D.C. Mun. Regs. tit. 11, r. 11-Y405

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

Rule 11-Y405 - REFERRALS TO AND REPORTS OF PUBLIC AGENCIES

405.1

The provisions of this section apply as follows:

(a) This section except for Subtitle Y § 405.8 applies in its entirety to all variance and special exception applications and all appeals; and

(b) Except for the provisions of Subtitle Y § 405.8, this section shall not apply to chancery proceedings.

405.2

The Office of Zoning shall refer all applications to the appropriate public agencies for review and comment within ten (10) days of the receipt of the application.

405.3

When an application is referred in advance of the public hearing on the application to any public agency for a report and recommendation, the report and recommendation of that agency shall be filed with the Board at least ten (10) days before the date set for the public hearing.

405.4

The Office of Planning shall report on the application's compliance with each element of the special exception standards specified in Subtitle X § 901 and of any special condition applicable to the special exception, and each element of the variance standards specified in Subtitle X § 1002.

405.5

The Board shall give "great weight" to the written report of the Office of Planning pursuant to D.C. Official Code § 6-623.04.

405.6

Upon the request of the Board, the Director shall notify the public agency of the required attendance of an agency representative at the public hearing.

405.7

The failure of an agency to provide a report does not prevent the Board from hearing and deciding an application.

405.8

The Office of Zoning shall make the following referrals:

(a) To the Office of Planning for review and comment, and shall specifically request a determination of the municipal interest;

(b) To the Secretary of State for review and comment, and shall specifically request a determination of the federal interest, special security requirements, and the extent to which the site is capable of being adequately protected, as set forth in Subtitle X §§ 202.1(a), (c), (d), and (f); and

(c) If the application would require the construction, demolition, or alteration of a building located in a historic district, the alteration or demolition of a historic landmark, or the construction of a building or structure on the site of a historic landmark, the application shall be referred to the Historic Preservation Review Board, and if the property is located in the Old Georgetown District as described in D.C Official Code § 6-1201 it shall also be referred to the Commission of Fine Arts for its review and report as to whether the substantive criteria of Subtitle X § 202.2 have been met.

D.C. Mun. Regs. tit. 11, r. 11-Y405

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