In Washington, D.C., the Zoning Administrator will have more flexibility to approve minor deviations from plans approved by the Board of Zoning Adjustment (BZA) under pending changes to the Zoning Regulations proposed in Zoning Commission (Z.C.) Case No. 25-12.
As part of the Omnibus Text Amendment filed by the Office of Planning in Z.C. Case No. 25-12, Subtitle A, Section 304.10 of the Zoning Regulations would be amended to expand the "2 percent threshold" for administrative approval of minor modifications to approved plans as follows:
- The Zoning Administrator's authority to grant a 2 percent deviation of the building gross floor area, percentage of lot occupancy, building height, or penthouse or rooftop structure height is no longer limited to cases where the deviation is the direct result of the structural or building code requirements.
- The Zoning Administrator may approve an increase or decrease in the number of parking or loading spaces of up to 2 percent or one space, whichever is greater.
- The Zoning Administrator may approve an increase in the number of dwelling units or hotel rooms within the approved square footage of up to 2 percent or one unit, whichever is greater.
The proposed amendments also permit a change in the use of a property from what was approved by the BZA, provided that 1) the new use is permitted as a matter of right in the zone and 2) residential uses in the approved BZA plans maintain the required inclusionary zoning set aside.
The proposed changes to Subtitle A, Section 304.10 are as follows:
304.10 For building permits that are authorized by an order of the Board of Zoning Adjustment (the Order), the Zoning Administrator, following receipt of a request made pursuant to Subtitle A § 304.11, is authorized to permit modifications to approved plans in addition to those modifications specifically authorized pursuant to flexibility granted by the Order if the Zoning Administrator determines that the proposed modifications are consistent with the intent of the Board of Zoning Adjustment Order,and the modifications would not:
a) Violate any condition of approval included in the Order;
b) Increase, expand, or extend any area of relief granted by the Order;
c) Create any need for new relief;
d) Change a
principal use from
that approved in the Order,
provided:
1. The use may change to another use permitted as a matter of right in the zone; and
2. Notwithstanding paragraph (1) of this subsection, residential usessubject to the Inclusionary Zoning provisions where the approved plans utilize bonus density or zoning modifications pursuant to Subtitle C, Section 1002 must maintain the Inclusionary Zoning set- aside;
e) Increase the number of stories;
f) Increase by more than two percent
(2%) the building gross floor area, the percentage of lot
occupancy, building height, or penthouse or rooftop structure
height ; provided that the permitted
increase of two percent (2%) or less must be the direct result of
structural or building code
requirements;
g) Notwithstanding
subsection (d),
Increase
increase by more than two percent (2%) or
one (1) unit, whichever is greater, the number of dwelling
units orhotel rooms,
or institutional rooms,within the approved square
footage; or
h) Increase or decrease by more than two percent (2%) or one space, whichever is greater, the number of parking or loading spaces depicted on the approved
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