1311.1 The Zoning Commission may grant relief from certain development standards of this chapter, Subtitle K §§1301.5 through 1301.10 and from the use and design standards of this chapter, Subtitle K §§1308 through 1309, subject to the standards of Subtitle X, Chapter 9, the specific standards of this section, and provided that the applicant demonstrates the special exception relief would result in a design that still complies with the purposes of this chapter.

1311.2 Requests for relief that do not comply with the applicable conditions or limitations for a special exception as set forth in Subtitle K § 1311.1 shall be processed as a variance.

1311.3 Relief from the rear yard requirements of Subtitle K § 1301.7 may be permitted if approved by the Zoning Commission as a special exception pursuant to the conditions of Subtitle K §1311.1, Subtitle X, Chapter 9, and subject to the following conditions:

(a) No apartment window shall be located within forty feet (40 ft.) directly in front of another building;

(b) No office window shall be located within thirty feet (30 ft.) directly in front of another office window, nor eighteen feet (18 ft.) in front of a blank wall;

(c) In buildings that are not parallel to the adjacent buildings, the angle of sight lines and the distance of penetration of sight lines into habitable rooms be considered in determining distances between windows and appropriate yards; and

(d) Provision shall be included for service functions, including parking and loading access and adequate loading areas.

1311.4 Requests for relief may be advertised, heard, and decided together with the application for Zoning Commission review and approval.

SOURCE: Final Rulemaking published at 72 DCR 006195 (May 23, 2025).