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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA TIME AND PLACE: Monday, February
5, 2001 @ 7:00 P.M., FOR THE PURPOSE OF CONSIDERING THE FOLLOWING: CASE NO. 00-29TA (Development Standards for Antenna Towers) THIS CASE IS OF INTEREST TO ALL ADVISORY NEIGHBORHOOD COMMISSIONERS: On October 6; 2000, the Office of Zoning received from the Office of Planning a recommendation to amend the text of the District of Columbia Municipal Regulation (DCMR), Title 11, Zoning. The purpose of the proposed amendments is to provide regulations that further define and guide the development of antenna towers in the District of Columbia. The proposed language to amend the Zoning Regulations is as follows: [Note: new language is indicated by bold print and underlining and deleted language is indicated by strike-through] Chapter 1, § 199 Definitions, shall be amended to read as follows: Antenna - a device used to transmit
or receive communication signals. This term encompasses transmitting and receiving
elements, Antenna Tower - a tower structure and any immediately related support and stabilizing elements, used for elevating and supporting antennas or for broadcasting radio and television signals. Chapter 2, RESIDENCE DISTRICT USE REGULATIONS, §211, ANTENNA, COMMERCIAL BROADCAST (R-1), shall be amended to read as follows: 211 ANTENNA AND ANTENNA TOWERS, COMMERCIAL BROADCAST (R-1) 211.1 Use as an antenna or antenna tower for commercial television and frequency modulation broadcasting to any height and in conjunction with the erection, alteration, or use of buildings for transmission or reception equipment on the same lot or elsewhere, shall be permitted in an R-1 district if approved by the Board of Zoning Adjustment in accordance with the conditions specified in § 3108 of chapter 31 of this title, subject to the provisions of this section. 211.2 The proposed location, height and other characteristics of the antenna or antenna tower shall not adversely affect the use of neighboring property. 211.3 The antenna or antenna tower shall be mounted in a location that minimizes to the greatest practical degree its visibility from neighboring property and from the adjacent public space, or is appropriately screened by landscaping or other techniques so as to soften or minimize the visibility of the antenna or antenna tower. 211.4 Each part of a ground-mounted commercial broadcast antenna, or antenna tower, including support system and guy wires, shall be removed a minimum of ten feet (10 ft.) from each lot line, or a distance of at least one-sixth of the mounted height of the antenna or antenna tower, whichever is greatest. Chapter 2. RESIDENCE DISTRICT USE REGULATIONS, §212, ANTENNA, COMMERCIAL BROADCAST (R-1), shall be amended to read as follows: 212 ANTENNA AND ANTENNA TOWERS, COMMERCIAL BROADCAST (R-1) 212.1 Use as an antenna or antenna tower, other than a commercial broadcast antenna or antenna tower, which is not permitted or approved pursuant to §201 of this title may be permitted as a special exception by the Board of Zoning Adjustment; provided the requirement in this section are met. Chapter 2, RESIDENCE DISTRICT USE REGULATIONS, §211, ANTENNA, COMMERCIAL BROADCAST (R-1), shall be amended to read as follows: 211.9 Before taking final action on an application for use as an antenna tower, the Board shall submit the application to the D.C. Office of Planning for review and report. The Office of Planning shall include in its report a review for consistency with the purposes set forth in § 2520.Chapter 5, SPECIAL PURPOSE DISTRICTS, §515, ANTENNA, OTHER THAN COMMERCIAL BROADCAST ANTENNA (SP), shall be amended to read as follows: 515.2 The proposed use, location and related conditions shall be consistent with the purposes set forth in §2520 and the requirements of §§ 514.2 through § 514.6, §514.8 and§514.10. Chapter 5, SPECIAL PURPOSE DISTRICTS, §530, HEIGHT OF BUILDINGS AND STRUCTURES (SP), shall be amended to read as follows: 530.3 Spires, towers, domes, pinnacles or minarets serving as architectural embellishments, penthouses over elevator shaft, ventilator shaft, roof-mounted antennas, chimneys, smokestacks or fire sprinkler tanks may be erected to a height in excess of that which this section otherwise authorizes but may not exceed the heights permitted by the Act of June 1, 1910 (36 Slat. 452). This section shall not apply to antenna towers. Chapter 6. MIXED USE DISTRICTS, §630, HEIGHT OF BUILDINGS AND STRUCTURES (CR), shall be amended as follows: 630.3 Spires, towers, domes, pinnacles or minarets serving as architectural embellishments, penthouses over elevator shaft, ventilator shaft, roof-mounted antennas, chimneys, smokestacks or fire sprinkler tanks may be erected to a height in excess of that which this section otherwise authorizes but not in excess of the heights permitted by the Act of June 1, 1910 (36 Stat 452). This section shall not apply to antenna towers. Chapter 7, COMMERCIAL DISTRICTS, §701, USES AS A MATTER OF RIGHT (C-1), shall be amended as follows: 701.6 (g) Antenna tower for television and radio broadcasting and in conjunction with the erection, alteration or use of buildings for transmission or reception equipment, provided the maximum height of any antenna tower, including any antennas mounted thereto, may not exceed that authorized by § 770.1 and each part of an antenna tower, including support systems and guy wires shall be removed a minimum distance equal to one-sixth (1/6) of the total height of the antenna tower from the front property line. Chapter 7, COMMERCIAL DISTRICTS, §704, USES SUBJECT TO BZA APPROVAL: GENERAL (C-1), shall be amended as follows: 704.1 The uses as specified in §§706 through Chapter 7, COMMERCIAL DISTRICTS, shall be amended by the addition of a new §712, ANTENNA TOWERS (C-1), to read as follows: 712 ANTENNA TOWERS (C-1) 712.1 Any antenna tower, whether ground or roof mounted, that is proposed at a height in excess of that authorized for the district in which it is proposed, shall be permitted as a special exception by the Board of Zoning Adjustment in accordance with the conditions specified by §3108 of chapter 31 of this title, and subject to the standards, criteria and procedures which apply to its particular class of antenna under §§514 or 515. Where required by the Act of June 1,1910 (36 Stat. 452), a height in excess of that permitted may be authorized by the Mayor, if determined to be in the best interest of the city. Evidence of approval by the Federal Aviation Administration and Federal Communications Commission shall be provided prior to review by the BZA. Such federal approval however, shall not be interpreted to preempt local regulations and reviews required under this or any other chapter of the District of Columbia Municipal Regulations, as amended. Chapter 7, COMMERCIAL DISTRICTS, §721, USES AS A MATTER OF RIGHT (C-2), shall be amended as follows: 721.2 (t) Radio and television broadcasting studio and antenna tower in conjunction with the studio, provided the maximum height of any antenna tower, including any antennas mounted thereto, may not exceed that authorized by §770.1 and each part of an antenna tower, including support systems and guy wires shall be removed a minimum distance equal to onesixth (1/6) of the total height of the antenna tower from the front property line. Chapter 7, COMMERCIAL DISTRICTS, §724, USES SUBJECT TO BZA APPROVAL: GENERAL (C-2), shall be amended as follows: 724.1 The uses as specified in §§726 through Chapter 7, COMMERCIAL DISTRICTS, shall be amended by the addition of a new §735, ANTENNA TOWERS (C-2), to read as follows: 735 ANTENNA TOWERS (C-2) 735.1 Any antenna tower, whether ground or roof mounted, that is proposed at a height in excess of that authorized for the district in which it is proposed, shall be permitted as a special exception by the Board of Zoning Adjustment in accordance with the conditions specified by § 3108 of chapter 31 of this title, and subject to the standards, criteria and procedures which apply to its particular class of antenna under §§ 514 or 515. Where required by the Act of June 1, 1910 (36 Stat. 452), a height in excess of that permitted may be authorized by the Mayor if determined to be in the best interest of the city. Evidence of approval by the Federal Aviation Administration and Federal Communications Commission shall be provided prior to review by the BZA. Such federal approval however, shall not be interpreted to preempt local regulations and reviews required under this or any other chapter of the District of Columbia Municipal Regulations, as amended. Chapter 7, COMMERCIAL DISTRICTS, shall be amended by the addition of a new §745, ANTENNA TOWERS (C-3), to read as follows: 745 ANTENNA TOWERS (C-3) 745.1 Any antenna tower, whether ground or roof mounted, that is proposed at a height in excess of that authorized for the district in which it is proposed, shall be permitted as a special exception by the Board of Zoning Adjustment in accordance with the conditions specified by § 3108 of chapter 31 of this title, and subject to the standards and procedures which apply to its particular class of antenna under §§ 514 or 515. Where required by the Act of June 1,1910 (36 Stat. 452), a height in excess of that permitted may be authorized by the Mayor, if determined to be in the best interest of the city. Evidence of approval by the Federal Aviation Administration and Federal Communications Commission shall be provided prior to review by the BZA. Such federal approval however, shall not be interpreted to preempt local regulations and reviews required under this or any other chapter of the District of Columbia Municipal Regulations, as amended. Chapter 7, COMMERCIAL DISTRICTS, shall be amended by the addition of a new §753.3, to read as follows: 753.3 Any antenna tower, whether ground or roof mounted, that is proposed at a height in excess of that authorized for the district in which it is proposed, shall be permitted as a special exception b the Board of Zoning Adjustment in accordance with the conditions specified by $ 3108 of chapter 31 of this title, and subject to the standards and procedures which apply to its particular class of antenna under §§514 or 515. Where required by the Act of June 1,1910 (36 Stat. 452), a height in excess of that permitted may be authorized by the Mayor if determined to be in the best interest of the city. Evidence of approval by the Federal Aviation Administration and Federal Communications Commission shall be provided prior to review by the BZA. Such federal approval however, shall not be interpreted to preempt local regulations and reviews required under this or any other chapter of the District of Columbia Municipal Regulations, as amended. Chapter 7, COMMERCIAL DISTRICTS, §770, HEIGHT OF BUILDINGS AND STRUCTURES (C), shall be amended as follows: 770.3 Spires, towers, domes, pinnacles or minarets serving as architectural embellishments, penthouses over elevator shaft, ventilator shaft, roof-mounted antennas, chimneys, smokestacks or fire sprinkler tanks may be erected to a height in excess of that which this section otherwise authorizes but not in excess of the heights permitted by the Act of June 1,1910 (36 Stat. 452). This section shall not apply to antenna towers. Chapter 7, COMMERCIAL DISTRICTS, §775, SIDE YARDS (C), shall be amended as follows: 775.5 No side yard shall be required for any other building or structure except as provided for in §775.6; but if a side yard is provided, it shall be at least two inches (2 in.) wide for each foot of height of building, but not less than six feet (6 ft.). Chapter 7, COMMERCIAL DISTRICTS, §775, SIDE YARDS (C), shall be amended by the addition of a new §775.6, to read as follows: 775.6 Each part of an antenna tower, including support systems and guy wires shall be removed a minimum of ten feet (10 ft.) from each lot line, or a distance of at least onesixth (1/6) of the mounted height of the antenna tower and any antennas attached thereto, whichever is greater. Chapter 25 MISCELLANEOUS ZONING REGULATIONS, shall be amended to read as follows: 2503 An antenna that complies with all other requirements of this title may occupy any side or rear yard that is required by any provision of this title. This section shall not apply to antenna towers. Proposed amendments to the Zoning Regulations and Map of the District of Columbia are authorized pursuant to the Zoning Act of June 20, 1938, (52 Stat. 797), as amended, and § 5-413 et seq., D.C. Code, (1994 Repl.). The public hearing on this case will be conducted in accordance with the provisions of § 3021 of the District of Columbia Municipal Regulations, Title 11, Zoning. Pursuant to that section, the Commission will impose time limits on testimony presented to it at the public hearing. All individuals, organizations, or associations wishing to testify in this case should file their intention to testify in writing 14 days prior to the hearing (January 22, 2000). Written statements, in lieu of personal appearances or oral presentations, may be submitted for inclusion in the record. Information should be forwarded to the Director, Offce of Zoning, Suite 210, 441 4th Street, N.W., Washington, D.C., 20001.- Please include the number of this particular case and your daytime telephone number. FOR FURTHER INFORMATION, YOU MAY CONTACT THE OFFICE OF ZONING AT (202) 727-6311. ANTHONY J. HOOD, CAROL J. MITTEN, KWASI HOLMAN, HERBERT M. FRANKLIN AND JOHN G. PARSONS -- ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA, BY JERRILY R. KRESS, FAIA, DIRECTOR AND ALBERTO P. BASITDA, AICP, SECRETARY TO THE ZONING COMMISSION. *Revisions in bold and italics |
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