Article 59-D. Zoning Districts-Approval Procedures. Introduction. ** [Note]

   (a)   In certain zones, the developer must submit plans for approval, and development must be consistent with the approved plans. Article 59-C indicates under each zone which, if any, of these plans are required. These plans are of 4 kinds, as follows:

      (1)   Development plan. This is a plan submitted as a part of an application for the reclassification of land into the zone, and the approval of the application includes the approval of the plan. (See division 59-D-1.)

      (2)   Project plan for optional method of development.  This type of plan applies in the 6 “CBD” zones, the RMX zones and the MXTC zone* and the TOMX zones.  It is similar to a development plan, except that it is not a requirement for the approval of a rezoning application but a precondition for the use of the optional method of development.  (See Division 59-D-2.)

   *Editor’s note—The MXTC zone was included in this section as the result of an apparent drafting error in Ordinance No. 15-45.

      (3)   Site plan. In all of the zones requiring either of the above types of plans and also in certain other zones, a site plan, showing more detail, is also required as a precondition for the issuance of building permits. (See division 59-D-3.)

      (4)   Diagrammatic plan. This type of plan applies only in the MXN zone, and must be submitted as part of an application for the reclassification of land into the zone, and the approval of the application includes the approval of the plan. (See division 59-D-4.)

   (b)   Schematic development plan. In certain zones, a schematic development plan may be submitted as a part of the application for reclassification of the land, as provided in section 59-H-2.5, "Contents of Optional Method of Application-Local Map Amendments." Procedures for certification, filing and amendment of schematic development plans approved by the district council are specified in division 59-D-1, below.

The following table is provided for the convenience of the public, citing the appropriate sections of article 59-C and indicating the types of plans required in each zone. In the event of any conflict between this table and the provisions of article 59-C, the latter must govern.

Plan Approvals Required

Zone	Section Number	Development Plan (Division 59-D-1)	Project Plan Optional Method (Division 59-D-2)	Site Plan (Division 59-D-3)	Diagrammatic Plan (Division 59-D-4)
R-200	59-C-1.63			M
R-150				M
R-90				M
R-60				M
R-40				M
R-T 6.0				X
R-T 8.0				X
R-T 10.0				X
R-T 12.5				X
R-T 15.0				X
R-4 plex		X		X
R-30				M
R-20				M
R-10				M
R-H				X
R-MH		X		X
C-T				X
O-M				X
C-O				H
C-P				X
C-2				E
C-3				X
C-4				O
C-6				X
H-M				X
C-Inn		X		X
I-1				H
I-3				X
I-4				O
LSC				X
R&D				X
RS				X
RNC				O
LDRCDZ				X
Standard Method
-    CBD-0.5				M
-    CBD-R1				M
-    CBD-R2				M
-    CBD-1				M
-    CBD-2				M
-    CBD-3				M
-    RE-2/TDR				M
-    RE-2C/TDR				M
-    RE-1/TDR				M
-    R-200/TDR				M
-    R-150/TDR				M
-    R-90/TDR				M
-    R-60/TDR				M
-    RMX-1				M
-    RMX-1/TDR				M
-    RMX-2				M
-    RMX-2/TDR				M
-    RMX-3				M
MXTC	Sec. 59-C-11.3(a)			Optional method projects and certain standard method projects.
TMX-2				X
TOMX 2.0				X
Optional Method
-    RMX-3/TDR				M
-    CBD-0.5			X	X
-    CBD-R1			X	X
-    CBD-R2			X	X
-    CBD-1			X	X
-    CBD-2			X	X
-    CBD-3			X	X
-    RE-2/TDR				X
-    RE-2C/TDR				X
-    RE-1/TDR				X
-    R-200/TDR				X
-    R-150/TDR				X
-    R-90/TDR				X
-    R-60/TDR				X
-    RMX-1			X	X
-    RMX-1/TDR			X	X
-    RMX-2			X	X
-    RMX-2/TDR			X	X
-    RMX-2C			X	X
-    RMX-3			X	X
-    RMX-3/TDR			X	X
-    RMX-3C			X	X
P-D	59-C-7.19	X		X
MXN	59-C-7.79			X	X
MXPD		X		X
Town Sector		X		X
Planned Neighborhood		X		X
P-R-C		X		X
PCC		X		X
TS-R		X		X
TS-M		X		X
M-R-Rec.		X		X
TMX-2			X1	X
TOMX 2.0			X	X

 

      X-   Required.

      M-   Required only if optional regulations for MPDUs are used.

      H-   Required only if over 3 stories or 42 feet in height.

      N-   Required only if development exceeds FAR 0.25.

      O-   Required only for optional method of development.

      E-   Required only in accordance with certain provisions of the C-2 zone.

1   Projects that require subdivision plan approval are required to satisfy § 59-C-14.23(b)(2).

(Legislative History: Ord. No. 10-53, § 19; Ord. No. 11-7, § 1; Ord. No. 11-35, §§ 3, 4; Ord. No. 12-1, §1; Ord. No. 12-36, § 8; Ord. No. 12-44, § 2; Ord. No. 12-69, § 3; Ord. No. 12-79, § 6; Ord. No. 13-33, §2; Ord. No. 13-45, § 2; Ord. No. 13-50, § 3; Ord. No. 13-54, § 2; Ord. No. 13-70, §2; Ord. No. 13-94, §3[2]; Ord. No. 15-45, § 3; Ord. No. 15-56, § 3; Ord. No. 15-58, § 2; Ord. No. 15-86, § 2; Ord. No. 16-29, § 3.)

   Editor's note-Ord. No. 11-7, § 1, designated the opening paragraph of this Introduction as subsection (a), with existing subsections (a)-(c) redesignated (1)-(3). The section also added a new subsection (b) but failed to give subsection designations to the remaining two paragraphs, which have been retained with no subsection designations.  Section 2 amended a nonexistent § 59-D-1.63, "Approval by District Council." The amendment was actually to the final paragraph of this Introduction.  Subsequently, § 1 of Ord. No. 11-22 also amended the final paragraph of this Introduction without, however, taking into account the amendment effected by Ord. No. 11-7, § 2.  The provisions of both ordinances have been combined as they affect this Introduction.

 

Notes

[Note]

**Editor’s note—Ord. No. 15-63, § 7, states: Interim Guidelines.  Notwithstanding Section 59-D-3.9, inserted by this ordinance, until July 1, 2006, the Planning Board may adopt and rely on interim guidelines that are not submitted to the District Council, rather than regulations, to implement any provision of Division 59-D, as amended by this ordinance.  If the District Council has not acted by July 1, 2006, on any regulation submitted by the Planning Board before June 1, 2006, under this provision, any interim guideline which that regulation would replace may continue in effect until the District Council acts on that regulation.