D.C. Mun. Regs. tit. 11, r. 11-X1001

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

Rule 11-X1001 - VARIANCE TYPES

1001.1

Variances are classified as area variances or use variances.

1001.2

An area variance is a request to deviate from an area requirement applicable to the zone district in which the property is located.

1001.3

Examples of area variances are requests to deviate from:

(a) Requirements that affect the size, location, and placement of buildings and other structures such as height and FAR;

(b) Minimum parking or loading requirements to an extent greater than what may be permitted by special exception;

(c) Limitations on the extent to which the gross floor area of a building may be occupied by a matter of right non-residential use;

(d) Limitations on the alteration or conversion of certain structures on alley lots as stated in Subtitle U §§ 601;

(e) Preconditions to the establishment of a matter-of-right use including, but not limited to, the minimum land area requirement of Subtitle U §§ 301.2(c) applicable to the conversion of a building to an apartment house as permitted by Subtitle U §§ 301.2; provided, that the waiver would not cause the proposed use to meet the definition of a more intense use.

(f) Preconditions to the establishment of a special exception use provided that the variance would not cause the proposed use to meet the definition of a more intense use; and

(g) Notwithstanding paragraph (f) of this section, the minimum nine hundred square feet (900 sq. ft.) of land area per dwelling unit required by Subtitle U §§301.2(b), 301.5, and 320.2(b).

1001.4

A use variance is a request to permit:

(a) A use that is not permitted matter of right or special exception in the zone district where the property is located;

(b) A use that is expressly prohibited in the zone district where the property is located; or

(c) An expansion of a nonconforming use prohibited by Subtitle C §§ 204.

D.C. Mun. Regs. tit. 11, r. 11-X1001

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 63 DCR 10932 (9/6/2016); amended by Final Rulemaking published at 64 DCR 6110 (6/30/2017); amended by Final Rulemaking published at 65 DCR 11927 (10/26/2018); amended by Final Rulemaking published at 67 DCR 8068 (7/3/2020); amended by Final Rulemaking published at 67 DCR 13346 (11/13/2020); amended by Final Rulemaking published at 68 DCR 3551 (4/2/2021); amended by Final Rulemaking published at 68 DCR 896 (2/4/2022); amended by Final Rulemaking published at 71 DCR 9667 (8/2/2024)