1001. VARIANCE TYPES

VARIANCE TYPES Variances are classified as area variances or use variances. An area variance is a request to deviate from an area requirement applicable to the zone district in which the property is located. Examples of area variances are requests to deviate from: Requirements that affect the size, location, and placement of buildings and other structures such as height and FAR; Minimum parking or loading requirements to an extent greater than what may be permitted by special exception; Limitations on the extent to which the gross floor area of a building may be occupied by a matter of right non-residential use; Limitations on the alteration or conversion of certain structures on alley lots as stated in Subtitle U § 601; for residential uses specifically, the requirements of Subtitle U §§ 600.1(f)(1)-(2); 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. 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 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). A use variance is a request to permit: A use that is not permitted matter of right or special exception in the zone district where the property is located; A use that is expressly prohibited in the zone district where the property is located; or 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); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Procedures 11-X DCMR § 1001