9090.1 This section provides flexibility from the loading requirements when providing the number or dimensions of loading spaces or the access and screening required by this section would be:

1. (a) Impractical due to the shape or configuration of the site constraints;
2. (b) Unnecessary due to a lack of demand for loading; or
3. (c) Contrary to other District of Columbia regulations.

9090.2 The Board of Zoning Adjustment may grant full or partial relief from the number of loading berths or service/delivery spaces required by Subtitle C § 901.1, or from the size and layout requirements of Subtitle C § 905, as a special exception under Subtitle X, Chapter 9, and subject to the applicant's demonstration to the Board's satisfaction that:

1. (a) The use or structure will generate a lower loading demand than the minimum loading standards of Subtitle C §§ 901 and 905 require, as a result of:
2. (1) The nature of the use or structure; or
3. (2) A loading demand management plan filed in the case record in accordance with Subtitle Y § 300.14 and approved by District Department of Transportation, the implementation of which shall be a condition of the Board of Zoning Adjustment's approval, that will result in a lower loading demand than the minimum loading standards of Subtitle C §§ 901 and 905 require; or
4. (b) The only means by which a motor vehicle could access the lot is from a public street, and provision of a curb cut or driveway on the street would violate any regulation in this chapter or in Chapters 6 or 11 of Title 24 DCMR; or
5. (c) The loading berths or service/delivery spaces are required for an addition to a Historic Resource, and providing the required loading facilities in compliance with the requirements of Subtitle C §§ 901 and 905 would result in significant architectural or structural difficulty in maintaining the integrity and appearance of the Historic Resource.

9090.3 The Board of Zoning Adjustment may grant full or partial relief from the access requirements of Subtitle C §§ 904.2 and 904.3 as a special exception pursuant to Subtitle X, Chapter 9, and subject to the applicant's demonstration to the Board's satisfaction that:

(a) The lot has unusual topography, grades, shape, size, or dimensions; or

(b) Alternate access arrangements would improve site design, landscaping, or traffic patterns or provide safer ingress or egress.

9090.4 The Board of Zoning Adjustment may grant full or partial relief from the screening requirements of Subtitle C § 908 as a special exception pursuant to Subtitle X, Chapter 9, and subject to the applicant's demonstration to the Board's satisfaction that:

(a) Existing protective and screening walls on the lot or on adjacent property are adequate to prevent adverse impacts on adjacent property; or

(b) Provision of protective screening walls would result in the removal of healthy trees or other landscaping, or architectural features determined by the Board of Zoning Adjustment to be worthy of protection or to provide equal screening benefits.

9090.5 When granting a special exception under this section, the Board of Zoning Adjustment may impose conditions as to screening, lighting, coping, setbacks, fences, location of entrances and exits, widening of abutting alleys, loading management or transportation demand management practices, or any other requirement it deems necessary to protect adjacent or nearby property and promote the public health, safety, and welfare.

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 69 DCR 001561 (February 25, 2022).