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DISTRICT OF COLUMBIA LAND USE LAW OVERVIEW
David Avitabile January 2017
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Comprehensive Plan (Comp Plan)
Federal Elements District Elements Land Use Maps Citywide Policies and Goals Ward- or Area-Level Policies and Goals Small Area Plans Note: The Comprehensive Plan is not self-effectuating. It must be implemented through zoning and other legislative or regulatory actions.
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Zoning Regulations Zoning Commission
Sets broad policies through regulations and zoning map Approves certain large-scale projects (PUDs, campus plans) Board of Zoning Adjustment (BZA) Approves discrete deviations from the Zoning Regulations Hears appeals regarding the enforcement and administration of the Zoning Regulations Zoning Administrator (ZA) Reviews permits and certificates of occupancy for compliance with the Zoning Regulations Enforces the zoning regulations and zoning orders Note: Unlike most jurisdictions, the legislature (the D.C. Council) does not play a direct role in approving zoning changes or entitlements. The power is solely within the Zoning Commission.
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Major Zoning Processes
Matter of right – no zoning relief required. Proceed directly to building permit. BZA review – for variance relief and special exceptions. PUDs (Planned Unit Developments) – site-specific approvals for flexibility from the Zoning Regulations, including rezonings. Note: The PUD process is based on extensive community engagement, often led by the ANCs.
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Other Reviews Historic Preservation Review Board (HPRB) – for construction impacting historic landmarks and historic districts. Large Tract Review (LTR) – for certain large commercial developments and subdivisions Public Space Committee (PSC) – for approval of particular design elements and exceptions in public space (driveways, special materials and designs, utility vaults) Note: these reviews mean that even if a project is “matter of right” from a zoning perspective, it could require a review or approval that gives the ANC an opportunity to weigh in.
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