D.C. Mun. Regs. tit. 11, r. 11-E5201

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

Rule 11-E5201 - SPECIAL EXCEPTION RELIEF FROM CERTAIN REQUIRED DEVELOPMENT STANDARDS

5201.1

For an addition to a principal residential building on a non-alley lot or for a new principal residential building on a substandard non-alley record lot as described by Subtitle C § 301.1, the Board of Zoning Adjustment may grant relief from the following development standards of this subtitle as a special exception, subject to the provisions of this section and the general special exception criteria at Subtitle X, Chapter 9:

(a) Lot occupancy up to a maximum of seventy percent (70%) for all new and existing structures on the lot;

(b) Yards, including alley centerline setback;

(c) Courts; and

(d) Pervious surface.

5201.2

For a new or enlarged accessory structure to a residential building with one (1) principal dwelling unit on a non-alley lot, the Board of Zoning Adjustment may grant relief from the following development standards as a special exception, subject to the provisions of this section and the general special exception criteria at Subtitle X, Chapter 9:

(a) Lot occupancy under Subtitle E § 5003 up to a maximum of seventy percent (70%) for all new and existing structures on the lot;

(b) Yards, including alley centerline setback;

(c) Courts ; and

(d) Pervious surface.

5201.3

For a new or enlarged building on an Alley Record Lot, the Board of Zoning Adjustment may grant relief from the following development standards as a special exception, subject to the provisions of this section and the general special exception criteria at Subtitle X, Chapter 9:

(a) Yards, including alley centerline setback; and

(b) Pervious surface.

5201.4

An application for special exception relief under this section shall demonstrate that the proposed addition, new building, or accessory structure shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, specifically:

(a) The light and air available to neighboring properties shall not be unduly affected;

(b) The privacy of use and enjoyment of neighboring properties shall not be unduly compromised;

(c) The proposed addition or accessory structure, together with the original building, or the proposed new building, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale, and pattern of houses along the street and alley frontage; and

(d) In demonstrating compliance with paragraphs (a), (b), and (c) of this subsection, the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the proposed addition or accessory structure to adjacent buildings and views from public ways; and

5201.5

The Board of Zoning Adjustment may require.

5201.6

This section shall not be used to permit the introduction or expansion of a nonconforming use, lot occupancy beyond what is authorized in this section, height, or number of stories, as a special exception.

5201.7

Where an application requests relief from the alley centerline setback requirements under this section, the Office of Zoning shall refer the application to the following agencies for their review and recommendations, to be filed in the case record within the forty- (40) day period established by Subtitle A § 211:

(a) District Department of Transportation (DDOT);

(b) Department of Public Works (DPW);

(c) Metropolitan Police Department (MPD);

(d) Fire and Emergency Medical Services Department (FEMS);

(e) DC Water (WASA); and

(f) If a historic district or historic landmark is involved, the Historic Preservation Office (HPO).

D.C. Mun. Regs. tit. 11, r. 11-E5201

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 67 DCR 8068 (7/3/2020); amended by Final Rulemaking published at 68 DCR 892 (2/4/2022)