D.C. Mun. Regs. tit. 24, r. 24-304

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

Rule 24-304 - REVIEW OF SIDEWALK CAFE PERMIT APPLICATION

304.1

Prior to the Public Space Committee review of the application, the application shall be reviewed for compliance with all applicable laws, regulations, rules, and Mayor's orders by the agencies and persons listed in this section.

304.2

If the proposed sidewalk cafe is located within the "Shipstead Luce" or "Old Georgetown" areas, the applicant shall comply with the conditions of D.C. Code §§ 5-410 and 5-1101 et seq. (1981), and § 219 of chapter 2 of this title.

304.3

If the proposed sidewalk cafe is located within a "Historic District," or is attached to a "Historic Landmark" the application shall be referred to the Historic Preservation Review Board in accordance with D.C. Law 2-144, the "Historic Landmark and Historic District Protection Act of 1978."

304.4

The Director of Consumer and Regulatory Affairs shall forward copies of the application and the plan to the following agencies for the appropriate review:

(a) The Fire Chief, who shall determine whether the proposed sidewalk cafe provides a reasonable degree of safety for life and property from the hazards of fire and explosions in accordance with the D.C. Fire Code and § 313;

(b) The Police Chief, who shall determine whether the proposed sidewalk cafe will have an effect on the public safety and the policing procedures in the area;

(c) The Director, who shall determine whether the proposed sidewalk cafe may create an adverse effect on the pedestrian or vehicular traffic in the area, whether the proposed sidewalk cafe is in compliance with chapter 2 of this title, and whether the proposed sidewalk cafe is in compliance with the provisions of this chapter. The Director shall also approve the design of the proposed sidewalk cafe; and

(d) The Director of the Department of Consumer and Regulatory Affairs, who shall determine whether the proposed sidewalk cafe will adversely affect the public health and safety, and whether the proposed sidewalk cafe is in compliance with § 314.

304.5

The Director of Consumer and Regulatory Affairs shall review and preliminarily approve the necessary building permit and shall determine whether the structural adequacy and safety of the proposed construction, and the framing and materials of the proposed sidewalk cafe are in accordance with the provisions of this chapter and the applicable provisions of the D.C. Building Code. The Director of Consumer and Regulatory Affairs shall also verify the ownership of the adjacent property and whether the property is zoned for or has been granted a variance for the proposed use.

304.6

The Director shall forward one (1) copy of the plan to the following agencies and persons for their review and comments:

(a) The affected Advisory Neighborhood Commission;

(b) The public utility companies that operate or maintain equipment or service in the area beneath the proposed sidewalk cafe;

(c) The owner or occupants of the adjacent property; and

(d) The Office of Planning, which shall determine whether the proposed sidewalk cafe is in compliance with District planning and urban design objectives.

304.7

The persons, groups, and agencies listed in § 304.6 shall forward their comments to the Director within thirty (30) days of receipt of the plan and application. Failure to provide comments within the thirty-day (30) period shall result in the Director assuming that the non-responding agency or the non-responding person has no objections to the proposed sidewalk cafe.

304.8

Except for the Director, the agencies listed in § 304.4 shall forward their comments to the Director of Consumer and Regulatory Affairs within thirty (30) days of receipt of the plan and application. Failure to provide comments within the thirty-day (30) period shall result in the Director of Consumer and Regulatory Affairs assuming that the non-responding agency has no objections to the proposed sidewalk cafe. The Director of Consumer and Regulatory Affairs shall complete his or her review within the thirty-day (30) period.

304.9

The Director shall forward his or her comments, including a recommendation and the comments received pursuant to § 304.6, to the Director of Consumer and Regulatory Affairs within forty-five (45) days of receipt of the plan and application.

304.10

If a District agency or a utility company has objections or conditions that have not been resolved by the applicant prior to the end of the forty-five day (45) review period, the application and the plan shall be returned to the applicant for resolution of the objections or conditions.

304.11

When applicable, the applicant shall forward a revised plan and application to the Director of Consumer and Regulatory Affairs pursuant to § 303.

D.C. Mun. Regs. tit. 24, r. 24-304

Final Rulemaking published at 30 DCR 4346, 4351 (August 26, 1983)