2107.1 The Board of Zoning Adjustment is hereby authorized to reduce or eliminate the amount of required parking spaces for nonresidential buildings or structures located outside the Central Employment Area in accordance with the requirements of § 3104 for special exceptions; provided, that the building or structure is provided with a direct connection to a Metrorail station currently in operation or for which a construction contract has been awarded.

2107.2 The parking spaces normally required are not necessary to serve the use located in the building or structure. In determining whether the parking spaces are necessary, the Board shall give consideration to the:

1. (a) Nature and location of the building or structure and the nature and location of the connection to Metrorail;
2. (b) Maximum number of students, employees, guests, customers, or clients who can reasonably be expected to use the proposed building or structure at one time;
3. (c) Amount of traffic congestion existing or which the building or structure can reasonably be expected to create in the neighborhood;
4. (d) Quantity of existing public, commercial, or private parking, other than on-street parking, on the property or in the neighborhood, that can reasonably be expected to be available when the building or structure is in use; and
5. (e) Availability of public transportation service in the area or a ride-sharing program approved by the D.C. Department of Transportation.

2107.3 If the applicant relies on a ride-sharing program, the applicant shall demonstrate to the Board that the program shall continue as long as the use continues.

2107.4 Prior to taking final action on an application under this section, the Board shall refer the

application to the D.C. Department of Transportation for review and report.

SOURCE: Final Rulemaking published at 31 DCR 6585, 6598 (December 28, 1984); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8500 (October 20, 2000).