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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-Y. BOARD OF ZONING ADJUSTMENT RULES OF PRACTICE AND PROCEDURE |
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Chapter 11-Y1. ADMINISTRATION |
Section 11-Y100. BOARD OF ZONING ADJUSTMENT JURISDICTION; AUTHORITY; POWERS
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100.1 This subtitle supplements procedures set out in the Zoning Act of 1938; the Civil Infractions Act; the Foreign Missions Act; the Zoning Regulations of the District of Columbia, Title 11 DCMR; and the D.C. Administrative Procedure Act, D.C. Official Code §§ 2-501 to 2-511.
100.2 This subtitle shall be effective on the effective date of this title, and applicable in its entirety to applications or appeals filed after that date with the Board of Zoning Adjustment for the District of Columbia, and to applications or appeals filed as of that date.
100.3 The Board, pursuant to § 8 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799, as amended; D.C. Official Code §§ 6-641.07(f) and (g)(2)-(3) (2012 Repl.)), shall have original jurisdiction to grant variances under Subtitle X, Chapter 10 and special exceptions under Subtitle X, Chapter 9, and to exercise all other powers authorized by the Zoning Act.
100.4 The Board, pursuant to § 8 of the Zoning Act, D.C. Official Code §§ 6-641.07(f) and (g)(1), shall also hear and decide zoning appeals where it is alleged by the appellant that there is error in any order, requirement, decision, determination, or refusal made by any administrative officer or body, including the Mayor, in the administration or enforcement of the Zoning Regulations, Title 11 DCMR.
100.5 The Board, pursuant to § 301 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42, as amended; D.C. Official Code § 2-1803.01 (2012 Repl.)) (Civil Infractions Act), shall entertain and decide appeals (civil infraction appeals) timely filed by persons aggrieved by orders issued by Administrative Law Judges pursuant to the Civil Infractions Act, or by the Mayor, involving infractions of subchapter 1 of Title 6 of the District of Columbia Official Code, 2012 Repl., pertaining to the height of buildings, or of the Zoning Regulations.
100.6 The Board, pursuant to § 206 of the Foreign Missions Act, approved August 24, 1982 (96 Stat. 282, 286; D.C. Official Code § 6-1306 (2012 Repl.)), shall have the authority to make determinations regarding the location, replacement, or expansion of chanceries in the R, RF, RA, MU-1, MU-2, MU-15, MU-16, and M-23 zones in the District of Columbia, and to hear and decide appeals of administrative decisions relating to a chancery based in whole or in part upon the Zoning Regulations and Zoning Map, subject to the procedures and criteria established in § 206 of the Foreign Missions Act, D.C. Official Code § 6-1306, and in the pertinent provisions of the Zoning Regulations, including Subtitle X, Chapter 2.