D.C. Mun. Regs. r. 11-1002

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 11-1002 - BOARD OF ZONING ADJUSTMENT REVIEW
1002.1

To locate, replace, or expand a chancery in an R-5-D, R-5-E, or SP District or in the D Overlay District, or to reconstruct an existing chancery that is destroyed in an R-1, R-2, R-3, R-4, R-5-A, R-5-B, or R-5-C District, application shall be made to the Board of Zoning Adjustment.

1002.2

An application submitted in accordance with § 1002.1 shall be reviewed by the Board in accordance with this section and with the applicable requirements of the Board of Zoning Adjustment Rules of Practice and Procedure, chapter 31 of this title.

1002.3

The consideration of an application submitted under this section shall be considered a rulemaking proceeding.

1002.4

Any determination by the Board shall be based solely on the criteria in § 1001.

1002.5

The Board shall refer each application to the Mayor for review and comment. The Board shall specifically request a determination by the Mayor as to the municipal interest, as set forth in § 1001.7.

1002.6

The Board shall refer each application to the United States Secretary of State for review and comment. The Board shall specifically request a determination by the Secretary of State as to the federal interest, as set forth in § 1001.8; special security requirements, as set forth in § 1001.5; and the extent to which the area is capable of being adequately protected, as set forth in § 1001.6.

1002.7

When a chancery is located in an historic landmark or historic district and the use requires review and processing of new construction, demolition, or alteration pursuant to the Historic Landmark and Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law 2-144, as amended; D.C. Official Code §§ 6-1101 to 6-1115 (formerly codified at D.C. Code §§ 5-1001 to 5-1015 (1994 Repl. & 1999 Supp.))), the application shall be referred to the Historic Preservation Review Board, or the Commission of Fine Arts if required by D.C. Law 2-144, for report and recommendation to the Board of Zoning Adjustment.

1002.8

The Board of Zoning Adjustment shall make the final determination as to substantial compliance with D.C. Law 2-144 and the federal regulations governing historic preservation.

1002.9

The applicant shall submit sufficiently detailed plans to facilitate review by the Board of any proposed new construction, demolition, or alteration.

1002.10

A final determination on an application to locate, replace, or expand a chancery shall be made not later than six (6) months after the date of the filing of the application.

D.C. Mun. Regs. r. 11-1002

Final Rulemaking published at 30 DCR 3270, 3273 (July 1, 1983); as amended by: Final Rulemaking published at 36 DCR 6789, 6890 (September 22, 1989); Final Rulemaking published at 41 DCR 6623 (September 30, 1994); and Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8437-38 (October 20, 2000)