§ 4306. — Location of foreign missions in the District of Columbia.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4306]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 53--AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS
Sec. 4306. Location of foreign missions in the District of
Columbia
(a) Section as governing location, replacement, or expansion
The location, replacement, or expansion of chanceries in the
District of Columbia shall be subject to this section.
(b) Acceptable areas; limitations and conditions
(1) A chancery shall be permitted to locate as a matter of right in
any area which is zoned commercial, industrial, waterfront, or mixed-use
(CR).
(2) A chancery shall also be permitted to locate--
(A) in any area which is zoned medium-high or high density
residential, and
(B) in any other area, determined on the basis of existing uses,
which includes office or institutional uses, including but not
limited to any area zoned mixed-use diplomatic or special purpose,
subject to disapproval by the District of Columbia Board of Zoning
Adjustment in accordance with this section.
(3) In each of the areas described in paragraphs (1) and (2), the
limitations and conditions applicable to chanceries shall not exceed
those applicable to other office or institutional uses in that area.
(c) Filing of application with Board of Zoning Adjustment; publication
of notice; public participation; final determination
(1) If a foreign mission wishes to locate a chancery in an area
described in subsection (b)(2) of this section, or wishes to appeal an
administrative decision relating to a chancery based in whole or in part
upon any zoning map or regulation, it shall file an application with the
Board of Zoning Adjustment which shall publish notice of that
application in the District of Columbia Register.
(2) Regulations issued to carry out this section shall provide
appropriate opportunities for participation by the public in proceedings
concerning the location, replacement, or expansion of chanceries.
(3) A final determination concerning the location, replacement, or
expansion of a chancery shall be made not later than six months after
the date of the filing of an application with respect to such location,
replacement, or expansion. Such determination shall not be subject to
the administrative proceedings of any other agency or official except as
provided in this chapter.
(d) Criteria for determination
Any determination concerning the location of a chancery under
subsection (b)(2) of this section, or concerning an appeal of an
administrative decision with respect to a chancery based in whole or in
part upon any zoning regulation or map, shall be based solely on the
following criteria:
(1) The international obligation of the United States to
facilitate the provision of adequate and secure facilities for
foreign missions in the Nation's Capital.
(2) Historic preservation, as determined by the Board of Zoning
Adjustment in carrying out this section; and in order to ensure
compatibility with historic landmarks and districts, substantial
compliance with District of Columbia and Federal regulations
governing historic preservation shall be required with respect to
new construction and to demolition of or alteration to historic
landmarks.
(3) The adequacy of off-street or other parking and the extent
to which the area will be served by public transportation to reduce
parking requirements, subject to such special security requirements
as may be determined by the Secretary, after consultation with
Federal agencies authorized to perform protective services.
(4) The extent to which the area is capable of being adequately
protected, as determined by the Secretary, after consultation with
Federal agencies authorized to perform protective services.
(5) The municipal interest, as determined by the Mayor of the
District of Columbia.
(6) The Federal interest, as determined by the Secretary.
(e) Consistency of regulations, proceedings, and other actions; review
and comment by National Planning Commission
(1) Regulations, proceedings, and other actions of the National
Capital Planning Commission, the Zoning Commission for the District of
Columbia, and the Board of Zoning Adjustment affecting the location,
replacement, or expansion of chanceries shall be consistent with this
section (including the criteria set out in subsection (d) of this
section) and shall reflect the policy of this chapter.
(2) Proposed actions of the Zoning Commission concerning
implementation of this section shall be referred to the National Capital
Planning Commission for review and comment.
(f) Rule-making nature of proceedings
Regulations issued to carry out this section shall provide for
proceedings of a rule-making and not of an adjudicatory nature.
(g) Compliance with District of Columbia building and related codes
The Secretary shall require foreign missions to comply substantially
with District of Columbia building and related codes in a manner
determined by the Secretary to be not inconsistent with the
international obligations of the United States.
(h) Approval of Board of Zoning Adjustment or Zoning Commission not
required
Approval by the Board of Zoning Adjustment or the Zoning Commission
or, except as provided in section 4305 of this title, by any other
agency or official is not required--
(1) for the location, replacement, or expansion of a chancery to
the extent that authority to proceed, or rights or interests, with
respect to such location, replacement, or expansion were granted to
or otherwise acquired by the foreign mission before October 1, 1982;
or
(2) for continuing use of a chancery by a foreign mission to the
extent that the chancery was being used by a foreign mission on
October 1, 1982.
(i) Membership on Zoning Commission and Board of Zoning Adjustment
(1) The President may designate the Secretary of Defense, the
Secretary of the Interior, or the Administrator of General Services (or
such alternate as such official may from time to time designate) to
serve as a member of the Zoning Commission in lieu of the Director of
the National Park Service whenever the President determines that the
Zoning Commission is performing functions concerning the implementation
of this section.
(2) Whenever the Board of Zoning Adjustment is performing functions
regarding an application by a foreign mission with respect to the
location, expansion, or replacement of a chancery--
(A) the representative from the Zoning Commission shall be the
Director of the National Park Service or if another person has been
designated under paragraph (1) of this subsection, the person so
designated; and
(B) the representative from the National Capital Planning
Commission shall be the Executive Director of that Commission.
(j) Application of other laws
Provisions of law (other than this chapter) applicable with respect
to the location, replacement, or expansion of real property in the
District of Columbia shall apply with respect to chanceries only to the
extent that they are consistent with this section.
(Aug. 1, 1956, ch. 841, title II, Sec. 206, as added Pub. L. 97-241,
title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 286.)
Section Referred to in Other Sections
This section is referred to in section 4309 of this title.
