3103 VARIANCES

3103.1 [DELETED]

3103.2 With respect to variances, the Board has the power under § 8 of the Zoning Act, D.C. Official Code § 6-641.07(g)(3)(2001) (formerly codified at D.C. Code § 5-424 (g)(3) (1994 Repl.)), "[w]here, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original adoption of the regulations, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any regulation adopted under D.C. Official Code §§ 6-641.01 to 6-651.02 would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of the property, to authorize, upon an appeal relating to the property, a variance from the strict application so as to relieve the difficulties or hardship; provided, that the relief can be granted without substantial detriment to the public good and without substantially impairing the intent, purpose, and integrity of the zone plan as embodied in the Zoning Regulations and Map."

3103.3 Variances are classified as area variances or use variances.

3103.4 An area variance is a request to deviate from an area requirement applicable to the zone district in which the property is located.

3103.5 Examples of area variances are requests to deviate from:

1. (a) Requirements that affect the size, location, and placement of buildings and other structures such as height, floor area ratio, lot occupancy, yard width and depth, and minimum court size;
2. (b) Minimum parking or loading requirements to an extent greater than what may be permitted by special exception;
3. (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;
4. (d) Limitations on the alteration or conversion of certain structures on alley lots as stated in § 2507.3;
5. (e) The prohibition against certain enlargements and additions to nonconforming structures as stated at § 2001.3; and
6. (f) Preconditions to the establishment of a matter of right use including, but not limited to, the minimum land area requirement of § 401.3 applicable to the conversion of a building an apartment house as permitted by § 330.5(e); provided that the waiver would not cause the proposed use to meet the definition of a more intense use.

3103.6 A use variance is a request to permit:- (a) A use that is not permitted by 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 § 2002.3.3103.7 The standard for granting a variance, as stated in § 3103.2 differs with respect to use and area variances as follows:- (a) An applicant for an area variance must prove that as a result of the attributes of a specific piece of property described in § 3103.2, the strict application of a zoning regulation would result in peculiar and exceptional practical difficulties to the owner of property; and

- (b) An applicant for a use variance must prove that as a result of the attributes of a specific piece of property described in § 3103.2, the strict application of a zoning regulation would result in exceptional and undue hardship upon the owner of the property.

SOURCE: Final Rulemaking published at 46 DCR 7853, 7890-91 (October 1, 1999); 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, 8553-54 (October 20, 2000); as amended by Final Rulemaking published at 60 DCR 8967 (June 14, 2013); as amended by Errata Notice published at 60 DCR 10908 (July 26, 2013).