D.C. Mun. Regs. tit. 11, r. 11-K1006

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

Rule 11-K1006 - RELIEF FROM DEVELOPMENT STANDARDS AND USE AND DESIGN REQUIREMENTS (NHR)

1006.1

The Zoning Commission may grant special exception relief from the development standards of § 1001 of this chapter and from the Designated Street use and design standards of § 1004 of this chapter, subject to the standards of Subtitle X, Chapter 9 and to the applicable conditions of this chapter and provided that the applicant demonstrates the special exception relief would result in a design that still complies with the purposes of this chapter.

1006.2

Requested relief that does not comply with the applicable conditions or limitations for a special exception as set out in this chapter shall be processed as a variance.

1006.3

The Zoning Commission may grant special exception relief, pursuant to Subtitle X, Chapter 9, from the rear yard requirements of this chapter, provided:

(a) No apartment window shall be located within forty feet (40 ft.) directly in front of another building;

(b) No office window shall be located within thirty feet (30 ft.) directly in front of another office window, nor eighteen feet (18 ft.) in front of a blank wall;

(c) In buildings that are not parallel to the adjacent buildings, the angle of sight lines and the distance of penetration of sight lines into habitable rooms shall be considered in determining distances between windows and appropriate yards; and

(d) Provision shall be included for service functions, including parking and loading access and adequate loading areas.

1006.4

The Zoning Commission may grant special exception relief, pursuant to Subtitle X, Chapter 9, from the driveway prohibition of Subtitle K § 1006.1(d), subject to the following criteria:

(a) The applicant shall demonstrate that there is no practical alternative means of serving the parking, loading, or drop-off needs of the building to be served by the proposed driveway, such as signage approved by DDOT that would direct vehicles to an alternative entrance point within the same square;

(b) The vehicular entrance will not impede the flow of pedestrian traffic on designated primary street frontage; and

(c) The driveway that would access the proposed parking or loading entrance or exit is not inconsistent with DDOT landscape plans for the public rights of way on the designated street frontage, to the extent that such plans exist at the time of the special exception application.

D.C. Mun. Regs. tit. 11, r. 11-K1006

Final Rulemaking published at 65 DCR 15997 (12/6/2019)