303

303.1 Each application for approval of an air space development, including a modification with hearing, pursuant to Subtitle X, Chapter 7 shall meet the requirements of this section before it will be accepted by the Office of Zoning for processing.

303.2 No air space development application shall be processed until the application is complete and all required fees are paid in accordance with the applicable fee schedule prescribed in Subtitle Z, Chapter 16.

303.3 The application shall be filed on a form as may be designated by the Director.

303.4 At least forty-five (45) days, excluding any days that fall in the month of August, prior to filing an application under this chapter, including a modification with hearing, the applicant shall serve a written notice of intent (NOI) to file the application on the affected ANC and on the owners of all property within two hundred feet (200 ft.) of the perimeter of the property in question and on each lessee having a lease with the owner for all or part of any building located on the property involved in the application; however, in the case of a residential condominium or cooperative with twenty-five (25) or more dwelling units, notice may be provided to the board of directors of the association of the condominium or cooperative that represents all of the owners of the dwelling unit.

303.4 The NOI shall describe generally the proposed development, including the name of all owners of the property involved and the use, height, bulk, and other significant aspects of the proposal. The notice shall also indicate the applicant's availability to discuss the proposed development with all interested and affected groups and individuals.

303.5 The applicant shall make all reasonable efforts to attend a duly noticed meeting of the affected ANC during the forty-five (45) day notice period.

303.6 An application for air space development approval shall be made in an appropriate manner provided by the Director.

303.7 The applicant shall submit the following information electronically, and deliver two (2) sets of mailing labels containing the information in Subtitle Z § 303.8(n) below:

(a) A completed application form;

1. (b) A certified surveyor's plat of the subject property prepared by the Office of the Surveyor;
2. (c) A map showing the location of the proposed project, the existing zoning for the subject site, and the zoning of adjacent properties;
3. (d) A statement of the purposes and objectives of the project;
4. (e) A statement certifying to whom and in what manner the required NOI was given. The applicant shall also indicate what meetings or discussions were held with the Office of Planning, the affected ANC, and other individuals and community groups concerning the proposed development, as well as any changes that resulted from these meetings or discussions;
5. (f) A detailed statement as to the uses to be located in the project, including the location, number, size, and types of stores, offices, residential, institutional, industrial, and other uses;
6. (g) Architectural plans, a detailed site plan, showing the location and external dimensions of all buildings and structures, utilities and other easements, walkways, driveways, plazas, arcades, and any other open spaces;
7. (h) A detailed landscaping and grading plan, showing all landscaping to be retained, including trees of eighteen inch (18 in.) circumference or greater, proposed planting, and landscaping;
8. (i) Typical floor plans and architectural elevations for each building, sections for each building and the project as a whole, and sections and elevations of the entire square within which the project is located;
9. (j) A circulation plan, including the location of all vehicular and pedestrian access ways and the location and number of all off-street parking spaces and loading berths, including an indication of which spaces are designated for which use;
10. (k) A tabulation of development data showing the following:
11. (1) The area and dimensions of each lot proposed for each building and the exact area of the total site;

(2) The percentage of lot occupancy of each building on each lot and the total percentage of lot occupancy for all buildings on the entire site; and

(3) The gross floor area and floor area ratio for each building on each lot, including a break-down for each use, and the total gross floor area and floor area ratio for all buildings on the entire site, including a breakdown for each use;

(l) A table listing by-right development standards and identifying all areas of relief requested and the degree of such relief;

(m) A racial equity analysis relative to the Comprehensive Plan in compliance with the Zoning Commission's current Racial Equity Tool, which is available on the Office of Zoning's website;

(n) The names and addresses of the owners of all property located within two hundred feet (200 ft.) of the subject property and names and addresses of each lessee having a lease with the owner for all or part of any building located on the property involved in the application; however, in the case of a residential condominium or cooperative with twenty-five (25) or more dwelling units, notice may be provided to the board of directors of the association of the condominium or cooperative that represents all of the owners of the dwelling unit; and

(o) Any other information needed to understand the proposed project.

303.8 No application shall be accepted unless accompanied by a certificate of service demonstrating that a copy of the application and all accompanying documents have been served upon:

(a) The Office of Planning; and

(b) The affected ANC.

SOURCE: Final Rulemaking published at 63 DCR 2447, 3573 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 8596 (September 1, 2017); as amended by Final Rulemaking published at 71 DCR 009667 (August 2, 2024).