D.C. Mun. Regs. tit. 11, r. 11-1520

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 11-1520 - SPECIAL EXCEPTIONS (FH/TSP)

1520.1

Any exception from the requirements of this FH/TSP Overlay, as distinct from the requirements of the underlying zoning district, shall be permitted only as a special exception, if approved by the Board of Zoning Adjustment after public hearing, under § 3104, and subject to the following requirements:

(a) Tree removal, grading, and topographical change shall be limited to the maximum extent possible, consistent with construction of a building permitted by the standards of the FH/TSP Overlay;

(b) The applicant shall demonstrate that there are specific physical characteristics of the lot that justify the exception;

(c) The excepted building and overall site plan of the lot shall be generally consistent with the purposes of the FH/TSP Overlay District and not adversely affect neighboring property; and

(d) The Board may impose requirements as to design, appearance, tree protection practices during construction, buffering, and other requirements as it deems necessary to achieve the purposes of this Section and may vary side and rear yard requirements in order to achieve the purposes of this Section.

1520.2

Before taking action on an application, the Board shall submit the application to the following agencies for review and written reports:

(a) D.C. Office of Planning;

(b) District Department of Transportation, Urban Forestry Division;

(c) D.C. Department of Parks and Recreation;

(d) D.C. Department of the Environment; and

(e) National Park Service, U.S. Department of the Interior.

1520.3

An applicant for a special exception shall submit at least the following materials:

(a) A site plan for development, including computation and illustration of total lot occupancy, impervious surface ratio, and regulated trees proposed to be removed; and

(b) A plan and statement indicating how trees to be preserved on the lot will be protected during the construction period, including reference to proposed procedures to guard against long-term damage by such factors as soil compaction.

D.C. Mun. Regs. tit. 11, r. 11-1520

Final Rulemaking published at 54 DCR 4835, 4842 (May 18, 2007)