D.C. Mun. Regs. tit. 24, r. 24-317

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

Rule 24-317 - PROCEDURE FOR WAIVER OR MODIFICATION OF STANDARDS

317.1

Pursuant to the provisions of this section, and except as required pursuant to § 317.2, the Public Space Committee, in its discretion, may waive or modify any provision of §§ 310.4, 312.1(d), 312.2, 312.3, 312.4, 312.5, 312.6, 312.7, and 316.6, and 311 and 314 if the waiver or modification does not pose or present any hazard or danger to the public safety, health, or welfare.

317.2

Pursuant to the requirements of this section, the applicant for an enclosed sidewalk cafe may request that the Public Space Committee waive or modify any provision of § 210 of chapter 2 of this title or any provision of §§ 303.2, 310.2, 310.3, 312.7, 316.2, 316.3, 316.4, 316.12, or 316.10 of this chapter when the following conditions are satisfied:

(a) The public good or the purpose of this chapter and of the Act are not substantially harmed;

(b) The waiver or modification has been reviewed pursuant to the provisions of § 304 of this chapter;

(c) The waiver or modification enhances the design of the sidewalk cafe, the general character of the street and the neighborhood, and the overall planning objectives for the area where the sidewalk cafe is located;

(d) The waiver or modification does not interfere with the design, visibility, or operations of the adjacent buildings or space, or the interest of the general public in the adjacent buildings or space;

(e) The waiver or modification does not cause an adverse impact on pedestrian or vehicular traffic;

(f) The primary objective of the waiver or modification is not to occupy additional public space or to increase the seating capacity of the sidewalk cafe; or

(g) The strict application of the provision requested to be waived would result in exceptional practical difficulty due to the shape, topography, or other conditions of a particular property, or would result in undue hardship.

317.3

The Public Space Committee shall consider and decide whether to grant or deny the request for a waiver or modification pursuant to § 317.2 after a hearing conducted pursuant to § 109 of the D.C. Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1208, D.C. Code § 1-1509 (1981)), and pursuant to the rules and procedures of chapter 10 of Title 18 DCMR.

317.4

The applicant shall post a notice of the Public Space Committee hearing date, time, and location at least fifteen (15) days prior to the hearing.

317.5

The notice required under § 317.4 shall be posted according to the provisions of § 303.4 of this chapter.

317.6

The request for a waiver or modification shall be filed with the Director of Consumer and Regulatory Affairs, and shall be considered by the persons and the District agencies pursuant to the time frames and provisions of this chapter, except that the Director of Consumer and Regulatory Affairs may waive, when appropriate, any provision of § 303 of this chapter.

317.7

The request for a waiver or modification shall be in writing and shall state the reason why the waiver or modification is requested.

317.8

When possible, an applicant shall request waiver or modification of the original application filed with the Director of Consumer and Regulatory Affairs.

317.9

If a Sidewalk Cafe Permit was issued prior to August 26, 1983, the applicant shall request the waiver or modification on or before March 16, 1984, and pursuant to § 317.2.

317.10

If a Sidewalk Cafe Permit was issued prior to August 26, 1983, the applicant shall request the waiver or modification on or before November 26, 1984, and pursuant to § 317.1.

317.11

A request for a waiver or modification shall not operate as a stay on the requirements of the Act or this chapter.

317.12

At least fifteen (15) days prior to the hearing, the Public Space Committee shall notify the affected Advisory Neighborhood Commission, the adjacent property owners or occupants, and any other person who has submitted a written letter of support of or opposition to the proposed sidewalk cafe or to the waiver or modification.

317.13

The Department may intervene in any hearing conducted pursuant to this section, or may recommend to the Public Space Committee whether the request for a waiver or modification shall be granted.

317.14

The Public Space Committee shall issue a decision on a request for a waiver or modification within four (4) months of date the request for waiver or modification was filed with the Director of Consumer and Regulatory Affairs.

D.C. Mun. Regs. tit. 24, r. 24-317

Final Rulemaking published at 30 DCR 4346, 4363 (August 26, 1983)