Section 1-306.02 - Mayor to submit proposed Land Use Element and map; submission of amendments to District elements of comprehensive plan; specifications; approval

Mayor to submit proposed Land Use Element and map; submission of amendments to District elements of comprehensive plan; specifications; approval

(a) The Mayor of the District of Columbia shall transmit to the Council of the District of Columbia, on or before the date of the 1st regularly scheduled legislative session in September 1984, a proposed District Land Use Element for inclusion in the Comprehensive Plan for the National Capital and a generalized land use map or a series of maps, which includes a generalized land use map, representing the land use policies set forth in the proposed Land Use Element. At the time of the submission to the Council of the District of Columbia of the proposed Land Use Element and the generalized land use map representing the land use policies set forth in that element, proposed amendments to the rest of this part shall be submitted to the Council of the District of Columbia to conform the language in this part to ensure consistency with the Land Use Element and with the generalized land use map.

(b) The Mayor shall transmit 4 generalized land use maps to the Council within 90 days of May 23, 1990. The maps transmitted under this subsection shall conform to the requirements of sections 1136(a) through (h) of title 11 of section 3 of this part (“Land Use Element of the Comprehensive Plan”), be printed at a scale of 1,200 feet to 1 inch, use standardized colors for planning maps, and include a street grid and other minor changes in format or design intended to improve the readability or understanding of the adopted policies. The Council shall hold a public hearing to determine if the maps transmitted under this subsection conform to the maps adopted under sections 1136(a) through (h) of the Land Use Element of the Comprehensive Plan. If the Council determines that a map transmitted under this subsection conforms to a map adopted under sections 1136(a) through (h) of the Land Use Element of the Comprehensive Plan, the Council shall approve the map by resolution.

(c) The Mayor shall transmit 2 generalized land use maps to the Council within 180 days of April 27, 1999. The maps transmitted under this section shall conform to the requirements of section 1139 of Chapter 11 (“the Land Use Element”) of the Comprehensive Plan, be printed at a scale of 1,200 feet to 1 inch, use standardized colors for planning maps, indicate generalized land use policies, and include a street grid and other changes in format or design to improve the readability and understanding of the adopted policies. The Council shall hold a public hearing to determine if the maps transmitted under this section conform to the maps adopted under section 1139 of the Land Use Element of the Comprehensive Plan. If the Council determines that a map transmitted under this section conforms to a map adopted under section 1139 of the Land Use Element of the Comprehensive Plan, the Council shall approve the map by resolution. If the Council determines that a map transmitted under this section requires corrections to conform with a map adopted under section 1139 of the Land Use Element of the Comprehensive Plan, the Council shall approve the map by resolution, with conditions identifying the required corrections, and the Mayor shall publish a new map with the required corrections.

(d)(1) The Mayor shall transmit 2 generalized maps -- a Future Land Use Map and a Generalized Policy Map --to the Council within 90 days after March 8, 2007.

(2) The maps transmitted under this section shall:

(A) Conform to the requirements of sections 223 and 224 of Chapter 200 (“the Framework Element”) of the Comprehensive Plan;

(B) Be printed at a scale of 1,500 feet to 1 inch;

(C) Use standardized colors for planning maps;

(D) Indicate generalized land use policies; and

(E) Include a street grid and other changes in format or design to improve the readability and understanding of the adopted policies.

(3)(A) The Council shall hold a public hearing to determine if the maps transmitted under this section conform to the maps adopted under sections 223 and 224 of the Framework Element of the Comprehensive Plan, as required by paragraph 2 of this subsection. If the Council determines that a map transmitted under this section conforms as required, the Council shall approve the map by resolution.

(B) If the Council determines that a map transmitted under this section does not conform as required by paragraph 2 of this section but requires corrections to conform, the Council shall approve the map by resolution, identifying the required corrections, and the Mayor shall publish a new map with the required corrections.

(e)(1) The Mayor shall transmit 2 generalized maps --a Future Land Use Map and a Generalized Policy Map --to the Council within 90 days of April 8, 2011.

(2) The maps transmitted under this section shall:

(A) Incorporate the map amendments enacted in sections 101(u) and (v) of D.C. Law 18-361;

(B) Conform to the requirements of sections 223 through 226 of Chapter 200 (“the Framework Element”) of the Comprehensive Plan;

(C) Be printed at a scale of 1,500 feet to 1 inch;

(D) Use standardized colors for planning maps;

(E) Indicate generalized land use policies; and

(F) Include a street grid and any changes in format or design to improve the readability and understanding of the adopted policies.

(3)(A) The Council shall hold a public hearing to determine if the maps transmitted under this section conform to the requirements of paragraph 2 of this subsection. If the Council determines that a map transmitted under this section conforms as required, the Council shall approve the map by resolution.

(B) If the Council determines that a map transmitted under this section does not conform to the requirements of paragraph 2 of this section but requires corrections to conform, the Council shall approve the map by resolution, identifying the required corrections, and the Mayor shall publish a new map with the required corrections.

CREDIT(S)

(Apr. 10, 1984, D.C. Law 5-76, § 7, 31 DCR 1049; May 23, 1990, D.C. Law 8-129, § 3(a)(1), 37 DCR 55; Oct. 6, 1994, D.C. Law 10-193, § 3(a)(1), 41 DCR 5536; Mar. 21, 1995, D.C. Law 10-235, § 4(a), 42 DCR 30; Apr. 9, 1997, D.C. Law 11-255, § 3, 44 DCR 1271; Apr. 27, 1999, D.C. Law 12-275, § 2(b), 46 DCR 1441; Mar. 8, 2007, D.C. Law 16-300, § 2(b), 54 DCR 924; Apr. 8, 2011, D.C. Law 18-361, § 201(a), 58 DCR 908.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
2001 Ed., § 1-301.63.
1981 Ed., § 1-246.
Effect of Amendments
D.C. Law 16-300 added subsec. (d).
D.C. Law 18-361 added subsec. (e).
Legislative History of Laws
For legislative history of D.C. Law 5-76, see Historical and Statutory Notes following § 1-306.01.
For legislative history of D.C. Law 8-129, see Historical and Statutory Notes following § 1-306.04.
Law 10-193, the “Comprehensive Plan Amendments Act of 1994,” was introduced in Council and assigned Bill No. 10-212, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 7, 1994, and June 21, 1994, respectively. Signed by the Mayor on August 8, 1994, it was assigned Act No. 10-323 and transmitted to both Houses of Congress for its review. D.C. Law 10-193 became effective on October 6, 1994.
Law 10-235, the “District of Columbia Comprehensive Plan Act of 1984 Land Use Amendment Act of 1994,” was introduced in Council and assigned Bill No. 10-689, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Signed by the Mayor on December 27, 1994, it was assigned Act No. 10-378 and transmitted to both Houses of Congress for its review. D.C. Law 10-235 became effective on March 21, 1995.
Law 11-255, the “Second Technical Amendments Act of 1996,” was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective on April 9, 1997.
Law 12-275, the “Comprehensive Plan Amendment Act of 1998,” was introduced in Council and assigned Bill No. 12-99. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 31, 1998, it was assigned Act No. 12-609 and transmitted to both Houses of Congress for its review. D.C. Law 12-275 became effective on April 27, 1999.
Law 16-300, the “Comprehensive Plan Amendment Act of 2006”, was introduced in Council and assigned Bill No. 16-876, which was referred to Committee on the Whole. The Bill was adopted on first and second readings on December 5, 2006, and December 19, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-637 and transmitted to both Houses of Congress for its review. D.C. Law 16-300 became effective on March 8, 2007.
Law 18-361, the “Comprehensive Plan Amendment Act of 2010”, was introduced in Council and assigned Bill No. 18-867, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 9, 2010, and November 23, 2010 and January 4, 2011, respectively. Signed by the Mayor on January 20, 2011, it was assigned Act No. 18-711 and transmitted to both Houses of Congress for its review. D.C. Law 18-361 became effective on April 8, 2011.
Effective Dates
Section 4(b) of D.C. Law 10-193 provided that no District element of the Comprehensive Plan for the National Capital shall take effect until it has been reviewed by the National Capital Planning Commission as provided in § 2-1002(a) and § 1-204.23.
References in Text
The “Land Use Element of the Comprehensive Plan”, referred to throughout (b) and (c), is codified at 10 DCMR Ch. 11.
The generalized land use maps of the Land Use Element of the Comprehensive Plan are codified at 10 DCMR 1135.
Resolutions
Resolution 14-112, the “Comprehensive Plan Land Use Maps Approval Resolution of 2001”, was approved effective June 5, 2001.
Resolution 15-614, the “Vision and Policy Framework for the Comprehensive Plan Update Sense of the Council Resolution of 2004”, was approved effective July 13, 2004.
Miscellaneous Notes
District of Columbia Comprehensive Plan of 1984: Section 3 of D.C. Law 5-76 sets forth titles I through X adopted by the Council of the District of Columbia entitled “The District of Columbia Comprehensive Plan of 1984,” and was reprinted in its entirety in 31 DCR 1049 and is contained in the 10 DCMR compilation. On April 5, 1984, the National Capital Planning Commission adopted a resolution finding that “the District elements adopted and amended by the Council by D.C. Act 5-112 do not have a negative impact on the interests or functions of the Federal Establishment in the National Capital”.
Council's conditional approval of 4 revised land use maps: Pursuant to Resolution 6-263, the “Comprehensive Plan Land Use Maps Approval Resolution of 1985,” effective July 9, 1985, the Council approved 4 revised land use maps transmitted by the Mayor pursuant to § 1136(i) of the District of Columbia Comprehensive Plan Act of 1984 Land Use Element Amendment Act of 1984 (D.C. Law 5-187) on the condition that certain specified changes be made.
Comprehensive Plan Land Use Maps Approval Resolution of 1992: Pursuant to Resolution 9-275, effective July 31, 1992, the Council approved the 4 proposed land use maps, dated November 1990, transmitted by the Mayor pursuant to the District of Columbia Comprehensive Plan Amendments Act of 1989.
Repeal of § 2 of D.C. Law 5-187: Section 3(a) of D.C. Law 12-275 provides that § 2 of D.C. Law 5-187 is repealed, effective April 27, 1999. Section 2 of D.C. Law 5-187 had added a new title XI to the District of Columbia Comprehensive Plan of 1984, adopted by D.C. Law 5-76.
District of Columbia Comprehensive Plan of 1984: Section 2 of D.C. Law 10-193 amended D.C. Law 5-76. The text of D.C. Law 10-193 is found at 41 DCR 5536.
Comprehensive Plan Land Use Maps Approval Resolution of 1996: Pursuant to Resolution 11-313, effective May 7, 1996, Council approved the two new and updated District of Columbia generalized land use maps transmitted by the Mayor pursuant to the District of Columbia Comprehensive Plan Amendments Act of 1994.

Current through September 13, 2012