5200. GENERAL PROVISIONS

5200 GENERAL PROVISIONS 5200.1 Except for density, height, and penthouse and rooftop structure, the Board of Zoning Adjustment may grant relief from the development standards of this subtitle, as a special exception subject to the criteria at Subtitle X, Chapter 9. 5200.2 Requested relief that does not comply with specific conditions or limitations of a special exception authorized by this subtitle shall be processed as a variance pursuant to Subtitle X, Chapter 10. 5200.3 Notwithstanding Subtitle G § 5200.1, the Board of Zoning Adjustment may grant as a special exception under Subtitle X, Chapter 9, and subject to the conditions of this subsection, a maximum building height of up to forty feet (40 ft.) and four (4) stories for a new or enlarged building on an Alley Record Lot, subject to the following conditions: (a) The proposed building shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, in particular: (1) The light and air available to abutting or adjacent properties shall not be unduly affected; (2) The privacy of use and enjoyment of abutting or adjacent properties shall not be unduly compromised; and (3) The proposed building, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale and pattern of nearby buildings to a degree that would substantially adversely affect the use or enjoyment of any abutting or adjacent property; (b) In demonstrating compliance with paragraph (a), the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the proposed building’s height to abutting or adjacent buildings and views from public ways; and (c) The Board of Zoning Adjustment may require special treatment in the way of design, screening, exterior or interior lighting, building materials, or other features for the protection of adjacent or nearby properties, or to maintain the general character of the nearby area. SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 5200