WHEREAS, the District of Columbia Zoning Regulations list a series of commercial and residential development project types and uses which a have unique impact on District neighborhoods and many require a special exception order from the DC Board of Zoning Adjustment.  The Board can grant exceptions where “in the judgment of the Board, the special exceptions will be in harmony with the general purpose and intent of the Zoning Regulations and Zoning Maps and will not tend to affect adversely, the use of neighboring property in accordance with the Zoning Regulations and Zoning Maps;”  (DCMR 11-3104.1) and


WHEREAS, currently there does not exist a special exception requirement for commercial retail stores that are 75,000 square feet or larger (“big-box stores”) despite the unique impacts these big-box stores can impose on District neighborhoods; and


WHEREAS, currently the District of Columbia Zoning Code and the proposed Zoning Code drafted by the Office of Planning permit “as of right” development for retail larger than 75,000 square feet on most commercially zoned land which means there is no public approval process to weigh the burdens and benefits of big-box stores to the community; and


WHEREAS, big-box stores are usually national in scope and have been shown to reduce sales to locally-owned, small businesses that sell the same and/or similar products; and


WHEREAS, big-box stores generate less revenue for the local economy compared to locally-owned small businesses; and


WHEREAS, the large size of big-box stores are often out of scale compared to neighboring stores; and


WHEREAS, the District of Columbia Zoning Commission is considering its first wholesale rewrite of the DC Zoning Code in over 50 years and such consideration includes whether to maintain its “as of right” development policy on most commercially zoned land:


NOW, THEREFORE BE IT RESOLVED that Advisory Neighborhood Commission 4D proposes and recommends that the District of Columbia Zoning Commission adopt a policy whereby a developer who proposes a big-box store must secure a special exception prior to proceeding with said development.


This Resolution was considered on October 15, 2013 before ANC 4D at a duly noticed meeting in the presence of a quorum.  The vote of the Commission was ____ in favor and ____ opposed to the Resolution.  The Resolution is _______________.  ______________________,

ANC 4D Secretary.