D.C. Mun. Regs. tit. 11-G, § 404
Special Exception Review Criteria
Effective Aug 25, 202370 DCR 011297Authority: § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797), as amended; D.C. Official Code § 6-641.01 (2018 Repl.), and pursuant to § 6 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1206; D.C. Official Code § 2 505(c) (2016 Repl.)). Source: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 7264 (July 28, 2017); as amended by Final Rulemaking published at 65 DCR 11490 (October 12, 2018); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 013125 (December 10, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023).District of Columbia, Office of the Secretary
404.1 In reviewing an application for a special exception in the MU-2/CAP, MU-4/CAP, and MU-4/CAP/CHC zones, in addition to the applicable criteria of this subtitle and of Subtitle X, Chapter 9, the Board of Zoning Adjustment shall consider whether the proposed development is:
- (a) Compatible with the present and proposed development of the neighborhood;
- (b) Consistent with the goals and mandates of the United States Congress in title V of the Legislative Branch Appropriation Act, 1976 (Master Plan for Future Development of the Capitol Grounds and Related Areas), approved July 25, 1975 (Pub. L. No. 94-59, 89 Stat. 288); and
- (c) In accordance with the plan promulgated under the Act.
404.2 Upon receipt of the application, the Board of Zoning Adjustment shall refer the application to:
- (a) The Architect of the Capitol for review and report; and
- (b) The Office of Planning for review, report, and impact assessment along with coordination of reviews in writing of all relevant District departments and agencies including:
- (1) The District Department of Transportation;
- (2) The Department of Housing and Community Development; and
- (3) The Historic Preservation Office if the application involves a historic district or historic landmark.
404.3 The Board may require special treatment and impose reasonable conditions as it deems necessary to mitigate any adverse impacts identified in the consideration of the application.
SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 7264 (July 28, 2017); as amended by Final Rulemaking published at 65 DCR 11490 (October 12, 2018); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 013125 (December 10, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023).