407.1 The Zoning Administrator is authorized to permit a deviation not to exceed two percent (2%) of the area requirements of §§ 401 and 403 (minimum lot dimensions and maximum percentage of lot occupancy); and a deviation not to exceed ten percent (10%) of the linear requirements of §§ 404 and 405 (minimum rear yard and minimum side yard requirements); and a deviation from the requirements of § 406 (minimum court dimensions), not to exceed either two percent (2%) of the area standard or ten percent (10%) of the width standard; provided, that:

1. (a) A building shall be allowed to deviate from the requirements of no more than two (2) of the sections identified in this subsection;
2. (b) The deviation or deviations shall be deemed by the Zoning Administrator not to impair the purpose of the otherwise applicable regulations; and
3. (c) The flexibility or deviation shall not be applicable for any calculation or for determining compliance with §§ 330.7 or 336.

SOURCE: Final Rulemaking published at 45 DCR 1446, 1447-48 (March 13, 1998); as amended by Final Rulemaking published at 62 DCR 8883 (June 26, 2015).