1506.1 Relief from the requirements of Subtitle C §§ 1503 and 1504 may be granted as a special exception by the Board of Zoning Adjustment subject to:

1. (a) The special exception requirements of Subtitle X, Chapter 9;
2. (b) The applicant's demonstration that reasonable effort has been made for the housing for mechanical equipment, stairway, and elevator penthouses to be in compliance with the required setbacks; and
3. (c) The applicant's demonstration of at least one (1) of the following:
4. (1) The strict application of the requirements of this chapter would result in construction that is unduly restrictive, prohibitively costly, or unreasonable, or is inconsistent with building codes;
5. (2) The relief requested would result in a better design of the penthouse or rooftop structure without appearing to be an extension of the building wall;
6. (3) The relief requested would result in a penthouse or rooftop structure that is visually less intrusive; or
7. (4) Operating difficulties such as meeting D.C. Construction Code, Title 12 DCMR requirements for roof access and stairwell separation or elevator stack location to achieve reasonable efficiencies in lower floors; size of Subtitle C § 115 building lot; or other conditions relating to the building or surrounding area make full compliance unduly restrictive, prohibitively costly, or unreasonable.

1506.2 Relief shall not be granted to the setback requirements of Subtitle C § 1504 for a penthouse or rooftop structure located on a building constructed to the maximum height allowed by the Height Act.

1506.3 A request to add penthouse habitable space to a building approved by the Zoning Commission prior to January 8, 2016, as a planned unit development or through the design review process, may be filed as a minor modification for placement on the Zoning Commission consent calendar, pursuant to Subtitle Z § 703, provided:

(a) The penthouse does not require relief from any other penthouse regulation;

(b) The item shall not be placed on a consent calendar for a period of thirty (30) days minimum following the filing of the application; and

(c) The Office of Planning shall submit a report with a recommendation a minimum of seven (7) days in advance of the meeting.

1506.4 In addition to meeting the special exception requirements of Subtitle X § 901, an application made pursuant to Subtitle C § 1506.3, shall include:

(a) A fully dimensioned copy of the approved and proposed roof-plan and elevations as necessary to show the changes;

(b) A written comparison of the proposal to the Zoning Regulations; and

(c) Verification that the affected Advisory Neighborhood Commission has been notified of the request.

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 6110 (June 30, 2017); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021).