Air Rights 

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Instructions for Form 104 - Application for Air Space Development

Pre-Application Requirements: 

At 45 days prior to filing any air space development application, the applicant must serve a written notice of intent (NOI) to file the application on the affected ANC and on the owners of all property within 200 ft. of the perimeter of the property in question. 

In an air space development case, the applicant must make all reasonable efforts to attend a duly noticed meeting of the affected Advisory Neighborhood Commission(s) (ANC) during the 45-day notice period. 

Application Requirements: 

Each application for air space development must meet the below requirements before it will be accepted by the Office of Zoning for processing:

1. All applications shall be made pursuant to this form. If additional space is necessary, use separate sheets of 8½"x11" paper to complete the form (drawings and plans may be no larger than 11"x17").
2. Form 104 must be filed electronically using the Interactive Zoning Information System (IZIS) as well as a copy signed by each owner of property in the area to be developed.
3. At the time of filing this application, the Applicant shall pay a filing fee in accordance with the Subtitle Z, Chapter 16. (Check or money order is payable to the “DC Treasurer” or credit/debit card payments are acceptable.)
4. Below is a list of all the documents that must be submitted in PDF format at the time you file your application. Please have these documents ready for uploading before you start your application:
   • A completed application form;
   • A certified surveyor’s plat of the subject property prepared by the Office of the Surveyor;
   • A map showing the location of the proposed project, the existing zoning for the subject site, and the zoning of adjacent properties;
   • A statement of the purposes and objectives of the project;
   • A statement certifying to whom and in what manner the required NOI was given. The applicant shall also indicate what meetings or discussions were held with the Office of Planning, the affected ANC, and other individuals and community groups concerning the proposed development, as well as any changes that resulted from these meetings or discussions;
   • A detailed statement as to the uses to be located in the project, including the location, number, size, and types of stores, offices, residential, institutional, industrial, and other uses;
   • A detailed site plan, showing the location and external dimensions of all buildings and structures, utilities and other easements, walkways, driveways, plazas, arcades, and any other open spaces;
   • A detailed landscaping and grading plan, showing all landscaping to be retained, including trees of 18 in. circumference or greater, proposed planting, and landscaping;
   • Typical floor plans and architectural elevations for each building, sections for each building and the project as a whole, and sections and elevations of the entire square within which the project is located;
   • A circulation plan, including the location of all vehicular and pedestrian access ways and the location and number of all off-street parking spaces and loading berths, including an indication of which spaces are designated for which use;
   • A tabulation of development data showing the following:
     • The area and dimensions of each lot proposed for each building and the exact area of the total site;
     • The percentage of lot occupancy of each building on each lot and the total percentage of lot occupancy for all buildings on the entire site; and
     • The gross floor area and floor area ratio for each building on each lot, including a break-down for each use, and the total gross floor area and floor area ratio for all buildings on the entire site, including a breakdown for each use;
   • A table listing by-right development standards and identifying all areas of relief requested and the degree of such relief;
   • The name and addresses of the owners of all property located within 200 ft. of the subject property and self-stick labels printed with their names and addresses; and
   • Any other information needed to understand the proposed project.

Please note that after you submit this electronic filing, you will be required to submit two paper copies of the application with supporting documents, unless you are including plans, in which case 10 copies of the plans are required. Also, at the time of filing, you will be required to serve a copy of your application on the Office of Planning (OP), the affected ANC(s), and all parties to the original case. 

The application will not be accepted for processing unless accompanied by a certificate of service demonstrating that a copy of the application and all accompanying documents have been served upon: 

1.  The Office of Planning;
2. The affected ANC(s); and
3. All parties to the original case.

Note: All applications are referred for review and recommendation to OP. Their reports are given “great weight” in the Zoning Commission decision-making process. Applicants are strongly encouraged to contact OP to discuss the merits of their application. OP can be reached at (202) 442-7600.

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