D.C. Mun. Regs. tit. 11, r. 11-D5202

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 11-D5202 - SPECIAL EXCEPTION CRITERIA FOR TREE PROTECTION

5202.1

Relief from the tree and slope protection requirements of Subtitle C, Chapter 4 may be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following requirements:

(a) Tree removal, grading, and topographical change shall be limited to the maximum extent possible, consistent with construction of a building permitted by the standards of this section;

(b) The applicant shall demonstrate that there are specific physical characteristics of the lot that justify the exception;

(c) The building and overall site plat of the lot for which the special exception is sought shall be generally consistent with the purpose of the R-1A/CBUT, R-1A/FH, R-1A/TS, R-1A/TS/NO, R-1B/FH, R-1B/TS, and R-2/FH zones and will not adversely affect neighboring property; and

(d) The Board of Zoning Adjustment may impose requirements as to design, appearance, tree protection practices during construction, buffering, and other requirements as it deems necessary to achieve the purposes of this section and may vary side and rear yard requirements in order to achieve the purposes of this section.

5202.2

Before taking action on an application, the Board of Zoning Adjustment shall submit the application to the following agencies for review and written reports:

(a) Office of Planning;

(b) District Department of Transportation, Urban Forestry Division;

(c) Department of Parks and Recreation;

(d) Department of Energy and Environment, Watershed Protection Division, Technical Services Branch; and

(e) National Park Service, U.S. Department of the Interior.

5202.3

An applicant for a special exception shall submit at least the following materials:

(a) A site plan for development, including computation and illustration of total lot occupancy and impervious surface ratio, and regulated trees proposed to be removed; and

(b) A plan and statement indicating how trees to be preserved on the lot will be protected during the construction period, including reference to proposed procedures to guard against long-term damage by such factors as soil compaction.

D.C. Mun. Regs. tit. 11, r. 11-D5202

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 70 DCR 11297 (8/25/2023)