3936762 Zoning Commission Notice of Proposed Rulemaking: Case No. 12-06 (Amendment to eliminate the requirement of an Office of Planning report for certain types of antenna modifications)

ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

NOTICE OF PROPOSED RULEMAKING

Z.C. Case No. 12-06

(Text Amendment – 11 DCMR)

       (Amendment to eliminate the requirement of an Office of Planning report for certain types of antenna modifications)

 

The Zoning Commission for the District of Columbia, pursuant to its authority under § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 (2008 Repl.)), hereby gives notice of its intent to amend § 2711 of the Zoning Regulations (Title 11 DCMR).

 

The proposed amendments concern a requirement that the Zoning Administrator first receive a report from the Office of Planning or wait thirty (30) days, whichever occurs first, before taking final action on an applications pertaining to the installation of antenna towers, monopoles, or non-exempted antennas. The amendment would amend § 2711.1 to also require reports for applications to modify such installations and would add a new § 2711.4 to identify those modification for which no report is needed.

 

Final rulemaking action shall be taken in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.

 

The following amendment to the Zoning Regulations is proposed.

 

Title 11 DCMR, Chapter 27, REGULATIONS OF ANTENNAS, ANTENNA TOWERS, AND MONOPOLES, § 2711, OFFICE OF PLANNING REPORT, is amended as follows:

 

By amending § 2711.1 to insert the phrase “or modify” after the phrase “to permit” and to add a new second sentence to that the entire subsection reads as follows:

 

2711.1             The Zoning Administrator shall not take final action on an application to permit or modify an antenna tower, a monopole, or an antenna not exempted by § 2707, until a report is received from the Office of Planning or thirty (30) days have passed since the application was submitted to the director of the Office of Planning, whichever occurs first. This requirement does not apply to the modification described in § 2711.4.

 

By adding a new § 2711.4 to read as follows:

 

2711.4             A report from the Office of Planning is not required for the:

 

                        (a)        Modification of an existing antenna site, that involves a one-to-one replacement of antennas or an increase in the number of antennas for no more than five (5) antennas per mount or sector; provided that there would be no change to the permitted locations on roof tops or increase in the height of the antennas; or

 

         (b)        Installation or maintenance of antenna-related equipment cabinets and shelters consistent with the roof structure regulation.

 

All persons desiring to comment on the subject matter of this proposed rulemaking action should file comments in writing no later than thirty (30) days after the date of publication of this notice in the D.C. Register.  Comments should be filed with Sharon Schellin, Secretary to the Zoning Commission, Office of Zoning, 441 4^th Street, N.W., Suite 210-S, Washington, D.C. 20001.  Ms. Schellin may also be contacted by telephone at 202-727-6311 or by email at [e-mail]. Copies of this proposed rulemaking action may be obtained at cost by writing to the above address.