1954955 Zoning Commission Notice of Proposed Rulemaking: Case No. 11-20 (Text Amendment - Zoning Map)
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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF PROPOSED RULEMAKING
Z.C. Case No. 11-20
(Text Amendment – Zoning Map)
The Zoning Commission for the District of Columbia (Commission), 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 § 106 of the Zoning Regulations (Title 11 DCMR). If adopted, the amendments would designate, as the official zoning map, the zoning map that is drawn and maintained on the Geographic Information System (GIS) located in the Office of Zoning.
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 rulemaking action is proposed:
Title 11 DCMR, chapter 1, THE ZONING REGULATIONS, § 106, ZONING MAP, is amended to read as follows:
106 ZONING MAP
106.1 The official Zoning Map of the District of Columbia shall be the zoning map that is drawn and maintained on the Geographic Information System, also known as “GIS,” located in the Office of Zoning effective on (THE EFFECTIVE DATE OF THIS AMENDMENT).
106.2 The official Zoning Map shall be published for public access on the Office of Zoning’s website.
106.3 REPEALED
106.4 Properties owned by the Government of the United States and used for, or intended to be used for, a Federal public building or use and properties owned by the Government of the District of Columbia in the Central Area (as set forth in D.C. Official Code § 2-1004(c) (2007 Repl.) (formerly codified at D.C. Code § 1-2004(c) (1999 Repl.)), are not included in any zone district.
106.5 Properties of the District of Columbia Government shall be subject to zoning; provided:
(a) Any governmental land or building uses that were either in existence or were substantially planned, documented, and invested in prior to May 23, 1990, shall not be subject to zoning;
(b) With regard to the properties referenced in paragraph (a) of this subsection, any change or expansion in the use of land or buildings or any new construction or additions to buildings shall be subject to zoning; and
(c) District of Columbia public buildings in the Central Area shall be exempt from zoning but shall continue to require approval of the National Capital Planning Commission, pursuant to § 5(c) of the National Capital Planning Act of 1952, approved July 10, 1952 (66 Stat. 781, 788; D.C. Official Code § 2-1004(c).
106.6 Properties acquired by the government of the United States and properties in the Central Area acquired by the government of the District of Columbia which are intended to be used for public building or use shall become automatically unzoned.
106.7 No building permit or certificate of occupancy shall be issued nor proceeding instituted before the Board of Zoning Adjustment, nor shall any property in private ownership be used for any purpose until after the Zoning Commission has designated zoning for the property, except for the water tower and related water utility facilities authorized by § 2523.
106.8 Zoning shall be designated after public hearing in the manner prescribed by 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 (2008 Repl.) (formerly codified at D.C. Code §§ 5-413 to 5-432 (1994 Repl. & 1999 Supp.))).
106.9 Nothing in this section shall prevent either of the following:
(a) Minor repairs and alterations to buildings and structures for which no building permit is required under the Construction Code (Title 12 DCMR); or
(b) A caretaker from residing on property formerly owned by the Government of the United States, or property in the Central Area formerly owned by the Government of the District of Columbia, for which zoning has not been designated, for the purpose of maintaining and preventing the deterioration of the premises.
106.10 The official Zoning Map and all explanatory material on the map shall be incorporated by reference and made a part of this title.
106.11 In addition to the official Zoning Map, a printable electronic summary extract of the official Zoning Map shall be prepared quarterly beginning July 1, 2012, published on the Office of Zoning’s website, and made available to the public for printing upon request.
106.12 The electronic summary extract of the official Zoning Map shall not supersede the official Zoning Map, but shall be prepared for the purpose of guidance only.
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 4th Street, N.W., Suite 200-S, Washington, D.C. 20001 (202-727-6311). Copies of this proposed rulemaking action may be obtained, at cost, by writing to the above address.