Section 10-C402. APPROVAL WITHOUT A PUBLIC HEARING

 

402.1Upon receipt of a recommendation of approval from the Review Board or CFA, the Mayor's Agent may take any of the following actions without a public hearing, and without further public notice:

 

(a)When the application is for alteration or subdivision, or demolition of a non-contributing building or structure, if the Mayor's Agent finds the proposal consistent with the purposes of the Act, the Mayor's Agent shall approve the application and return it to DCRA with the approval indicated.

 

(b)When the application is for new construction, if the Mayor's Agent finds that the design of the building and the character of the historic landmark or historic district are not incompatible, the Mayor's Agent shall approve the application and return it to DCRA with the approval indicated.

 

(c)When the application is for preliminary review, if the Mayor's Agent finds it appropriate to issue a preliminary finding of compliance with the Act, the Mayor's Agent shall notify the applicant of this finding in writing.

 

402.2If the Mayor's Agent has made a preliminary finding of compliance with the Act, upon receipt of a final permit application from DCRA, the Mayor's Agent shall find either:

 

(a)That the final application is consistent with the approved preliminary application, in which case the Mayor's Agent shall approve the application and return it to DCRA with the approval indicated; or

 

(b)That the final application is not consistent with the approved preliminary application, in which case the Mayor's Agent shall refer the application to the Board or CFA as appropriate for further review.

 

402.3The Mayor's Agent may delegate to the staff the authority to approve applications consistent with the recommendations of the Board or the CFA.

 

source

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