Section 11-2200. AUTHORITY TO REQUIRE LOADING FACILITIES

 

2200.1All buildings or structures erected on or after May 12, 1958 shall be provided with loading berths, loading platforms, and service/delivery loading spaces to the extent specified in § 2201, except as provided in § 2202 and for structures erected on Kingman and Heritage Islands for which the construction of service delivery loading spaces shall be prohibited.

 

2200.2No application for a building permit for a building or structure to be erected on or after May 12, 1958 shall be approved unless there is included with the plans for the building or structure a loading plan showing the location, dimensions, and grades of all loading berths, loading platforms, and service/delivery loading spaces and approaches thereto in accordance with the provisions of this chapter.

 

2200.3No certificate of occupancy shall be issued for the use of a building or structure erected on or after May 12, 1958, unless the required loading berths, loading platforms, and service/delivery loading spaces have been provided in accordance with the loading plan provided for in the approved building permit.

 

2200.4Except as provided in § 2200.5, when the use of a building or structure is changed to another use that requires more loading berths, loading platforms, or service/delivery loading spaces than required for the use existing immediately prior to the change or, if the building or structure is vacant, the use that existed immediately prior to the vacancy, loading berths, loading platforms, and service/delivery loading spaces shall be provided for the additional requirement in the amount necessary to conform to § 2201.

 

2200.5No additional loading berths, loading platforms, or service/delivery loading spaces shall be required for a historic landmark or a building or structure located in a historic district that is certified by the State Historic Preservation Officer as contributing to the character of that historic district.

 

2200.6When the intensity of use of a building or structure existing before May 12, 1958 is increased by an addition or additions of dwelling units, gross floor area, seating capacity, or other unit of measurement specified in § 2201, loading berths, loading platforms, and service/delivery loading spaces shall be provided for the addition or additions; provided, that the provisions of §§ 2200.7 through 2200.9 are satisfied.

 

2200.7Loading berths, loading platforms, and service/delivery loading spaces shall not be required for the addition or additions unless the addition or additions increase the intensity of use of the building or structure by more than twenty-five percent (25%) of the aggregate.

 

2200.8Loading berths, loading platforms, and service/delivery loading spaces for the addition of additions need not exceed the amount of loading berths, loading platforms, and service/delivery loading spaces that would be required for the entire structure as proposed if constructed new.

 

2200.9The determination of the increase of intensity of use shall be based on the total increase in intensity of use the structure undergoes on or after May 12, 1958, and whether the total increase occurs at one time or in successive stages.

 

authority

Unless otherwise noted, the authority for this chapter is the Zoning Act of 1938, approved June 20, 1938 (52 Stat.797 as amended; D.C. Official Code §§ 6-641.01 to 6-641.15 (2001) (formerly codified at D.C. Code §§ 5-413 to 5-432 (1994 Repl. & 1999 Supp.))).

source

Final Rulemaking published at 31 DCR 6585, 6611 (December 28, 1984); 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, 8505-06 (October 20, 2000); as amended by Final Rulemaking published at 55 DCR 2623 (March 14, 2008).