4311764 Zoning Commission Notice of Public Hearing: Case No. 13-06 (Text Amendments to Define and Regulate Retaining Walls in R-1 through R-4 Districts)  

  • ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

    NOTICE OF PUBLIC HEARING

     

    TIME AND PLACE:           Monday, July 15, 2013, @ 6:30 p.m.

    Jerrily R. Kress Memorial Hearing Room

    441 4th Street, N.W. Suite 220-S

    Washington, D.C.  20001

     

    FOR THE PURPOSE OF CONSIDERING THE FOLLOWING:

     

    CASE NO. 13-06 (Office of Planning - Text Amendments to Define and Regulate Retaining Walls in R-1 through R-4 Districts

     

     

    THIS CASE IS OF INTEREST TO ALL ANCs

     

    The Office of Planning (“OP”), in a report dated March 29, 2013, petitioned the Zoning Commission for the District of Columbia (“Zoning Commission” or “”Commission”) for text amendments to the Zoning Regulations to define and regulate retaining walls. The OP report also served as a prehearing statement. 

     

    At its regular public meeting held April 8, 2013 the Zoning Commission set the case down for a public hearing.

    The proposed amendments to the Zoning Regulations, Title 11 DCMR, are as follow:

     

    AMEND CHAPTER 1 by adding the following definition to § 199 in alphabetical order:

     

    Retaining Wall - a vertical, self-supporting structure constructed of concrete, durable wood, masonry or other material, designed to resist the lateral displacement of soil or other materials.  The term shall include concrete walls, crib and bin walls, reinforced or mechanically stabilized earth systems, anchored walls, soil nail walls, multi-tiered systems, boulder walls or other retaining structures.

     

    AMEND CHAPTER 4 by adding a new § 412, Retaining Walls, to read as follows:

     

    412      RETAINING WALLS

     

    412.1               In R-1, R-2, R-3, and R-4 Districts a retaining wall may be erected in accordance with § 412.2 through 412.7.

     

    412.2               A retaining wall may be erected within any required side or rear yard provided the retaining wall or structure does not exceed four feet (4 ft.) in height.

     

    412.3               A retaining wall taller than four feet (4 ft.) shall not be located in any required yard as measured from the property line inward, or along a street frontage.

     

    412.4               The maximum height of a retaining wall regardless of location shall be six feet (6 ft.). 

     

    412.5               A retaining wall four feet (4 ft.) or more in height that elevates the terrain and is back filled with dirt or other fill material shall be considered a structure, included in lot occupancy, and its area shall be as follows:

     

    412.6               The length of the retaining wall multiplied by the length of the area containing fill that is being held by the retaining wall.

     

    412.7               Retaining walls may be tiered or terraced provided there shall be a four foot (4 ft.) landscape area between walls.  The landscape area shall be pervious and may not be paved or otherwise covered.

     

     

    Proposed amendments to the Zoning Regulations of the District of Columbia are authorized pursuant to the Zoning Act of June 20, 1938, (52 Stat. 797), as amended, D.C. Official Code § 6-641.01, et seq.

     

    The public hearing on this case will be conducted as a rulemaking in accordance with the provisions of 11 DCMR § 3021.  Pursuant to that section, the Commission will impose time limits on testimony presented to it at the public hearing.

     

    All individuals, organizations, or associations wishing to testify in this case should file their intention to testify in writing.  Written statements, in lieu of personal appearances or oral presentations, may be submitted for inclusion in the record.

     

    Information should be forwarded to Sharon S. Schellin, the Secretary of the Zoning Commission, Office of Zoning, Suite 200-S, 441 4th Street, N.W., Washington, D.C., 20001.  Please include the number of this particular case and your daytime telephone number.  FOR FURTHER INFORMATION, YOU MAY CONTACT THE OFFICE OF ZONING AT (202) 727-6311.

     

    ANTHONY J. HOOD, MARCIE I. COHEN, ROBERT E. MILLER, PETER G. MAY, AND MICHAEL G. TURNBULL -------- ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA, BY SARA A. BARDIN, DIRECTOR, AND BY SHARON S. SCHELLIN, SECRETARY TO THE ZONING COMMISSION.