Section 10-C401. STANDARDS FOR APPROVAL AND DENIAL

 

401.1In making a finding on demolition, alteration, or subdivision, the Mayor's Agent shall apply the standard that no permit shall be issued and no subdivision shall be admitted to record unless:

 

(a)Issuance of the permit or admission of the subdivision to record is necessary in the public interest, or

 

(b)Failure to issue a permit or admit the subdivision to record will result in unreasonable economic hardship to the owner.

 

401.2In making a finding on new construction, the Mayor's Agent shall apply the standard that the permit shall be issued unless:

 

(a)After due consideration of the zoning laws and regulations of the District of Columbia, the Mayor's Agent finds that the design of the building and the character of the historic district or historic landmark are incompatible;

 

(b)Provided, that in any case in which an application is made for the construction of an additional building or structure on a lot upon which there is presently a building or structure, the Mayor's Agent may deny a construction permit entirely upon finding that any additional construction will be incompatible with the character of the historic district or historic landmark.

 

401.3In making any determination, the Mayor's Agent shall consider the recommendations of the Review Board and Commission of Fine Arts, as applicable, giving due regard to their statutory role as advisors to the Mayor on the consistency of proposed work with the purposes of the Act.

 

401.4In making a determination that work is necessary in the public interest because it is consistent with the purposes of the Historic Protection Act, the Mayor's Agent shall apply the criteria in D.C. Official Code § 6-1101(b), also stated in § 2002. The Mayor's Agent shall consider all applicable criteria in making a determination, and shall find that all applicable criteria have been met for a determination of consistency.

 

source

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