Section 11-1568. LIMITATIONS (CB/UT)

 

1568.1Except as provided in § 1568.2, constructing a building, accessory building, or an addition to a building, creating any impervious surface area, subdividing any unimproved lot, or subdividing any improved lot so as to increase the number of principal structures thereupon, shall only be permitted as a matter of right subject to the following tree removal limitations:

 

(a)No tree that has a circumference of seventy-five inches (75 in.) or more at a height of four and one-half feet (41/2 ft.) above ground may be removed, cut down, or fatally damaged;

 

(b)No more than three (3) trees that have a circumference of more than thirty- eight inches (38 in.) at a height of four and a half feet (41/2 ft.) above ground may be removed, cut down, or fatally damaged and none of these may be located within twenty-five feet (25 ft.) of any building restriction line or lot line abutting a public street; and

 

(c)The total circumference inches of all trees removed or cut down on a lot may not exceed twenty-five percent (25%) of the total circumference inches of all trees on the lot having a circumference greater than twelve inches (12 in.); provided, that this section does not abrogate the right to remove or cut down up to three (3) trees as provided in paragraph (b) of this subsection; or any tree having a circumference of twelve inches (12 in.) or less at a height of four and one-half feet (41/2 ft. ) above ground.

 

1568.2The prohibitions of § 1568.1 do not apply to the removal or cutting down of any dead or unhealthy tree or a tree that creates an unsafe condition. The need for removal of any tree shall be certified by a tree care professional certified by the International Society of Arboriculture.

 

1568.3A special exception under § 3104 must be obtained for a building permit for a lot on which trees were removed, cut down, or fatally damaged prior to July 30, 1999, if the removal, cutting, or damage:

 

(a)Would have been prohibited by § 1568.1; and

 

(b)Occurred within seven years of the application date.

 

1568.4The minimum lot area for dwellings within the CB/UT Overlay District shall be nine thousand, five hundred square feet (9,500 ft.2) for lots subdivided after July 30, 1999.

 

SOURCE Final Rulemaking published at 46 DCR 6246, 6248-49 (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, 8469-70 (October 20, 2000).

 

authority

The Zoning Commission for the District of Columbia (the “Commission”), pursuant to its authority under §§ 1, 3, and 8 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 798, and 799; D.C. Official Code §§ 6-641.01, 6-641.03, and 6-641.07).

source

Final Rulemaking published at 46 DCR 6246, 6248-49 (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, 8469-70 (October 20, 2000).