D.C. Mun. Regs. tit. 11, r. 11-1400

Current through Register Vol. 71, No. 50, December 13, 2024

Rule 11-1400 - GENERAL PROVISIONS (RC)

1400.1

The Reed-Cooke (RC) Overlay District shall be applied to the portions of Squares 150, 2557, 2558, 2560, 2562, 2563, 2566, 2567, and 2572 in the Reed-Cooke Special Treatment Area, as defined in the Comprehensive Plan, 10 DCMR § 1127, that are zoned nonresidentially as of January 1, 1989.

1400.2

The purposes of the RC Overlay District shall be to:

(a) Implement the objectives of the Reed-Cooke Special Treatment Area, which are to:

(1) Protect current housing in the area and provide for the development of new housing;

(2) Maintain heights and densities at appropriate levels; and

(3) Encourage small-scale business development that will not adversely affect the residential community;

(b) Ensure that new nonresidential uses serve the local community by providing retail goods, personal services, and other activities that contribute to the satisfaction of unmet social, service, and employment needs in the Reed-Cooke and Adams-Morgan community;

(c) Protect adjacent and nearby residences from damaging traffic, parking, environmental, social, and aesthetic impacts; and

(d) Ensure the preservation and adaptive reuse of the First Church of Christ Scientist building located on Lot 872 of Square 2560, through a planned unit development process.

1400.3

The RC Overlay District and the underlying commercial and residential zone districts shall together constitute the zoning regulations for the geographic area identified in § 1400.1.

1400.4

Where there are conflicts between this chapter and the underlying zone district, the more restrictive regulations shall govern.

1400.5

In addition to other applicable provisions of this title, the requirements of this chapter shall apply to:

(a) All new construction;

(b) All additions, alterations, or repairs that, within any eighteen (18) month period, exceed in cost fifty percent (50%) of the assessed value of the structure as set forth in the records of the Office of Tax and Revenue on the date of the application for a building permit;

(c) Any use that requires a change in the use listed on the owner's or lessee's certificate of occupancy; and

(d) Any existing use that requires a new permit from the Alcoholic Beverage Control Board.

1400.6

If there is a dispute between the property owner and the Zoning Administrator about the cost pursuant to § 1400.5(b), the cost shall be determined by the average of the estimates furnished by three (3) independent qualified contractors selected in the following manner:

(a) The first shall be selected by the owner;

(b) The second shall be selected by the Zoning Administrator; and

(c) The third shall be selected by the first two (2) contractors.

1400.7

The estimates provided for by § 1400.6 shall be prepared and submitted according to a standard procedure and format established by the Zoning Administrator.

1400.8

The cost of estimates shall be at the expense of the property owner.

D.C. Mun. Regs. tit. 11, r. 11-1400

Final Rulemaking published at 38 DCR 2386 (April 26, 1991); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8447-48 (October 20, 2000); as corrected by Errata Notice published at 58 DCR 4314, 4315 (May 20, 2011); as amended by Final Rulemaking published at 60 DCR 3635 (March 15, 2013)

Authority: The Zoning Commission for the District of Columbia (the "Commission"), pursuant to its authority under § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 (2008 Repl.)).