Washington City Zoning Code

1. 301.2
   The Zoning Commission may waive not more than fifty percent (50%) of the minimum area requirement of Subtitle X § 301.1 for applications in Zone Group 1, provided that the Zoning Commission shall find after the public hearing that the development is of exceptional merit and is in the best interests of the District of Columbia or the country and one (1) of the following:

   1. (a)
      The development is identified in an approved Small Area Plan and will be generally not inconsistent with the Small Area Plan;
   2. (b)
      The development will be constructed or operated by the District of Columbia or federal government and serves a compelling government interest; or
   3. (c)
      If the development is to be located outside the Central Employment Area, at least eighty percent (80%) of the gross floor area of the development shall be used exclusively for dwelling units and uses accessory thereto.

1. 301.3
   The Zoning Commission may waive the minimum area requirement of Subtitle X § 301.1 to no less than five thousand square feet (5,000 sq. ft.) for applications in Zone Groups 2, 5, and 6, provided the Zoning Commission shall find after the public hearing that the development is of exceptional merit and is in the best interests of the District of Columbia or the country and one (1) of the following:

   1. (a)
      The development is identified in an approved Small Area Plan and will be generally not inconsistent with the Small Area Plan;
   2. (b)
      The development will be constructed or operated by the District of Columbia or federal government and serves a compelling government interest; or
   3. (c)
      If the development is to be located outside the Central Employment Area, at least eighty percent (80%) of the gross floor area of the development shall be used exclusively for dwelling units and uses accessory thereto.

1. 301.4
   The Zoning Commission may waive up to five percent (5%) of the minimum area requirement of Subtitle X § 301.1 for applications in Zone Groups 3 and 4 provided that the Zoning Commission shall find after the public hearing the development is of exceptional merit and is in the best interests of the District of Columbia or the country.

1. 301.5
   All the property included in a PUD in Zone Groups 1, 2, 5, and 6 shall be contiguous, except that the property may be separated only by public streets, alleys, or rights-of-way.

1. 301.6
   All property included in a PUD in Zone Groups 3 and 4 shall be contiguous and may neither be separated by a street, alley nor bridge.

1. 302.1
   A PUD request may be filed as either a one-stage, consolidated, or a two-stage application.

1. 302.2
   A two-stage application has two (2) parts as follows:

   1. (a)
      The first-stage application involves a general review of the site’s suitability as a PUD and any related map amendment; the appropriateness, character, scale, height, mixture of uses, and design of the uses proposed; and the compatibility of the proposed development with the Comprehensive Plan, and city-wide, ward, and area plans of the District of Columbia, and the other goals of the project; and
   2. (b)
      The second-stage application is a detailed site plan review to determine transportation management and mitigation, final building and landscape materials and compliance with the intent and purposes of the first-stage approval, and this title.

1. 302.3
   A consolidated application shall incorporate all information and material for both a first- and second-stage application as required by Subtitle A §§ 309.11 and 309.12 into one (1) application, and all information shall be submitted at the time of initial filing.

1. 302.4
   When the Zoning Commission considers whether to set down a consolidated application for a hearing, the Zoning Commission shall determine whether the application is sufficiently clear and detailed to be considered at one (1) proceeding.

1. 302.5
   The Zoning Commission reserves the right to direct an applicant to revise a consolidated application into a two-stage application, if in the opinion of the Zoning Commission the circumstances and issues surrounding the proposal require a two-stage review.

1. 302.6
   If any proposed use or building would require a special exception under the existing zoning for the site, but the special exception would not be required if a proposed map amendment is granted, the Zoning Commission need not consider the special exception nor refer the application to the Board of Zoning Adjustment for its consideration.

1. 302.7
   The Zoning Commission may dismiss or deny the application at the conclusion of the presentation of the applicant’s case or at any point thereafter.

1. 303.1
   As part of the PUD process, the Zoning Commission may grant the following relief:

   1. (a)
      Relief from any  development standards established in the corresponding zone, which shall be considered a type of development flexibility against which the Zoning Commission shall weigh the benefits of the PUD;
   2. (b)
      The Commission may permit one or more specific uses within a PUD that are not otherwise permitted by the PUD-related zone after a determination by the Commission that the use(s) are compatible with the PUD, which shall be considered a type of development flexibility against which the Zoning Commission shall weigh the benefits of the PUD; and
   3. (c)
      Housing credits and arts credits are not eligible for flexibility through the PUD process. 

1. 303.2
   If the boundary of the PUD includes more than one (1) zone, the FAR of all buildings proposed within the PUD shall not exceed the aggregate of the FAR as permitted in the zones included within the PUD boundary, as that may be increased by Subtitle X § 303.3.

1. 303.3
   Except as limited in Subtitle X §§ 303.5 and 303.6, the Zoning Commission may increase the maximum total density permitted on the PUD site as follows:

   1. (a)
      In any R, RF, or RA-1 zone, by no more than the aggregate of the floor area ratio of all buildings as permitted in the following table:

1.  
   2. (b)
       In all other zones, by no more than twenty percent (20%) of that maximum matter-of-right permitted by the zone(s) associated with the PUD. As part of the twenty percent (20%) increase, the Zoning Commission may increase the maximum density for non-residential uses by no more than thirty-four percent (34%) of the maximum matter-of-right non-residential density permitted within the zone associated with the PUD.

1. 303.4
   The twenty percent (20%) PUD related increase in density permitted pursuant to Subtitle X § 303.3(b) may be calculated using the matter-of-right density and the IZ bonus density only when the PUD includes a full allocation of Inclusionary Zoning units consistent with Subtitle C, Chapter 10.

1. 303.5
   The matter-of-right floor area ratio limits shall serve as the density guidelines for a PUD in the NMU zones.

1. 303.6
   The matter-of-right floor area ratio limits shall serve as the maximum permitted density for a PUD in the following zones:

   1. (a)
      MU-1/DC, MU-2/DC, MU-4/DC, MU-5A/DC, MU-6B/DC, MU-8B/DC, MU-9B/DC, and MU-10/DC;
   2. (b)
      RF-1/DC; and
   3. (c)
      RA-2/DC, RA-4/DC, and RA-5/DC.

1. 303.7
   Except as permitted for a penthouse or rooftop structure pursuant to Subtitle X § 303.18, no building or structure shall exceed the maximum PUD height permitted in the least restrictive zone within the PUD site as set forth in the following table; provided, that the Zoning Commission may authorize the deviations permitted pursuant to Subtitle X § 303.10: 

1. 303.8
   In the NMU-4/GA and NMU-5A/GA zones, any additional height and floor area above that permitted as a matter of right shall be for residential use only.

1. 303.9
   In the NMU-4/H-H, NMU-5A/H-H, NMU-6B/H-H, NMU-7B/H-H, and NMU-8B/H-H zones, any additional height and floor area above that permitted as a matter of right shall be used only for housing or the preferred uses of these zones.

1. 303.10
   The Zoning Commission may authorize the following increases; provided, that the increase is essential to the successful functioning of the project and consistent with the purpose and evaluation standards of this chapter:

   1. (a)
      An increase of not more than five percent (5%) in the maximum building height but not the maximum penthouse or rooftop structure height; or 
   2. (b)
      An increase of not more than five percent (5%) in the maximum density.

1. 303.11
   The amount of flexibility from all other development standards not addressed by this section shall be at the discretion of the Zoning Commission.

1. 303.12
   A PUD-related zoning map amendment shall be considered flexibility against which the Zoning Commission shall weigh the benefits of the PUD.

1. 303.13
   As part of any PUD, the applicant may request approval of any relief for which special exception approval is required.  The Zoning Commission shall apply the special exception standards applicable to that relief, unless the applicant requests flexibility from those standards.  Any such flexibility shall be considered the type of development flexibility against which the Zoning Commission shall weigh the benefits of the PUD.

1. 303.14
   As part of any PUD, the applicant may request the Zoning Commission to grant an area variance to permit additional height and density beyond that permitted by this section.  The Zoning Commission shall apply and not deviate from the variance standard stated at Subtitle X, Chapter 10.

1. 303.15
   The PUD height and density standards for the special purpose zones are contained in Subtitle K for those zones.

1. 303.16
   An electronic equipment facility (EEF) may occupy more than fifty percent (50%) of the gross floor area of a building in the MU-7, MU-8, MU-9, MU-15 or any D zone, if approved as part of a PUD in accordance with the requirements of this chapter and subject to the following additional criteria:

   1. (a)
      The aggregate total area to be devoted to EEF use may not exceed fifty percent (50%) of the permitted gross floor area of the entire project; and
   2. (b)
      The EEF shall be located on a portion of the lot that does not directly front on a street so as to preclude retail, service, and office uses from being developed on the street frontage of the project.

1. 303.17
   Any additional density (whether residential or non-residential) or development rights granted through a PUD, including PUD-related map amendments, cannot be transferred as part of a combined lot development

1. 303.18
   Except as limited by geographically modified zones, the matter-of-right penthouse and rooftop structure height and number of story limits shall serve as the maximum permitted penthouse and rooftop structure height and stories for a PUD except in the following zones: 

1. 304.1
   The Zoning Commission will evaluate and grant or deny a PUD application according to the standards of this section.

1. 304.2
   The applicant shall have the burden of proof to justify the granting of the application according to these standards.

1. 304.3
   In deciding a PUD application, the Zoning Commission shall judge, balance, and reconcile the relative value of the public benefits and project amenities offered, the degree of development incentives requested, and any potential adverse effects according to the specific circumstances of the case.

1. 304.4
   The Zoning Commission shall find that the proposed development:

   1. (a)
      Is not inconsistent with the Comprehensive Plan and with other adopted public policies and active programs related to the subject site;
   2. (b)
      Does not result in unacceptable project impacts on the surrounding area or on the operation of city services and facilities but instead shall be found to be either favorable, capable of being mitigated, or acceptable given the quality of public benefits in the project; and
   3. (c)
      Includes specific public benefits and project amenities of the proposed development that are not inconsistent with the Comprehensive Plan or with other adopted public policies and active programs related to the subject site.

1. 305.1
   The Zoning Commission shall also evaluate the specific public benefits and project amenities of the proposed development, which features may in some instances overlap.

1. 305.2
   Public benefits are superior features of a proposed PUD that benefit the surrounding neighborhood or the public in general to a significantly greater extent than would likely result from development of the site under the matter-of-right provisions of this title.

1. 305.3
   All public benefits shall meet the following criteria:

   1. (a)
      Benefits shall be tangible and quantifiable items;
   2. (b)
      Benefits shall be measurable and able to be completed or arranged prior to issuance of a certificate of occupancy;
   3. (c)
      Benefits may primarily benefit a particular neighborhood or area of the city or service a critical city-wide need; and
   4. (d)
      Monetary contributions shall only be permitted if made to a District of Columbia government program or if the applicant agrees that no certificate of occupancy for the PUD may be issued unless the applicant provides proof to the Zoning Administrator that the items or services funded have been or are being provided.

1. 305.4
   A majority of public benefits of the proposed PUD should relate to the geographic area of the Advisory Neighborhood Commission in which the application is proposed.

1. 305.5
   Public benefits of the proposed PUD may be exhibited and documented in any of the following or additional categories:

   1. (a)
      Superior urban design and architecture;
   2. (b)
      Superior landscaping, or creation or preservation of open spaces;
   3. (c)
      Site planning and efficient and economical land utilization;
   4. (d)
      Commemorative works or public art;
   5. (e)
      Historic preservation of private or public structures, places, or parks;
   6. (f)
      Housing that:

      1. (1)
         Exceeds the amount that would have been required through matter-of-right development under existing zoning;
      2. (2)
         Includes senior housing; or
      3. (3)
         Provides units with three (3) or more bedrooms;
   7. (g)
      Affordable housing except that:

      1. (1)
         Affordable housing provided in compliance with the Inclusionary Zoning requirements of Subtitle C, Chapter 22, shall not be considered a public benefit except to the extent it exceeds what would have been required through matter-of-right development under existing zoning. In determining whether this standard has been met, the Zoning Commission shall balance any net gain in gross floor area against any loss of gross floor area that would have been set-aside for Inclusionary Units in compliance with the Inclusionary Zoning requirements of Subtitle C, Chapter 10; and
      2. (2)
         A PUD application proposing Inclusionary Units with deeper affordability than what would be required by IZ for the existing zone, or for the proposed zone if a map amendment is sought, shall propose only a household income level published in the Rent and Price Schedule established by the IZ Act that is in effect as of the date the PUD application was filed;
   8. (h)
      Employment and training opportunities;
   9. (i)
      Social services and facilities for the duration of the PUD, including, but not limited to, space dedicated for a day care or elderly care facility. The day care must be available to the general public and open during normal business hours at least five (5) days each week and fifty (50) weeks each calendar year. The space for each child shall be based on the requirement outlined in the Child Development Facilities Regulations;
   10. (j)
       Building space for special uses including, but not limited to, community educational or social development, promotion of the arts or similar programs and not otherwise required by the zone district, a grocery store larger than fifteen thousand square feet (15,000 sq. ft.) in areas where a grocery store does not exist within a three mile (3 mi.) radius, or incubation space for small or local businesses;
   11. (k)
       Environmental and sustainable benefits to the extent they exceed the standards required by zoning or other regulations including, but not limited to:

       1. (1)
          Storm water runoff controls in excess of those required by Stormwater Management Regulations;
       2. (2)
          Use of natural design techniques that store, infiltrate, evaporate, treat, and detain runoff in close proximity to where the runoff is generated;
       3. (3)
          Garden(s) or on-site food production through permanent and viable growing space and/or facilities such as a greenhouse or a garden conservatory which provide fencing, watering systems, soil, secured storage space for tools, solar access, and pedestrian access as applicable. The facility shall be designed to be architecturally compatible with the development and to minimize the visibility of mechanical equipment;
       4. (4)
          Total green area ratio scores that exceed requirements by at least one-tenth (0.1); and
       5. (5)
          Meeting the minimum standards for Leadership in Energy and Environmental Design (LEED) Gold certification. The project does not have to achieve actual LEED certification; however, the developer must include the LEED checklist and documentation in the application, approved by a LEED Accredited Professional (LEED-AP) that shows that the project will comply with LEED requirements;
   12. (l)
       Streetscape plans, subject to approval by the Department of Transportation Public Space Committee including implementation and maintenance of the streetscape for the duration of the project for areas where there are no design standards;
   13. (m)
       Outdoor children's play area: a public, active, outdoor children's play area that shall be secure, separated from parking and maneuvering areas, and designed to facilitate adult supervision. The play area shall include play equipment, installed to the manufacturer's specifications, or natural features suitable for children in both preschool and elementary school. The play area shall be a minimum of five hundred square feet (500 sq. ft.);
   14. (n)
       Park maintenance or participation in the Department of Park and Recreation (DPR) “Adopt-a-Park Program” for the life of the development;
   15. (o)
       Transportation infrastructure beyond that needed to mitigate any potential adverse impacts of the application including, but not limited to, dedication and/or construction of a public street or alley; maintenance of a street median; or provision of a public easement for a pedestrian walkway that would not otherwise be required;
   16. (p)
       Mass transit improvements, including, but not limited to, location and funding of a shared bike station; accommodation, and/or construction of a Metro station entrance; or donation of space for a transit store or other similar space to provide services such as the sale of transit cards, Metro passes, bus and train schedules, and information on bike and car sharing programs, etc.;
   17. (q)
       Uses of special value to the neighborhood or the District of Columbia as a whole; and
   18. (r)
       Other public benefits and project amenities and other ways in which the proposed PUD substantially advances the major themes and other policies and objectives of any of the elements of the Comprehensive Plan.

1. 305.6
   Public benefits other than those listed above may be proposed to and considered by the Zoning Commission.

1. 305.7
   Public benefits other than affordable housing, such as public facilities or public open space, may be located off-site; provided, that:

   1. (a)
      There is a clear public policy relationship between the PUD proposal and the off-site benefit; and
   2. (b)
      The off-site benefit shall be located within one-quarter mile (.25 mi.) of the PUD site or within the boundaries of the ANC for the area that includes the PUD site.

1. 305.8
   If the off-site public benefit is affordable housing, it shall be provided according to the requirements of Subtitle X § 306.

1. 305.9
   Elements or items required as mitigation to potential adverse impacts of the PUD shall not also be considered as benefits for the purposes of this section

1. 305.10
   A project amenity is one (1) type of public benefit, specifically a functional or aesthetic feature of the proposed development that adds to the attractiveness, convenience, or comfort of the project for occupants and immediate neighbors.

1. 305.11
   The Zoning Commission may not compel an applicant to add to proffered public benefits, but shall deny a PUD application if the proffered benefits do not justify the degree of development incentives requested (including any requested map amendment). Nevertheless, the Zoning Commission may at any time note the insufficiency of the public benefits and suggest how the benefits may be improved.

1. 305.12
   A project may qualify for approval by being particularly strong in only one (1) or a few of the categories in this section, but must be acceptable in all proffered categories and superior in many.

1. 306.1
   A PUD application that proposes an increase in gross floor area devoted to office space over and above the amount of office space permitted as a matter-of-right in the underlying existing zone of the PUD site shall comply with the housing linkage requirements of this section.

1. 306.2
   The applicant shall produce or financially assist in the production of dwellings or multiple dwellings that are affordable to low- and moderate-income people; provided that:

   1. (a)
      The quantity of low- and moderate-income housing that is required shall be based upon the requested increase in office FAR; and
   2. (b)
      Income limits shall apply to housing that is constructed on the site of the PUD in accordance with Inclusionary Zoning standards.

1. 306.3
   The applicant may either provide the required housing by means of new construction or rehabilitation as specified in Subtitle X § 306.5, or may elect to make a financial contribution as provided in Subtitle X § 306.6.

1. 306.4
   The following exclusions and modifications shall apply:

   1. (a)
      Commercial floor area other than office space shall be excluded from these computations for the proposed PUD; provided, that the matter-of-right commercial density of the existing zone shall be reduced by 0.5 FAR to allow for normal retail use;
   2. (b)
      If the proposed PUD provides an amount of housing equal to or greater than the housing that would be required under this section, no additional housing shall be required;
   3. (c)
      No housing requirement pursuant to this section shall apply to a PUD that is proposed for property located in a D zone, or to any PUD application filed by an agency of the federal government, or the Washington Metropolitan Area Transit Authority (WMATA); and
   4. (d)
      An applicant may apply for a reduction or elimination of the housing required under this section as part of a PUD application provided the Zoning Commission finds, after public hearing, that the reduced or eliminated housing requirement is necessitated or justified by the project’s provision of extraordinary public benefits that are of both exceptional merit and in the best interests of the city or the country.

1. 306.5
   If the applicant constructs or rehabilitates the required housing, the following conditions shall apply:

   1. (a)
      The gross square footage of new or rehabilitated housing shall be based upon the gross square footage of increased office space that the PUD provides in excess of that allowed as a matter-of-right by the underlying existing zone of the PUD site; provided, that the amount of housing required shall be as follows:

      1. (1)
         Not less than one-fourth (1/4) of the gross square feet of increased office space if the required housing is part of the PUD or is situated on adjacent property;
      2. (2)
         Not less than one-third (1/3) of the gross square feet of increased office space if the location of the required housing does not comply with subparagraph (1) of this paragraph, but is nonetheless within the same Advisory Neighborhood Commission area as the PUD; and
      3. (3)
         Not less than one-half (0.5) of the gross square feet of increased office space if the location of the required housing is other than as approved in subparagraphs (1) and (2) above;
   2. (b)
      The applicant may construct or rehabilitate the housing units, or may secure the housing production by other business arrangements, including, but not limited to, joint venture, partnership, or contract construction;
   3. (c)
      If the housing is provided as new construction, the average square feet of gross floor area per dwelling or per apartment unit shall be not less than eight hundred and fifty square feet (850 sq. ft.); provided, that no average size limit shall apply to rooming houses, boarding houses, or units that are deemed single-room occupancy housing;
   4. (d)
      For purposes of this section, the word “rehabilitation” means the substantial renovation of housing for sale or rental that is not habitable for dwelling purposes because it is in substantial violation of the Housing Regulations of the District of Columbia (14 DCMR);
   5. (e)
      In the case of rental housing, the required housing shall be maintained as affordable dwelling units for the duration of the PUD, but not less than twenty (20) years;
   6. (f)
      If the required housing is provided for home ownership, the housing shall be provided at income levels and duration consistent with the Inclusionary Zoning Implementation Amendment Act of 2006 (the IZ Act), effective March 14, 2007 (D.C. Law 16-275; 54 DCR 880 (February 2, 2007)). References to the IZ Act include any Mayor's Order, agency rule, or other administrative issuance promulgated pursuant to that legislation; and
   7. (g)
      No certificate of occupancy shall be issued for the office component of a PUD that is subject to the provisions of this section until a certificate of occupancy has been issued for the housing required pursuant to this section.

1. 306.6
   As an alternative to constructing or rehabilitating the required housing as provided in Subtitle X § 306.5, the applicant may contribute funds to the District of Columbia’s housing production trust fund; provided:

   1. (a)
      The contribution shall be equal to one-half (0.5) of the assessed value of the increase in permitted gross floor area for office use;
   2. (b)
      The assessed value shall be the fair market value of the property as indicated in the property tax assessment records of the Office of Tax and Revenue as of the date of the PUD application; and
   3. (c)
      The contribution shall be determined by dividing the assessed value per square foot of land that comprises the PUD site by the maximum permitted commercial FAR and multiplying that amount times the requested increase in gross square feet proposed for office use.

1. 306.7
   If any housing exists on the development site and is to be removed in order to allow construction of the PUD, the total assessed value of the housing removed shall be added to the financial contribution as computed in Subtitle X § 306.6; provided, that this provision shall apply to any housing removed beginning one (1) year prior to the date of the PUD application.

1. 306.8
   Not less than one-half (0.5) of the required total financial contribution shall be made prior to the issuance of a building permit for any part of the office component of the PUD, and the balance of the total financial contribution shall be made prior to the issuance of a certificate of occupancy for any part of the office component of the PUD.

1. 306.9
   All affordable housing provided pursuant to this section shall be administered consistent with the IZ Act.

1. 306.10
   A PUD that is subject to the housing requirement of this section shall not be relieved of the requirement to be found meritorious pursuant to the evaluation standards in Subtitle X § 304.

1. 306.11
   The Office of Planning shall refer each application for a PUD subject to the provisions of this section to the Department of Housing and Community Development for an analysis of compliance with the housing requirements of this section and a recommendation.

1. 307.1
   A PUD application shall meet the requirements of Subtitle Z § 300.

1. 308.1
   Pre-hearing and hearing procedures for planned unit developments are set forth in Subtitle Z, Chapter 4.

1. 308.2

   No later than seven (7) days after the Zoning Commission takes proposed action on any PUD application (or for PUDs not involving map amendments seven (7) days after the close of the hearing), the applicant shall file with the Office of Zoning and serve the Office of Planning, the Office of Zoning Legal Division, and the affected Advisory Neighborhood Commission and any other parties, a final list of the public benefits proffered for the PUD (Proffer) and, for each proffer, provide a draft condition that is both specific and enforceable.

1. 308.3
   The description of each public benefits shall be identical to the description contained in the applicant’s proposed order unless a revision is required for clarity or to reflect a revision.

1. 308.4
   The information required by Subtitle X § 308.8 shall be presented in the form of a chart in which with each proffered public benefit is described in one (1) column and a corresponding condition is described in a second. For example:

1. 308.5
   No later than fourteen (14) days after the Zoning Commission takes proposed action on any PUD application (or for PUDs not involving map amendments, fourteen (14) days after the close of the hearing), the Office of Zoning Legal Division, Office of Zoning, and Office of Planning shall complete any dialogue they feel is needed with the applicant with respect to any deficiencies in the applicant’s proposed conditions.

1. 308.6
   No later than twenty-one (21) days after the Zoning Commission takes proposed action on any PUD application (or for PUDs not involving map amendments twenty-one (21) days after the close of the hearing) the applicant shall file with Office of Zoning and serve the Office of Planning, Office of Zoning Legal Division, and the affected Advisory Neighborhood Commission and any other parties, any revisions to the Proffer and conditions, or a statement that that none have been made.

1. 308.7
   No later than twenty-eight (28) days after the Zoning Commission takes proposed action on any PUD application (or for PUDs not involving map amendments, twenty-eight (28) days after the close of the hearing), the Office of Zoning Legal Division, Office of Planning, and the affected Advisory Neighborhood Commission and any other party may file any responses each has to the applicant’s final Proffer and conditions.  The responses shall be limited to whether the conditions in the final Proffer are specific and enforceable.

1. 308.8
   The response of the Office of Zoning Legal Division will be treated as a confidential attorney client communication. The Zoning Commission will consider the PUD to contain only those public benefits described in the final Proffer

1. 308.9
   The Zoning Commission may relieve an applicant of some or all of the responsibilities of Subtitle X §§ 308.7 through 308.12 in circumstances when it believes the process is unnecessary, such as when it is considering a modification that does not involve a change to the PUDs public benefits.

1. 309.1
   The Zoning Commission’s first-stage approval shall set forth the appropriate zoning classification to apply to the project, and shall state in detail the elements, guidelines, and conditions that shall be followed by the applicant in the second-stage application.

1. 309.2
   If the Zoning Commission finds the application to be in accordance with the intent and purpose of the Zoning Regulations, the PUD process, and the first-stage approval, the Zoning Commission shall grant approval to the second-stage application, including any guidelines, conditions, and standards that are necessary to carry out the Zoning Commission's decision.

1. 309.3
   At the point at which a decision is made on a consolidated review application, the Zoning Commission may also determine that a second review is required, and rather than approving the application in a consolidated review, grant first-stage approval only and require that the applicant file additional plans for second-stage approval.

1. 309.4
   Provisions conserving the duration and implementation of an approved first- or second-stage PUD appear in Subtitle Z § 702.

1. 309.5
   Provisions setting forth the procedure and standards for requesting an extension of the Zoning Commission’s first- or second-stage approvals are set forth in Subtitle Z § 706.

1. 309.6
   The procedures for modifying or correcting an order approving a PUD are set forth in Subtitle Z.

1. 310.1
   No order approving a PUD shall be deemed to include relief from any zoning regulation, including, but not limited to, the Inclusionary Zoning requirements of Subtitle C, Chapter 10 unless such relief was expressly requested by the applicant and expressly granted in the order.

1. 310.2
   The grant of a PUD prohibits any construction on the PUD site that is not authorized in the order approving the PUD, including development under matter-of-right standards, until:

   1. (a)
      The validity of the PUD order expires; or
   2. (b)
      The Zoning Commission issues an order granting the applicant’s motion to extinguish the PUD.

1. 311.1
   Following approval of an application by the Zoning Commission, the applicant may file an application for a building permit with the proper authorities of the District of Columbia.

1. 311.2
   The Zoning Administrator shall not approve a permit application unless the plans conform in all respects to the plans approved by the Zoning Commission, as those plans may have been modified by any guidelines, conditions, or standards that the Zoning Commission may have applied. Nor shall the Zoning Administrator accept the establishment of an escrow account in satisfaction of any condition in the Zoning Commission’s order approving the PUD unless the order expressly authorizes an escrow.

1. 311.3
   The Zoning Administrator shall not approve a permit application unless the applicant has recorded a covenant running with the land found technically sufficient by the Zoning Administrator and legally sufficient by the Office of Zoning Legal Division, in the land records of the District of Columbia by the owner or owners for the benefit of the District of Columbia, which covenant will bind the owner and all successors in title to construct on and use the property only in accordance with the adopted orders, or amendments thereof, of the Zoning Commission.

1. 311.4
   Following the recordation of the covenant, the PUD boundaries shall be designated on the Zoning Map.

1. 311.5
   The orders of the Zoning Commission issued in accordance with this chapter shall have all the force of this title, and violations shall be prosecuted in accordance with the provisions of Subtitle A § 305 of this title.

311.6 - 311.9  [REPEALED]

1. 311.6
   The Zoning Administrator shall not approve an application for a certificate of occupancy for a PUD if the order approving the PUD includes a condition requiring the provision of affordable housing unless the owner has executed monitoring and enforcement documents with the District of Columbia, which will bind the owner and all successors in title to abide by such terms as the District considers necessary to ensure that the affordable housing will be constructed, marketed, sold, re-sold, rented, and occupied, so as to be affordable to the target households during the specified control period and safeguarded regarding foreclosure.

1. 311.7
   A condition in an order approving or modifying a PUD that requires the provision of affordable housing shall automatically terminate if title to the mortgaged property is transferred following foreclosure by, or deed-in-lieu of foreclosure to, a mortgagee in the first position, or a mortgage in the first position is assigned to the Secretary of the U.S. Department of Housing and Urban Development provided the owner has executed monitoring and enforcement documents per the requirements of Subtitle X § 311.6.

1. 400.1
   Petitions for the creation of a new zone shall be consistent with the conditions of this section.

1. 400.2
   The new zone shall be for a well-defined geographic area with generally similar development characteristics and land use.

1. 400.3
   Proposed new zones shall not be inconsistent with the Comprehensive Plan or with applicable small area plans.

1. 400.4
   Proposed new zones shall not result in adverse impacts on the environment or adjacent lands.

1. 400.5
   Proposed new zones shall not result in the undue diminution of property rights.

1. 400.6
   Petitions for a new zone shall be accompanied by the following:

   1. (a)
      Evidence of significant community support for the zone including property owners within the defined area, relevant civic, community and business groups, and the Advisory Neighborhood Commission, including the single member district representation; and
   2. (b)
      Surveys, plats, maps, scaled elevations, or similar information documenting any proposed changes to applicable development standards; Petitioners are encouraged to inquire with the Office of Planning about available public resources.

1. 400.7
   If the proposed new zone involves a reduction in any development standard or property right, an effected property owner in opposition shall be given an equal amount of time as the petitioner to present their opposition. The opposing property owner shall not be required to meet the same burden as that of significant community support.

1. 401.1
   A petition to create a new zone shall meet the requirements of Subtitle Z §§ 304 and 305.

1. 500.1
   The Zoning Commission will evaluate and approve, disapprove, or modify a map amendment application or petition according to the standards of this chapter.

1. 500.2
   In a contested case, the applicant shall have the burden of proof to justify the granting of the application according to these standards.

1. 500.3
   In all cases, the Zoning Commission shall find that the amendment is not inconsistent with the Comprehensive Plan and with other adopted public policies and active programs related to the subject site.

1. 501.1
   An application or petition for a map amendment shall meet the requirements of Subtitle Z § 304.

1. 502.1
   Except as provided in Subtitle X § 502.2, the requirements of this section shall apply to:

   1. (a)
      A map amendment that rezones a property:

      1. (1)
         From a PDR zone to an ARTS, CG, D, MU, NMU, R, RA or RF zone;
      2. (2)
         From any zone other than a PDR zone to a D zone without a prescribed residential FAR; or 
      3. (3)
         From unzoned to an ARTS, CG, D, MU, NMU, R, RA or RF zone; or
   2. (b)
      A map amendment not described in paragraph (a) of this subsection 502.1, which rezones a property from any zone to a zone that allows a higher maximum FAR, both exclusive of the twenty percent (20%) IZ bonus density, if applicable.

1. 502.2
   The requirements of this section shall not apply to a map amendment that: 

   1. (a)
      Is related to a PUD application;
   2. (b)
      Is to a BF, HE, NHR, NYE, SEFC, StE, USN, or WR zone;
   3. (c)
      The Zoning Commission determines is not appropriate for IZ Plus due to the mitigating circumstances identified by the Office of Planning in its report recommending that the map amendment not be subject to IZ Plus; or
   4. (d)
      Was filed as an application that was accepted by the Office of Zoning prior to November 16, 2020.

1. 502.3
   The requirements of Subtitle C, Chapter 10, Inclusionary Zoning, shall apply to any map amendment subject to this section.

1. 502.4
   In its order approving a map amendment subject to Subtitle § 502.1(b), the Zoning Commission shall state the maximum permitted FAR of the existing zone, exclusive of the twenty percent (20%) IZ bonus density, if applicable, from which the Zoning Commission approved a map amendment. For computation purposes of this subsection, the R-1 and R-2 zones shall have a FAR equivalent to 0.4, the R-3 zones shall have a FAR equivalent to 0.6, and the RF-1 zones shall have a FAR equivalent to 0.9.

1. 502.5
   Property subject to a map amendment subject to the requirements of this section shall be indicated with a “IZ+” symbol on the Zoning Map.

1. 502.6
   In reviewing an IZ Plus application pursuant to Subtitle Z §§ 400.5 and 405.7, the Office of Planning may recommend an alternate zone than proposed by the IZ Plus application if the Office of Planning determines that the alternate zone may be more appropriate in achieving the goals of IZ Plus or the Comprehensive Plan and may advertise the alternate zone in the alternative as part of the same public hearing.

1. 502.7
   In reviewing an IZ Plus application, the Commission may determine that an alternate zone, whether proposed by the Office of Planning or by the Commission on its own motion, may be more appropriate than the zone proposed in the IZ Plus application to achieve the goals of IZ Plus or the Comprehensive Plan and may advertise the alternate zone in the alternative as part of the same public hearing.

1. 600.1
   The purpose of the design review process is to:

   1. (a)
      Allow for special projects to be approved by the Zoning Commission after a public hearing and a finding of no adverse impact;
   2. (b)
      Recognize that some areas of the District of Columbia warrant special attention due to particular or unique characteristics of an area or project;
   3. (c)
      Permit some projects to voluntarily submit themselves for Design Review under this chapter in exchange for flexibility because the project is superior in design but does not need extra density, provided that FAR is measured as the aggregate of all buildings within a Voluntary Design Review boundary; 
   4. (d)
      Promote high-quality, contextual design; and
   5. (e)
      Provide for flexibility in building bulk control, design, and site placement without an increase in density or FAR beyond that allowed within the overall Voluntary Design Review application boundary or a map amendment. 

1. 600.2
   The design review process is intended to be shorter and less intensive than the PUD process and allow less deviation from matter-of-right zone standards.

1. 600.3
   A comprehensive public review by the Zoning Commission of the specific development proposal is required in order to evaluate the design of the project in proportion to the design flexibility requested.

1. 600.4
   While providing for greater flexibility in planning and design than may be possible under matter-of-right zoning procedures, the design review process shall not be used to circumvent the intent and purposes of the Zoning Regulations, or to result in action that is inconsistent with the Comprehensive Plan.

1. 600.5
   A map amendment or an increase in density shall not be permitted as part of a design review application.

1. 601.1
   Except for Design Review required by Chapter 7 of Subtitle I, this chapter applies to any instance when the Zoning Regulations require Zoning Commission review of any building, structure, or use other than a campus planpursuant to Subtitle X, Chapter 1. Such a review shall hereinafter be referred to as a “Mandatory Design Review.”

1. 601.2
   As to all zones, this chapter applies when a property owner, or owners, voluntarily seeks Design Review development, which shall hereinafter be referred to as a “Voluntary Design Review” or “VDR.” 

1. 601.3
   A proposed Voluntary Design Review development application shall include no more than one (1) zone and have a minimum area, including the area of public streets or alleys proposed to be closed, as follows:

   1. (a)
      A total of two (2) acres for a development to be located in any R, RF, or RA zone; and
   2. (b)
      No minimum area required for a development in any other zone. 

1. 601.4
   All the property included in a Design Review application, whether voluntary or mandatory, shall be contiguous, except that the property may be separated only by a public alley or public right-of-way other than a public street. 

1. 602.1
   An application for a design review shall meet the requirements of Subtitle Z § 301.

1. 603.1
   As part of the Design Review process, the Zoning Commission may grant relief from the development standards for height, setbacks, yards, lot occupancy, courts, and building transitions; as well as any specific design standards of a specific zone. Except as allowed pursuant to Subtitle X § 603.2, the Design Review process shall not be used to vary other building development standards including FAR, Inclusionary Zoning, or Green Area Ratio. 

1. 603.2
   The FAR of all buildings within a Voluntary Design Review (VDR) boundary shall not exceed the aggregate of the FARs as permitted in the zone included within the VDR boundary. 

1. 603.3
   Except for height, the amount of relief from the standards authorized by Subtitle X § 603.1 is at the discretion of the Zoning Commission, provided that the relief is required to enable the applicant to meet all of the standards of Subtitle X § 604. The Zoning Commission may grant no greater height than that permitted if the application were for a PUD. 

1. 603.4
   An application for a special exception or variance that would otherwise require the approval of the Board of Zoning Adjustment may be heard simultaneously with a Design Review application, and shall be subject to all applicable special exception criteria and variance standards and the payment of all applicable fees. 

1. 604.1
   The Zoning Commission will evaluate and approve or disapprove a design review application subject to this chapter according to the standards of this section and for Mandatory Design Reviews subject to this chapter according to the standards stated in the provisions that require Zoning Commission review.

1. 604.2
   For Mandatory Design Review, the application must also meet the requirements of the provisions that mandated Zoning Commission approval.

1. 604.3
   The applicant shall have the burden of proof to justify the granting of the application according to these standards.

1. 604.4
   The applicant shall not be relieved of the responsibility of proving the case by a preponderance of the evidence, even if no evidence or arguments are presented in opposition to the case.

1. 604.5
   The Zoning Commission shall find that the proposed design review development is not inconsistent with the Comprehensive Plan and with other adopted public policies and active programs related to the subject site.

1. 604.6
   The Zoning Commission shall find that the proposed design review development will not tend to affect adversely the use of neighboring property and meets the general special exception criteria of Subtitle X, Chapter 9.

1. 604.7
   The Zoning Commission shall review the urban design of the site and the building for the following criteria:

   1. (a)
      Street frontages are designed to be safe, comfortable, and encourage pedestrian activity, including:

      1. (1)
         Multiple pedestrian entrances for large developments;
      2. (2)
         Direct driveway or garage access to the street is discouraged;
      3. (3)
         Commercial ground floors contain active uses with clear, inviting windows;
      4. (4)
         Blank facades are prevented or minimized; and
      5. (5)
         Wide sidewalks are provided;
   2. (b)
      Public gathering spaces and open spaces are encouraged, especially in the following situations:

      1. (1)
         Where neighborhood open space is lacking;
      2. (2)
         Near transit stations or hubs; and
      3. (3)
         When they can enhance existing parks and the waterfront;
   3. (c)
      New development respects the historic character of Washington’s neighborhoods, including:

      1. (1)
         Developments near the District’s major boulevards and public spaces should reinforce the existing urban form;
      2. (2)
         Infill development should respect, though need not imitate, the continuity of neighborhood architectural character; and
      3. (3)
         Development should respect and protect key landscape vistas and axial views of landmarks and important places;
   4. (d)
      Buildings strive for attractive and inspired façade design, including:

      1. (1)
         Reinforce the pedestrian realm with elevated detailing and design of first (1^st) and second (2^nd) stories; and
      2. (2)
         Incorporate contextual and quality building materials and fenestration;
   5. (e)
      Sites are designed with sustainable landscaping; and
   6. (f)
      Sites are developed to promote connectivity both internally and with surrounding neighborhoods, including:

      1. (1)
         Pedestrian pathways through developments increase mobility and link neighborhoods to transit;
      2. (2)
         The development incorporates transit and bicycle facilities and amenities;
      3. (3)
         Streets, easements, and open spaces are designed to be safe and pedestrian friendly;
      4. (4)
         Large sites are integrated into the surrounding community through street and pedestrian connections; and
      5. (5)
         Waterfront development contains high quality trail and shoreline design as well as ensuring access and view corridors to the waterfront.

1. 604.8
   The Zoning Commission shall find that the criteria of Subtitle X § 604.7 are met in a way that is superior to any matter-of-right development possible on the site.

1. 605.1
   No order approving a VDR shall be deemed to include relief from any zoning regulation unless such relief was expressly requested by the applicant and expressly granted in the order. 

1. 605.2
   The grant of a VDR approval prohibits any construction on the VDR site that is not authorized in the order approving the VDR, including development under matter-of-right standards, until:

   1. (a)
      The validity of the VDR order expires; or
   2. (b)
      The Zoning Commission issues an order granting the applicant’s motion to extinguish the VDR approval as authorized by the VDR order, which motion to extinguish shall demonstrate that the VDR site will be compliant with the Zoning Regulations without the VDR approval. 

SOURCE:  Final Rulemaking & Order No. 19-06 published at 68 DCR 5446 (May 21, 2021)

1. 606.1
   Following approval of a VDR application by the Zoning Commission, the applicant may file a building permit with the proper authorities of the District of Columbia. 

1. 606.2
   The Zoning Administrator shall not approve a permit application unless the plans conform in all respects to the plans approved by the Zoning Commission, as those plans may have been modified by any guidelines, conditions, or standards that the Zoning Commission may have applied. 

1. 606.3
   The Zoning Administrator shall not approve a permit application unless the applicant has recorded a covenant in the land records of the District of Columbia between the owner or owners of all property within the VDR boundary and the District of Columbia satisfactory to the Office of Zoning Legal Division and the Zoning Administrator, which covenant will bind the owner or owners and all successors in title to construct on and use the property only in accordance with the adopted orders, or amendments thereof, of the Zoning Commission. 

1. 606.4
   Following the recordation of the covenant, the VDR boundaries shall be designated on the Zoning Map. 

1. 606.5
   The orders of the Zoning Commission issued in accordance with this chapter shall have all the force of this title, and violations shall be prosecuted in accordance with the provisions of Subtitle A § 305 of this title. 

1. 700.1
   This chapter provides regulations for developing air rights above public streets or alleys (“airspace”) in the District of Columbia.

1. 700.2
   Under § 5 of the District of Columbia Public Space Utilization Act, approved October 17, 1968 (D.C. Official Code §§ 10-1121.01 et seq.), the Zoning Commission shall, after public hearing and after securing the advice and recommendations of the National Capital Planning Commission, review and approve all air space development.

1. 701.1
   No development of airspace may occur without approval of the Zoning Commission.

1. 701.2
   The Zoning Commission shall determine the use to be permitted in the proposed airspace consistent with regulations applicable to the abutting privately owned property, including limitations and requirements respecting the height of any structure to be erected in such airspace, off-street parking and development standards applicable to such structure, and easements of light, air, and access.

1. 701.3
   Airspace cases may be processed as a part of a design review, PUD, or project-specific rezoning application and shall be subject to the evaluation criteria and follow the procedures of the relevant chapter, except as provided in this section.

1. 701.4
   The Zoning Commission may impose any conditions or restrictions on airspace development that it deems necessary to ensure:

   1. (a)
      Compatibility with surrounding private property;
   2. (b)
      The accessibility of the public to traverse as appropriate the public space;
   3. (c)
      A high quality design of any building, landscape or public realm;
   4. (d)
      Appropriate treatment and protection of viewsheds; and
   5. (e)
      No undue adverse impacts on the surrounding area.

1. 702.1
   An application for an airspace development shall meet the requirements of Subtitle Z § 303.

1. 800.1
   Notwithstanding any other provision of this title, a water tower or elevated water tank (Water Tower) owned and operated by the District of Columbia Water and Sewer Authority may be established on unzoned property owned by the District of Columbia and located on the East Campus of Saint Elizabeths Hospital.

1. 800.2
   No building permit to construct a Water Tower in excess of ninety feet (90 ft.) in height may be issued unless the Zoning Commission finds that said tower, as designed, meets the standards of Subtitle X, Chapter 9 and is not inconsistent with the Comprehensive Plan, small area plan(s), and other adopted planning studies that pertain to the site.

1. 800.3
   An application pursuant to Subtitle X § 800.2 shall include such plans and illustrations necessary to adequately represent the final proposed appearance of the tower, including its materials, final elevation, and location on the East Campus. The application shall also identify how the proposed design meets the standard for approval set forth in Subtitle X § 800.2.

1. 800.4
   An application shall be included as a “Final Action” item for a Zoning Commission meeting scheduled after the completion of the thirty- (30) day review period allowed the affected Advisory Neighborhood Commission(s). The notice to the affected Advisory Neighborhood Commission(s) shall include the date of the final action and a tentative public hearing date.

1. 800.5
   The only motion that can be made at that time is for approval of the application in accordance with Subtitle Z § 604 and without the need for a public hearing.

1. 800.6
   If no motion is made, or if the motion fails, the matter shall be moved to the “Hearing Actions” portion of the agenda, at which point the Commission may take any of the actions authorized by Subtitle Z §§ 400.12 through 400.15.

1. 800.7
   The Office of Planning may submit a report as to whether the Zoning Commission should approve the application. Any such report shall be filed no later than ten (10) days prior to the date of the public meeting at which the final action item will be considered.

1. 800.8
   A request to modify an approved design shall be subject to the same review criteria and approval process as set forth in this section for the original application.

1. 900.1
   Except for those special exceptions heard by the Zoning Commission pursuant to Title 11 DCMR, special exception cases shall be heard by the Board of Zoning Adjustment and follow the procedures of Subtitle Y, Chapter 4.

1. 900.2
   The Board of Zoning Adjustment is authorized to grant special exceptions, as provided in this title, where, in the judgment of the Board of Zoning Adjustment, the requested special exception meets the standards of Subtitle X § 901 and any specific conditions specified in this title.

1. 900.3
   In the case of a use that was originally permitted and lawfully established as a matter-of-right and for which the Zoning Regulations now require special exception approval from the Board of Zoning Adjustment, any extension or enlargement of that use shall require special exception approval from the Board of Zoning Adjustment.

1. 900.4
   In determining whether to approve any extension or enlargement under Subtitle X § 900.3, the Board of Zoning Adjustment shall apply the standards and criteria of the Zoning Regulations to the entire use, rather than to just the proposed extension or enlargement.

1. 901.1
   The Board of Zoning Adjustment will evaluate and either approve or deny a special exception application according to the standards of this section.

1. 901.2
   The Board of Zoning Adjustment is authorized under § 8 of the Zoning Act, D.C. Official Code § 6-641.07(g)(2), to grant special exceptions, as provided in this title, where, in the judgment of the Board of Zoning Adjustment, the special exceptions:

   1. (a)
      Will be in harmony with the general purpose and intent of the Zoning Regulations and Zoning Maps;
   2. (b)
      Will not tend to affect adversely, the use of neighboring property in accordance with the Zoning Regulations and Zoning Maps; and
   3. (c)
      Will meet such special conditions as may be specified in this title.

1. 901.3
   The applicant for a special exception shall have the full burden to prove no undue adverse impact and shall demonstrate such through evidence in the public record. If no evidence is presented in opposition to the case, the applicant shall not be relieved of this responsibility.

1. 901.4
   The Board of Zoning Adjustment may impose requirements pertaining to design, appearance, size, signs, screening, landscaping, lighting, building materials, or other requirements it deems necessary to protect adjacent or nearby property, or to ensure compliance with the intent of the Zoning Regulations.

1. 901.5
   The Board of Zoning Adjustment may impose a term limit on a special exception use when it determines that a subsequent evaluation of the actual impact of the use on neighboring properties is appropriate, but shall consider the reasonable impacts and expectations of the applicant in doing so.

1. 902.1
   An application for a special exception shall meet the requirements of Subtitle Y § 300.

1. 1000.1
   With respect to variances, the Board of Zoning Adjustment has the power under § 8 of the Zoning Act, D.C. Official Code § 6-641.07(g)(3) (formerly codified at D.C. Official Code § 5-424(g)(3) (2012 Repl.)), "[w]here, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original adoption of the regulations, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any regulation adopted under D.C. Official Code §§ 6-641.01 to 6-651.02 would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of the property, to authorize, upon an appeal relating to the property, a variance from the strict application so as to relieve the difficulties or hardship; provided, that the relief can be granted without substantial detriment to the public good and without substantially impairing the intent, purpose, and integrity of the zone plan as embodied in the Zoning Regulations and Map."

1. 1000.2
   Only the owner of the property for which a variance is sought, or an agent authorized by the property owner, may apply for variance relief.

1. 1000.3
   Except for those variances heard by the Zoning Commission as part of any discretionary review process, variance cases are heard by the Board of Zoning Adjustment and follow the procedures of Subtitle Y, Chapter 4.

1. 1001.1
   Variances are classified as area variances or use variances.

1. 1001.2
   An area variance is a request to deviate from an area requirement applicable to the zone district in which the property is located.

1. 1001.3
   Examples of area variances are requests to deviate from:

   1. (a)
      Requirements that affect the size, location, and placement of buildings and other structures such as height and FAR;
   2. (b)
      Minimum parking or loading requirements to an extent greater than what may be permitted by special exception;
   3. (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;
   4. (d)
      Limitations on the alteration or conversion of certain structures on alley lots as stated in Subtitle U § 601; 
   5. (e)
      The prohibition against certain enlargements and additions to nonconforming structures as stated at Subtitle C § 202;
   6. (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
   7. (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(c).

1. 1001.4
   A use variance is a request to permit:

   1. (a)
      A use that is not permitted matter of right or special exception in the zone district where the property is located;
   2. (b)
      A use that is expressly prohibited in the zone district where the property is located; or
   3. (c)
      An expansion of a nonconforming use prohibited by Subtitle C § 204.

1. 1002.1
   The standard for granting a variance, as stated in Subtitle X § 1000.1 differs with respect to use and area variances as follows:

   1. (a)
      An applicant for an area variance must prove that, as a result of the attributes of a specific piece of property described in Subtitle X § 1000.1, the strict application of a zoning regulation would result in peculiar and exceptional practical difficulties to the owner of property; and
   2. (b)
      An applicant for a use variance must prove that, as a result of the attributes of a specific piece of property described in Subtitle X § 1000.1, the strict application of a zoning regulation would result in exceptional and undue hardship upon the owner of the property.

1. 1002.2
   The applicant for a variance shall have the burden of proof to justify the granting of the application according to these standards and shall demonstrate such through evidence in the public record. If no evidence is presented in opposition to the case, the applicant shall not be relieved of this responsibility.

1. 1100.1
   This chapter provides regulations and instructions for the zoning appeals process.

1. 1100.2
   The Board of Zoning Adjustment shall hear and decide zoning appeals where it is alleged by the appellant that there is an error in any order, requirement, decision, determination, or refusal made by the Zoning Administrator or any administrative officer or body, including the Mayor, in the administration or enforcement of the Zoning Regulations.

1. 1100.3
   The Board of Zoning Adjustment has no jurisdiction to hear and decide any appeal or portion of any appeal where the order, requirement, decision, determination, or refusal was not based in whole or in part upon any zoning regulation or map.

1. 1100.4
   Zoning appeals cases are heard by the Board of Zoning Adjustment and follow the procedures of Subtitle Y, Chapter 5.

1. 1100.5
   The zoning appeals governed by this chapter do not involve appeals of orders issued by Administrative Law Judges involving infractions of the Height Act or the Zoning Regulations, which are governed by Subtitle X, Chapter 12.

1. 1101.1
   In exercising its zoning appeal powers, the Board of Zoning Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, determination, or refusal appealed from, or may make such order as may be necessary to carry out its decision or authorization, and to that end shall have all the powers of the officer or body from whom the appeal is taken.

1. 1101.2
   The appellant shall have the burden of proof to justify the granting of the appeal. If no evidence is presented in opposition to the case, the appellant shall not be relieved of this responsibility.

1. 1102.1
   A zoning appeal shall meet the requirements of Subtitle Y § 302.

1. 1200.1
   This chapter provides regulations for the civil infraction appeals process.

1. 1200.2
   The Board of Zoning Adjustment shall entertain and decide civil infraction appeals timely filed by persons aggrieved by orders issued by Administrative Law Judges (ALJ) pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6–42; D.C. Official Code, §§ 6–2701 et seq.) (Civil Infractions Act) involving infractions of the Height Act or of the Zoning Regulations.

1. 1200.3
   Civil infraction cases are decided by the Board of Zoning Adjustment and follow the applicable procedures of Subtitle Y, Chapter 5.

1. 1201.1
   In exercising its civil infraction appeal powers the Board of Zoning Adjustment shall, in conformity with the Civil Infractions Act, make a determination of each appeal on the basis of the record established before the ALJ.

1. 1201.2
   The Board of Zoning Adjustment shall set aside any ALJ’s order that is without observance of procedure required by law or regulations, including any applicable procedure required by Titles I and II of the Civil Infractions Act, D.C. Official Code §§ 2-1801.01 to 2-1802.05, or any administrative law judge or attorney examiner order that is unsupported by a preponderance of the evidence on the record.

1. 1201.3
   The Board of Zoning Adjustment shall apply the rule of harmless error, and shall have the power to affirm, reverse, or modify the order of the ALJ.

1. 1201.4
   The Board of Zoning Adjustment may remand a case for further proceedings before the ALJ.

1. 1201.5
   The Board of Zoning Adjustment shall not modify a monetary sanction imposed by an ALJ if that sanction is within the limits established by law or regulation.

1. 1202.1
   A civil infraction appeal shall meet the requirements of Subtitle Y § 303.

1. 1300.1
   The Zoning Commission will evaluate and approve, disapprove, or modify a text amendment petition according to the standards of this section.

1. 1300.2
   The Zoning Commission shall find that the petition is not inconsistent with the Comprehensive Plan and with other adopted public policies and active programs related to the subject text.

1. 1301.1
   A petition for a text amendment shall meet the requirements of Subtitle Z § 305.