Section 10-C400. GENERAL PROVISIONS  


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    400.1The Mayor's Agent shall make the final determination on the approval or denial of applications for demolition, alteration, new construction, and subdivision subject to the Historic Protection Act (D.C. Official Code §§ 6-1104(e), 6-1105(f), 6-1106(e), and 6-1107(f)), and shall make preliminary determinations of compliance with the Act pursuant to D.C. Official Code § 6-1108.

     

    400.2The Mayor's Agent shall make these findings after having received and duly considered the recommendations from either the Review Board or the Commission of Fine Arts, or both, as appropriate.

     

    400.3The Mayor's Agent may make a preliminary or final determination without a public hearing, if not required by law. Any determination shall be made in accordance with this chapter.

     

    400.4If a public hearing is required by law, or the Mayor's Agent deems it appropriate to hold a public hearing, it shall be held in accordance with the provisions of this chapter and Chapter 30. As provided in § 104, the Mayor's Agent (Hearing Officer) may assume the duties of the Mayor's Agent for this purpose.

     

    400.5The Mayor's Agent shall take no action on applications for conceptual design review.

     

    400.6The following terms specifically applicable to this chapter are defined in Chapter 99:

     

    (a)Necessary in the public interest;

     

    (b)Consistent with the purposes of the Act;

     

    (c)Special merit;

     

    (d)Unreasonable economic hardship;

     

    (e)Low-income owner;

     

    (f)Design.

     

authority

D.C. Code §§ 6-1101 et seq., Mayor's Orders 79-50, 83-119, 2002-155.

source

Notice of Final Rulemaking published at 51 DCR 7447 (July 30, 2004).