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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 11. ZONING REGULATIONS OF 2016 |
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SubTilte 11-X. GENERAL PROCEDURES |
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Chapter 11-X10. VARIANCES |
Section 11-X1001. VARIANCE TYPES
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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 D § 1610; Subtitle E § 1104; Subtitle F § 903; and Subtitle G § 1503;
(e) The prohibition against certain enlargements and additions to nonconforming structures as stated at Subtitle C § 202; and
(f) Preconditions to the establishment of a matter-of-right use including, but not limited to, the minimum land area requirement of Subtitle E § 600.3 applicable to the conversion of a building to an apartment house as permitted by Subtitle E § 600.1; provided, that the waiver would not cause the proposed use to meet the definition of a more intense use.
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.