701. GENERAL RULES FOR AIRSPACE DEVELOPMENT

GENERAL RULES FOR AIRSPACE DEVELOPMENT No development of airspace may occur without approval of the Zoning Commission. The Zoning Commission shall determine the use to be permitted in the proposed airspace consistent with regulations applicable to the abutting privately owned property, including limitations and requirements respecting the height of any structure to be erected in such airspace, off-street parking and development standards applicable to such structure, and easements of light, air, and access. Airspace cases may be processed as a part of a design review, PUD, or project-specific rezoning application and shall be subject to the evaluation criteria and follow the procedures of the relevant chapter, except as provided in this section. The Zoning Commission may impose any conditions or restrictions on airspace development that it deems necessary to ensure: Compatibility with surrounding private property; The accessibility of the public to traverse as appropriate the public space; A high quality design of any building, landscape or public realm; Appropriate treatment and protection of viewsheds; and No undue adverse impacts on the surrounding area. SOURCE: Final Rulemaking published at 63 DCR 2447, 3454 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Procedures 11-X DCMR § 701