.2
The purpose of the general rezoning process is to:
(a)
Allow for the updating and maintenance of the Zone Map; and
(b)
Allow for rezoning of land in accordance with the Comprehensive Plan.
900.3
General rezoning cases are heard by the Zoning Commission and follow either the
rulemaking procedures or the contested case procedures of A § Chapter 7.
900.4
The general rezoning process is intended to allow for the rezoning of land without
reference to a specific development plan. General rezoning is an optional process
available city-wide.
900.5
A public review by the Zoning Commission of the proposal’s consistency with the
Comprehensive Plan and any Small Area Plans is required.
901
APPLICABILITY
901.1
The general rezoning process is available as an optional process that may be applied
for by public agencies or private persons or organizations.
901.2
For a general rezoning there are no minimum or maximum lot area requirements or
any requirement for contiguity of property.
902
GENERAL REZONING EVALUATION STANDARDS
902.1
The Commission will evaluate and approve, disapprove, or modify a general rezoning
application according to the standards of this section.
902.2
The applicant shall have the burden of proof to justify the granting of the application
according to these standards.
902.3
The Commission shall find that the proposed zone or zones are not inconsistent with
the Comprehensive Plan and with other adopted public policies and active programs
related to the subject site.
903
GENERAL REZONING APPLICATION REQUIREMENTS
903.1
Each general rezoning application shall meet the requirements of this section before it
will be accepted by the Commission for processing.
903.2
No general rezoning application shall be processed until the application is complete
and all required fees are paid in accordance with the applicable fee schedule.
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903.3
A general rezoning application may include property of one or more owners. The
owner or owners may be public or private persons, corporations, agencies, or other
entities.
903.4
The application shall be filed on a form as may be designated from time-to-time by
the Commission.
903.5
At least ten (10) calendar days prior to filing an application under this chapter, the
applicant shall mail written notice of its intent to file the application to any Advisory
Neighborhood Commissions for the area within which the property or properties are
located.
903.6
The applicant may mail notice to any other person or organization the applicant
determines appropriate to receive the notice.
903.7
At the time of filing the application, the applicant shall certify to whom and in what
manner the required notice was given.
903.8
An application for a general rezoning approval shall include the following:
(a)
A completed application form;
(b)
A map showing the location of the properties including, the existing zoning,
the zoning of adjacent properties, and all proposed changes of zoning;
(c)
A detailed description of the rezoning’s consistency with the Comprehensive
Plan and any other adopted public policies and active programs related to the
subject site.
904
GENERAL REZONING PROCEDURES
904.1
The Commission shall refer a rezoning application to the D.C. Office of Planning,
which shall report to the Commission on whether the application is consistent with
the purpose of the PUD process, and whether or not a hearing should be held.
904.2
Following the receipt of the report from the Office of Planning, the Commission shall
review the application and determine whether a public hearing shall be granted, as
well as whether the case will be heard as a contested case or a rulemaking per A §
Chapter 7. An application may be denied without a hearing, but no application shall
be granted unless a public hearing is held.
904.3
If a public hearing is granted, the Office of Planning shall coordinate review of the
application and prepare an impact assessment of the development potential of the new
zone, which shall include reports in writing from relevant District departments and
agencies, including, but not limited to, the Departments of Transportation and
Housing and Community Development, and, if a historic district or historic landmark
is involved, the State Historic Preservation Officer.
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904.4
The Office of Planning shall report on the:
(a)
Compatibility of the proposed zoning with the Comprehensive Plan and other
approved plans; and
(b)
Issues or concerns raised by the ANC or community members.
904.5
General rezoning cases are heard by the Zoning Commission and follow either the
rulemaking procedures or the contested case procedures of A § Chapter 7.
904.6
At the public hearing, the applicant shall carry the burden of justifying the proposal.
Failure of groups or persons to appear in opposition shall not relieve the applicant of
the responsibility of demonstrating the merits of the application.
904.7
The Commission may approve, deny, or modify the application.
904.8
A general rezoning approved by the Commission shall be effective upon issuance of a
final order.
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CHAPTER 10 CAMPUS PLANS AND SCHOOL PLANS
1000
INTRODUCTION TO CAMPUS AND SCHOOL PLAN CHAPTER
1000.1
This chapter provides procedures and regulations for campus plans and school plans
in the District.
1000.2
The provisions of this chapter apply to Education uses in Residential zones.
1000.3
The intent of regulating educational facilities is to:
(a)
Promote well planned and designed educational campuses;
(b)
Encourage long-term facilities planning for these uses;
(c)
Minimize negative impacts of campuses on surrounding residential areas; and
(d)
Provide consistency and transparency to the campus planning process.
1000.4
Campus plan and school plan cases are heard by the Zoning Commission and follow
the contested case procedures of A § Chapter 7.
1001
APPLICABILITY
1001.1
Reserved.
1002
SCHOOL PLAN GENERAL DESCRIPTION
1002.1
Reserved.
1003
SCHOOL PLAN REQUIREMENTS
1003.1
Reserved.
1004
SCHOOL PLAN PROCEDURES
1004.1
Reserved
1005
SCHOOL PLAN REVIEW STANDARDS
1005.1
Reserved.
1006
CAMPUS PLAN GENERAL DESCRIPTION
1006.1
Reserved.
1007
CAMPUS PLAN REQUIREMENTS
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1007.1
Reserved
1008
CAMPUS PLAN PROCEDURES
1008.1
Reserved.
1009
CAMPUS PLAN REVIEW STANDARDS
1009.1
Reserved.
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CHAPTER 11 AIRSPACE DEVELOPMENT
1100
INTRODUCTION TO AIRSPACE DEVELOPMENT
1100.1
This chapter provides regulations for developing air rights above public streets or
alleys (“airspace”) in the District of Columbia.
1100.2
Under § 5 of the District of Columbia Public Space Utilization Act, approved October
17, 1968 (D.C. Official Code § 10-1121.01 et seq.), the Zoning Commission shall,
after public hearing and after securing the advice and recommendations of the
National Capital Planning Commission, review and approve all air space
development.
1101
GENERAL RULES FOR AIRSPACE DEVELOPMENT
1101.1
No development of airspace may occur without approval of the Zoning Commission.
1101.2
The Zoning Commission shall determine the use to be permitted in the proposed
airspace consistent with regulations applicable to the abutting privately owned
property, including limitations and requirements respecting the height of any structure
to be erected in such airspace, off-street parking and development standards
applicable to such structure, and easements of light, air, and access.
1101.3
Airspace cases may be processed as a part of a design review, planned project
development, or planned unit development application and shall be subject to the
evaluation criteria and follow the procedures of the relevant chapter, except as
provided in this section.
1101.4
The Zoning Commission may impose any conditions or restrictions on airspace
development that it deems necessary to ensure:
(a)
Compatibility with surrounding private property;
(b)
Conformance with design review standards of § 703.2; and
(c)
No undue adverse impacts on the surrounding area
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CHAPTER 12 TEXT AMENDMENTS
1200
INTRODUCTION TO TEXT AMENDMENTS
1200.1
This chapter provides describes the rules, procedures, and application requirements
for requesting amendments to the text of the Zoning Regulations
1201
GENERAL RULES FOR TEXT AMENDMENTS
1201.1
Amendments to this title may be proposed by any of the following:
(a)
The owner of property for which amendments are proposed;
(b)
The Zoning Commission;
(c)
The National Capital Planning Commission;
(d)
The D.C. Office of Planning;
(e)
The Department of Housing and Community Development; or
(f)
Any other department of the District or federal government.
1202
TEXT AMENDMENT APPLICATION REQUIREMENTS
1202.1
Each zoning text amendment application shall meet the requirements of this section
before it will be accepted by the Commission for processing.
1202.2
No zoning text amendment application shall be processed until the application is
complete and all required fees are paid in accordance with the applicable fee
schedule.
1202.3
A zoning text amendment application may include property of one or more owners.
The owner or owners may be public or private persons, corporations, agencies, or
other entities.
1202.4
A description of the subject property or properties, including the lot and square of
each property, shall be included in the application.
1202.5
The application shall be filed on a form as may be designated from time-to-time by
the Commission.
1202.6
At least forty-five (45) calendar days prior to filing an application under this chapter,
the applicant shall mail written notice of its intent to file the application to the
Advisory Neighborhood Commission or Commissions for the area within which the
property or properties are located.
1202.7
The applicant may mail notice to any other person or organization the applicant
determines appropriate to receive the notice.
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1202.8
The notice shall describe generally the proposed change to the Zoning Map or current
zoning text and significant aspects of the proposal such as how this proposal is
consistent with the current D.C. Comprehensive Plan. The notice shall also indicate
the applicant’s availability to discuss the proposed development with all interested
and affected groups and individuals.
1202.9
Both the applicant and the Office of Planning shall make all reasonable efforts to
attend a duly noticed meeting of the affected ANCs during the forty-five (45) day
notice period.
1202.10
At the time of filing the application, the applicant shall certify to whom and in what
manner the required notice was given. The applicant shall also indicate what
meetings or discussions were held with the community and the Office of Planning as
well as any changes that resulted from community input.
1202.11
An application for text amendment approval shall include the following:
(a)
A completed application form;
(b)
A map showing the existing zoning and proposed zoning of the subject site, if A
statement of the purposes and objectives of this proposal and how it is
consistent with the guidance and direction in the current D.C. Comprehensive
Plan.
(c)
Any other information needed to understand the implications of this proposed
changes.
1203
TEXT AMENDMENT PROCEDURES
1203.1
The Zoning Commission shall adopt a form of application, and establish the number
of copies, the required supporting data to accompany each application, and the time
and manner of filing all applications.
1203.2
The Zoning Commission may amend the form of application, number of copies, the
required supporting data, and the time and manner of filing by announcing at a public
hearing and posting a notice of the change in the Office of Zoning without any
advance notice and without amending the provisions of this title.
1203.3
Before consideration of any proposed amendment to this title, the Zoning
Commission shall submit the proposed amendment to the D.C. Office of Planning for
opinion or report.
1203.4
If the Office of Planning fails to transmit its opinion or report to the Zoning
Commission within a period of forty-five days from the date of the submission, the
Zoning Commission may proceed to take final action on the proposed amendment.
1203.5
Before taking final action, the Zoning Commission shall hold a public hearing on the
proposed amendment in accordance with Subtitle A § Chapter 7.
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1203.6
Notice of the time and place of each public hearing shall be published at least once in
a daily newspaper or newspapers of general circulation in the District of Columbia at
least thirty (30) days in advance of the hearing.
1203.7
The hearing notice shall include a general summary of the proposed amendment to
this title.
1203.8
The Zoning Commission shall give additional notice of the hearing as it deems
feasible and practicable.
1203.9
The public hearing may be adjourned from time to time. If the time and place of the
adjourned hearing is publicly announced when the hearing is adjourned, no further
notice of the adjourned hearing needs to be published.
1203.10
Any amendment to this title shall require the favorable vote of not less than a
majority of the full membership of the Zoning Commission.
1204
IMPLEMENTATION
1204.1
A text amendment approved by the Commission shall be effective upon issuance of a
final order.
1204.2
If applicable, the Office of Zoning shall make the referenced changes to the official
Zoning Map and other public documents within 30 days of the final action by the
Commission.
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