Section 11-1906. SPECIAL EXCEPTIONS (ARTS)

 

1906.1The Board of Zoning Adjustment may grant exceptions under § 3104 from any of the requirements or limits of the ARTS District other than § 1901.6 based upon the following criteria; except that the Board shall apply criteria (c) and (d) only if relevant to the relief sought:

 

(a)The uses, buildings, or features at the size, intensity, and locations proposed, will substantially advance the purposes of the ARTS Overlay District and will not adversely affect neighboring property or be detrimental to the health, safety, convenience, or general welfare of persons living, working, or visiting in the area;

 

(b)Exceptional circumstances affecting the property make compliance with the requirements of this chapter difficult or impossible, or the development provides alternative public benefits in lieu of the excepted uses or features that are of comparable value to the public in achieving the purposes of this chapter and of the Comprehensive Plan;

 

(c)The architectural design concept of the project will enhance the urban design features of the immediate vicinity in which it is located; provided, if a historic district or historic landmark is involved, the Board shall refer the application to the State Historic Preservation Officer for review and report;

 

(d)Vehicular access and egress are located and designed so as to minimize conflict with principal pedestrian ways, to function efficiently, and to create no dangerous or otherwise objectionable traffic conditions; and

 

(e)The Board may impose requirements pertaining to design, appearance, signs, size, landscaping, and other such requirements as it deems necessary to protect neighboring property and to achieve the purposes of the ARTS Overlay District.

 

1906.2If a telephone exchange that existed on February 23, 1990 is thereafter destroyed, it may be rebuilt without compliance with the provisions of this chapter or chapter 20 of this title.

 

authority

The Zoning Commission for the District of Columbia (the “Commission”) pursuant to the authority set forth in section 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01).

source

Final Rulemaking published at 37 DCR 1392, 1401 (February 23, 1990); Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8494 (October 20, 2000); Final Rulemaking and Order No. 10-07 published at 57 DCR 7679, 7684 (August 20, 2010), as corrected by Errata Notice published at 58 DCR 4314, 4316 (May 20, 2011).