6139050 Zoning Commission Notice of Proposed Rulemaking: Case No. 16-08(Text Amendment - 11 DCMR: Continuation of Conforming Status of Certain Multiple Dwellings in Squares 2580, 2581, 2582, 2583, 2584, 2586W, 2587, and 2589)

ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

 

NOTICE OF PROPOSED RULEMAKING

Z.C. Case No. 16-08

(Text Amendment - 11 DCMR)

(Continuation of Conforming Status of Certain Multiple Dwellings in Squares 2580, 2581, 2582, 2583, 2584, 2586W, 2587, and 2589)

 

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), as amended; D.C. Official Code § 6-641.01 (2012 Rep1.)), hereby gives notice of its intent to amend Subtitle U, § 301.1 of the version of the Zoning Regulations that will become effective on September 6, 2016 (Title 11 DCMR, Zoning Regulations of 2016). The 2016 Regulations were adopted by the Commission through a Notice of Final Rulemaking published in Part II of the March 4, 2016 edition of the District of Columbia Register.  

 

The proposed amendment identifies the circumstances that a multiple dwelling in Squares 2580, 2581, 2582, 2583, 2584, 2586W, 2587, or 2589 will be deemed a matter-of-right use in the RF zone and the circumstances under which the building may be expanded.  In Z.C. Case No. 15-09, the Commission recently adopted a map amendment rezoning the properties from the current R‑5-B Zone District to the R-4 Zone District and re-designating the properties’ future zoning district from RA-2 to RF. Multiple dwellings are not permitted as a matter of right in either the current R-4 or the future RF zone.

 

Chapter 3, USE PERMISSIONS RESIDENTIAL FLATS (RF) ZONES, of Title 11-U DCMR, USE PERMISSIONS, is amended as follows:

 

§ 301, MATTER-OF-RIGHT USES (RF), § 301.1, is amended by adding a new paragraph (l) to read as follows (additions are shown in bold underlined text and deletions are shown in strikethrough text):

301.1               The following uses shall be permitted as a matter of right in an RF zone subject to any applicable conditions:

                        …

(j)                 Any uses permitted within a District of Columbia former public school building subject to the matter-of-right conditions of Subtitle U § 252; and

(k)                  Medical care uses.; and 

 

(l)         A multiple dwelling in Squares 2580, 2581, 2582, 2583, 2584, 2586W, 2587, or 2589, in existence as of December 14, 2015 with a valid certificate of occupancy, or a building permit application for a multiple dwelling that was officially accepted by DCRA as being complete prior to December 14, 2015, provided that the multiple dwelling shall not be expanded in gross floor area, lot occupancy, number of stories, building height, penthouse height, or number of units. Said multiple dwelling, however, may be repaired, renovated, remodeled, or structurally altered.

 

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

 

 

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, through the Interactive Zoning Information System (IZIS) at http://app.dcoz.dc.gov/Login.aspx; however, written statements may also be submitted by mail to 441 4^th Street, N.W., Suite 200-S, Washington, D.C. 20001; by e-mail to [e-mail]; or by fax to [phone].  Ms. Schellin may be contacted by telephone at [phone] or by email at [e-mail].  Copies of this proposed rulemaking action may be obtained at cost by writing to the above address.