D.C. Mun. Regs. tit. 11, r. 11-X201

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

Rule 11-X201 - CHANCERY USE CRITERIA

201.1

The Board of Zoning Adjustment shall determine whether to "not disapprove" or "disapprove" a chancery application according to the standards of this section.

201.2

A chancery shall be permitted in the medium-high density residential zones, high-density residential zones, and special purpose zones, subject to disapproval by the Board of Zoning Adjustment in accordance with the review standards of Subtitle X § 201.8.

201.3

For applications requesting to locate, replace, or expand a chancery in a low- to medium-density residence zone, before applying the criteria of Subtitle X § 201.8, the Board of Zoning Adjustment after a hearing on the application shall determine whether the proposed location is in a mixed-use area determined on the basis of existing uses, which includes office and institutional uses.

201.4

For the purposes of Subtitle X § 201.3 determination, the "area" shall be the area that the Board of Zoning Adjustment determines most accurately depicts the existing mix of uses adjacent to the proposed location of the chancery.

201.5

An area shall be considered to be a mixed-use area if as of the date of the application more than fifty percent (50%) of the zoned land within the area is devoted to uses other than residential uses as defined in Subtitle B, Chapter 2. Notwithstanding the foregoing, the Board of Zoning Adjustment may find that an area with less than or equal to fifty percent (50%) of non-residential uses is a mixed-use area upon a showing of non-residential uses as may be submitted by the applicant, Secretary of State, or the Mayor of the District of Columbia.

201.6

If the Board of Zoning Adjustment finds that the area is a mixed-use area, the Board of Zoning Adjustment shall then determine the merits of the application based on the criteria of Subtitle X § 201.8.

201.7

If the Board of Zoning Adjustment finds that the area is not a mixed-use area, the Board of Zoning Adjustment shall disapprove the application.

201.8

The Board of Zoning Adjustment's determination of the merits of all chancery applications shall be based solely on the following criteria:

(a) The international obligation of the United States to facilitate the provision of adequate and secure facilities for foreign missions in the Nation's Capital;

(b) Historic preservation, as determined by the Board of Zoning Adjustment. In carrying out this section, and in order to ensure compatibility with historic landmarks and districts, substantial compliance with District of Columbia and federal regulations governing historic preservation shall be required with respect to new construction and to demolition of or alteration to historic landmark;

(c) The adequacy of off-street parking or other parking and the extent to which the area will be served by public transportation to reduce parking needs, subject to such special security requirements as may be determined by the Secretary of State, after consultation with federal agencies authorized to perform protective services;

(d) The extent to which the area is capable of being adequately protected, as determined by the Secretary of State, after consultation with federal agencies authorized to perform protective services;

(e) The municipal interest, as determined by the Mayor of the District of Columbia; and

(f) The federal interest, as determined by the Secretary of State.

D.C. Mun. Regs. tit. 11, r. 11-X201

Final Rulemaking published at 63 DCR 2447 (9/6/2016)