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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 11. ZONING REGULATIONS OF 2016 |
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SubTilte 11-X. GENERAL PROCEDURES |
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Chapter 11-X2. CHANCERY APPLICATIONS |
Section 11-X203. BOARD OF ZONING ADJUSTMENT REVIEW
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203.1 In addition to the procedures for a special exception case set forth in Subtitle Y, the following procedures apply to the review of chancery applications.
203.2 The consideration of an application submitted under this section shall be considered a rulemaking proceeding.
203.3 Any determination by the Board of Zoning Adjustment shall be based solely on the criteria in Subtitle X § 201.8.
203.4 The Board of Zoning Adjustment shall refer each application to the Office of Planning for review and comment. The Board of Zoning Adjustment shall specifically request a determination by the Mayor as to the municipal interest.
203.5 The Board of Zoning Adjustment shall refer each application to the United States Secretary of State for review and comment, and shall specifically request a determination of the federal interest, as set forth in Subtitle X § 201.8(f), special security requirements, as set forth in Subtitle X § 201.8(c), and the extent to which the site is capable of being adequately protected, as set forth in Subtitle X § 201.8(d).
203.6 If the application would require the construction, demolition, or alteration of a building located in a historic district, the alteration or demolition of a historic landmark, or the construction of a building or structure on the site of a historic landmark, the application shall be referred to the Historic Preservation Review Board, and if the property is located in the Old Georgetown District described in D.C. Official Code § 6-1201, it shall also be referred to the Commission of Fine Arts for the Historic Preservation Review Board and the Commission of Fine Arts to report as to whether the substantive criteria of Subtitle X § 201.9 have been met.
203.7 The Board of Zoning Adjustment may grant relief to the requirements of this title for chanceries in all zones, and may grant permission to construct improvements in the public space to be undertaken as part of a chancery application being reviewed by the Board of Zoning Adjustment, consistent with what is permitted under District law and in accordance with the procedures and standard of this chapter.
203.8 A final determination on a chancery application shall be published in the D.C. Register not later than six (6) months after the date a complete application is filed.
203.9 The Board of Zoning Adjustment’s determination shall not be subject to administrative proceedings of any other District agency.