Section 11-A304. DEVIATIONS AND MODIFICATIONS PERMITTED BY ZONING ADMINISTRATOR'S RULING

 

304.1The deviations from the Zoning Regulations and modifications to approved plans permitted by this section shall not be applicable for any calculation or for determining compliance with Subtitle U §§ 301.2 or 320.2.

 

304.2The Zoning Administrator is authorized to permit the following deviations from the Zoning Regulations for building permits that are not otherwise authorized by an approved order of the Zoning Commission or the Board of Zoning Adjustment, if the Zoning Administrator, pursuant to Subtitle A § 304.3, determines that the deviation or deviations will not impair the purpose of the otherwise applicable regulations:

 

(a)Deviations not to exceed two percent (2%) of the area requirements governing minimum lot area, maximum percentage of lot occupancy, and area standards of courts;

 

(b)Deviations not to exceed the lesser of two percent (2%) or twelve inches (12 in.) of the linear requirements governing minimum lot width;

 

(c)Deviations not to exceed the lesser of ten percent (10%) or twelve inches (12 in.) of the linear requirements governing minimum rear yard, minimum side yard, and court width; and

 

(d)Deviations not to exceed two percent (2%) of the linear frontage limitation for eating/drinking establishments in Subtitle K § 811.9. 

 

304.3The Zoning Administrator shall consider the following issues, as applicable, in determining whether any deviation will impair the purpose of the applicable regulations pursuant to Subtitle A § 304.2:

 

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

 

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

 

(c)The level of noise in the neighborhood shall not be unduly increased;

 

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

 

(e)No trees which would otherwise be protected by this title or other District of Columbia regulation, shall be damaged or removed; and

 

(f)The general scale and pattern of buildings on the subject street frontage and the neighborhood shall be maintained consistent with the development standards of this title. 

 

304.4An applicant for a building permit seeking a deviation permitted by Subtitle A § 304.2 shall submit a written request to the Zoning Administrator that is signed by the property owner and that includes a comprehensive list identifying the type and extent of all proposed deviations and a written statement explaining how the requested deviations comply with Subtitle A §§ 304.2 and 304.3.

 

304.5For building permits that are authorized by an approved order of the Zoning Commission, the Zoning Administrator, following receipt of a request made pursuant to Subtitle A § 304.6, is authorized to permit only the following minor modifications to approved plans if the Zoning Administrator determines that the proposed modification is consistent with the intent of the Zoning Commission in approving the application and the Zoning Commission did not also grant the same area of relief:

 

(a)A change not to exceed two percent (2%) in height, percentage of lot occupancy, or gross floor area of any building that is the direct result of structural or building code requirements;

 

(b)A change not to exceed two percent (2%) in the number of dwelling units, hotel rooms, institutional rooms, or gross floor area to be used for commercial or accessory uses within the approved square footage;

 

(c)A change not to exceed two percent (2%) in the number of parking or loading spaces; and

 

(d)The relocation of any building within five feet (5 ft.) of its approved location, in order to retain flexibility of design or for reasons of unforeseen subsoil conditions or adverse topography.

 

304.6An applicant for a building permit seeking a modification to approved plans permitted by Subtitle A § 304.5 shall submit a written request to the Zoning Administrator that is signed by the property owner and that includes a comprehensive list identifying the type and extent of all proposed modifications to the approved plans and a written statement explaining how the requested modifications comply with Subtitle A § 304.5. The applicant shall, at the same time, serve a complete copy of the request, including any supporting plan documents, on all parties to the applicable case, including but not limited to the affected ANC(s).

 

304.7The Zoning Administrator shall report to the Zoning Commission, and at the same time shall report to all parties to the applicable case, including but not limited to, the affected ANC(s), any modification approved under Subtitle A § 304.5.  No modified building permit shall be issued for forty-five (45) days after a report is sent to the Zoning Commission.  If prior to the expiration of this time period the Zoning Commission decides that the modification exceeded the scope of a minor modification, the Zoning Administrator shall not approve the building permit, but shall instruct the applicant to seek a modification pursuant to Subtitle Z §§ 703 or 704, as applicable. 

 

304.8No building permit that requires the approval of a minor modification pursuant to Subtitle A § 304.5 may be issued during a forty-five (45) day period that begins on the date of a report made pursuant to Subtitle A § 304.7 unless the Zoning Commission advises the Zoning Administrator that it concurs that the modification is permitted by Subtitle A § 304.5.

 

304.9Any modification proposed to approved plans pursuant to Subtitle A § 304.5 that cannot be approved by the Zoning Administrator shall be submitted to and approved by the Zoning Commission pursuant to Subtitle Z §§ 703 or 704, as applicable.

 

304.10For building permits that are authorized by an order of the Board of Zoning Adjustment (the Order), the Zoning Administrator, following receipt of  a request made pursuant to Subtitle A § 304.11, is authorized to permit modifications to approved plans in addition to those modifications specifically authorized pursuant to flexibility granted by the Order if the Zoning Administrator determines that the proposed modifications are consistent with the intent of the Board of Zoning Adjustment and the modifications would not:

 

(a) Violate any condition of approval included in the Order;

 

(b) Increase, expand, or extend any area of relief granted by the Order;

 

(c) Create any need for new relief;

 

(d) Change a principal use from that approved in the Order;

 

(e) Increase the number of stories;

 

(f) Increase by more than two percent (2%) the building gross floor area, the percentage of lot occupancy, building height, or penthouse height; provided that the permitted increase of two percent (2%) or less must be the direct result of structural or building code requirements;

 

(g)  Increase by more than two percent (2%) the number of dwelling units, hotel rooms, or institutional rooms within the approved square footage; or

 

(h)  Increase or decrease by more than two percent (2%) the number of parking or loading spaces depicted on the approved plans.

 

304.11An applicant for a building permit seeking a modification to approved plans permitted by Subtitle A § 304.10 shall submit a written request to the Zoning Administrator that is signed by the property owner and that includes a comprehensive list identifying the type and extent of all proposed modifications to the approved plans and a written statement explaining how the requested modifications comply with Subtitle A § 304.10. The applicant shall at the same time serve a complete copy of the request, including any supporting plan documents, on all parties to the applicable case, including but not limited to, the affected ANC(s).

 

304.12The Zoning Administrator shall send written notification of any modifications approved pursuant to Subtitle A § 304.10 to all parties to the applicable case, including, but not limited to, the affected ANC(s).   The written notice shall be sent no later than seven (7) days after the date of the approval.

 

304.13Any modifications proposed to approved plans that cannot be approved by the Zoning Administrator pursuant to Subtitle A § 304.10 shall be submitted to and approved by the Board of Zoning Adjustment pursuant to Subtitle Y §§ 703 or 704 as applicable.

 

 

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)).

source

Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 64 DCR 2783 (March 17, 2017); as corrected by Errata Notice published at 64 DCR 3324 (April 7, 2017).