D.C. Mun. Regs. tit. 11, r. 11-920

Current through Register Vol. 71, No. 42, October 18, 2024

Rule 11-920 - USES SUBJECT TO SPECIAL EXCEPTION (W-0) - GENERAL PROVISIONS

920.1

The uses described in §§ 921 through 925 are permitted if approved as special exceptions in the W-0 District.

920.2

Except as provided in § 920.3, applications for special exceptions within the W-0 District shall be heard by the Board of Zoning Adjustment.

920.3

As part of its consideration of a petition or application to zone a property or properties to the W-0 District, the Zoning Commission may also review special exceptions (whether authorized in this chapter or elsewhere in this Title) and variance requests for the subject properties simultaneously with the zoning map amendment application. The Commission's rules of procedure shall apply to such reviews.

920.4

At the time of filing an application with the Commission, the applicant shall pay the filing fee specified in § 3180.1(b)(16) plus such fees as apply to any additional zoning relief requested. The provisions of § 3181 relating to the administration of fees shall apply, except that the applicant may appeal any decision of the Director regarding the fee schedule to the Commission, which shall decide the appeal at a meeting or hearing as a preliminary matter to hearing the application.

920.5

With respect to any special exception use under consideration, the Commission may authorize the following if the applicant is able to demonstrate that application of normally applied zoning regulations would result in an infeasible project and would hinder furtherance of the objectives of the Waterfront District:

(a) An increase of not more than five percent (5%) in the maximum lot occupancy, height, or floor area ratio as otherwise prescribed in this Title. The Commission shall have the option to approve a greater increase if the subject property is surrounded by National Park Service lands; or

(b) A reduction of not more than five percent (5%) of the minimum yard or court requirements as otherwise prescribed in this Title. The Commission shall have the option to approve a greater decrease if the subject property is surrounded by National Park Service lands.

D.C. Mun. Regs. tit. 11, r. 11-920

Final Rulemaking published at 51 DCR 3440 (April 2, 2004); as amended by Final Rulemaking published at 52 DCR 6358 (July 8, 2005)

Authority: The Zoning Commission for the District of Columbia (the "Commission"), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 and 6-641.0 ).