D.C. Mun. Regs. tit. 11-X, § 1001
Variance Types
Effective Aug 2, 202471 DCR 009667Authority: § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797), as amended; D.C. Official Code § 6-641.01 (2018 Rep1.), and pursuant to § 6 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1206; D.C. Official Code § 2 505(c) (2016 Repl.)). Source: Final Rulemaking published at 63 DCR 2447, 3454 (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 65 DCR 11927 (October 26, 2018); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Final Rulemaking published at 67 DCR 13346 (November 13, 2020); as amended by Final Rulemaking published at 68 DCR 3551 (April 2, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 71 DCR 009667 (August 2, 2024).District of Columbia, Office of the Secretary
1001
10015.1 Variances are classified as area variances or use variances.
10015.2 An area variance is a request to deviate from an area requirement applicable to the zone district in which the property is located.
10015.3 Examples of area variances are requests to deviate from:
- (a) Requirements that affect the size, location, and placement of buildings and other structures such as height and FAR;
- (b) Minimum parking or loading requirements to an extent greater than what may be permitted by special exception;
- (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;
- (d) Limitations on the alteration or conversion of certain structures on alley lots as stated in Subtitle U § 601;
- (e) Preconditions to the establishment of a matter-of-right use including, but not limited to, the minimum land area requirement of Subtitle U § 301.2(c) applicable to the conversion of a building to an apartment house as permitted by Subtitle U § 301.2; provided, that the waiver would not cause the proposed use to meet the definition of a more intense use.
- (f) Preconditions to the establishment of a matter of right or special exception use provided that the variance would not cause the proposed use to meet the definition of a more intense use; and
- (g) Notwithstanding paragraph (f) of this section, the minimum nine hundred square feet (900 sq. ft.) of land area per dwelling unit required by Subtitle U §§ 301.2(b), 301.5, and 320.2(b).
10015.4 A use variance is a request to permit:
(a) A use that is not permitted matter of 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 Subtitle C § 204.
SOURCE: Final Rulemaking published at 63 DCR 2447, 3454 (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 65 DCR 11927 (October 26, 2018); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Final Rulemaking published at 67 DCR 13346 (November 13, 2020); as amended by Final Rulemaking published at 68 DCR 3551 (April 2, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 71 DCR 009667 (August 2, 2024).