D.C. Mun. Regs. tit. 11, r. 11-C1506

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 11-C1506 - RELIEF FROM PENTHOUSE OR ROOFTOP STRUCTURE REQUIREMENTS

1506.1

Relief from the requirements of Subtitle C §§ 1503 and 1504 may be granted as a special exception by the Board of Zoning Adjustment subject to:

(a) The special exception requirements of Subtitle X, Chapter 9;

(b) The applicant's demonstration that reasonable effort has been made for the housing for mechanical equipment, stairway, and elevator penthouses to be in compliance with the required setbacks; and

(c) The applicant's demonstration of at least one (1) of the following:

(1) The strict application of the requirements of this chapter would result in construction that is unduly restrictive, prohibitively costly, or unreasonable, or is inconsistent with building codes;

(2) The relief requested would result in a better design of the penthouse or rooftop structure without appearing to be an extension of the building wall;

(3) The relief requested would result in a penthouse or rooftop structure that is visually less intrusive; or

(4) Operating difficulties such as meeting D.C. Construction Code, Title 12 DCMR requirements for roof access and stairwell separation or elevator stack location to achieve reasonable efficiencies in lower floors; size of Subtitle C § 115 building lot; or other conditions relating to the building or surrounding area make full compliance unduly restrictive, prohibitively costly, or unreasonable.

1506.2

Relief shall not be granted to the setback requirements of Subtitle C § 1504 for a penthouse or rooftop structure located on a building constructed to the maximum height allowed by the Height Act.

1506.3

A request to add penthouse habitable space to a building approved by the Zoning Commission prior to January 8, 2016, as a planned unit development or through the design review process, may be filed as a minor modification for placement on the Zoning Commission consent calendar, pursuant to Subtitle Z § 703, provided:

(a) The penthouse does not require relief from any other penthouse regulation;

(b) The item shall not be placed on a consent calendar for a period of thirty (30) days minimum following the filing of the application; and

(c) The Office of Planning shall submit a report with a recommendation a minimum of seven (7) days in advance of the meeting.

1506.4

In addition to meeting the special exception requirements of Subtitle X § 901, an application made pursuant to Subtitle C § 1506.3, shall include:

(a) A fully dimensioned copy of the approved and proposed roof-plan and elevations as necessary to show the changes;

(b) A written comparison of the proposal to the Zoning Regulations; and

(c) Verification that the affected Advisory Neighborhood Commission has been notified of the request.

D.C. Mun. Regs. tit. 11, r. 11-C1506

Final Rulemaking published at 68 DCR 13834 (12/24/2021)