1002. VARIANCE REVIEW STANDARDS

VARIANCE REVIEW STANDARDS The standard for granting a variance, as stated in Subtitle X § 1000.1 differs with respect to use and area variances as follows: 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 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. 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. SOURCE: Final Rulemaking published at 63 DCR 2447, 3454 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Procedures 11-X DCMR § 1002