D.C. Mun. Regs. tit. 11, r. 11-1569

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

Rule 11-1569 - SPECIAL EXCEPTIONS (CB/UT)

1569.1

Any exception from the requirements of this chapter shall be permitted only as a special exception, if approved by the Board of Zoning Adjustment after public hearing, in accordance with the conditions specified in § 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 this section;

(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 CB/UT 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.

1569.2

Before taking final 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) D.C. Department of Transportation, Tree Management Administration;

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

(d) D.C. Department of Consumer and Regulatory Affairs, Soil Erosion and Storm Management Branch; and

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

1569.3

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 and 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 log-term damage by such factors as soil compaction.

D.C. Mun. Regs. tit. 11, r. 11-1569

Final Rulemaking published at 46 DCR 6246, 6249-50 (July 30, 1999); 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, 8470 (October 20, 2000)