D.C. Mun. Regs. tit. 11, r. 11-H5200

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

Rule 11-H5200 - GENERAL PROVISIONS

5200.1

Unless specifically provided for in this subtitle, the Board of Zoning Adjustment may not grant special exception relief from the density, height, and penthouse and rooftop structure development standards.

5200.2

The Board of Zoning Adjustment may grant special exception relief from the development standards of this subtitle, pursuant to Subtitle X, Chapter 9 and subject to the following:

(a) The building or feature for which the relief is sought, at the size, intensity, and location proposed, will substantially advance the stated purposes of the NMU zones, and will not adversely affect neighboring property, nor be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity;

(b) The architectural design of the project shall enhance the urban design features of the immediate vicinity in which it is located; and, if a historic district or historic landmark is involved, the Office of Planning report to the Board of Zoning Adjustment shall include review by the Historic Preservation Office and a status of the project's review by the Historic Preservation Review Board;

(c) Exceptional circumstances exist, pertaining to the property itself or to economic or physical conditions in the immediate area, that justify the requested relief;

(d) Vehicular access and egress are located and designed so as to encourage safe and efficient pedestrian movement, minimize conflict with principal pedestrian ways, to function efficiently, and to create no dangerous or otherwise objectionable traffic conditions;

(e) Parking and traffic conditions associated with the operation of a proposed use shall not adversely affect adjacent or nearby residences;

(f) Noise associated with the operation of a proposed use shall not adversely affect adjacent or nearby residences; and

(g) The Board of Zoning Adjustment may impose requirements pertaining to design, appearance, signs, size, landscaping, and other such requirements as it deems necessary to protect neighboring property and to achieve the purposes of the NMU zone.

5200.3

Requested relief that does not comply with specific conditions or limitations of a special exception authorized by this subtitle shall be processed as a variance pursuant to Subtitle X, Chapter 10.

D.C. Mun. Regs. tit. 11, r. 11-H5200

Final Rulemaking published at 70 DCR 11297 (8/25/2023)