BZA Application Frequently Asked Questions

All applications are submitted through the Office of Zoning's online application portal, the Interactive Zoning Information System (IZIS). Before filing an application, you will need to create a free account with your email address and a password. After your account is created you can use IZIS to create an application, add additional documents and check the status of your case.

You can access IZIS through OZ's website at: https://dcoz.dc.gov/service/interactive-zoning-information-system and/or https://app.dcoz.dc.gov/Home/IZIS

1. Form 120 - Special Exception/Variance Application (automatically generated in IZIS)
2. One of the following:
   • Form 135 - Self-certification (signed by D.C. licensed architect or attorney) or;
   • Zoning referral memo (to be obtained from Zoning Administrator's office at the Department of Buildings (DOB))
3. Three (3) or more color photographs/images of the subject property. In cases of an existing structure, photographs/images must depict the front, sides, and rear of all existing structure(s).
4. Site plan, drawn to scale on a D.C. Surveyor's plat (to be obtained from the DC Surveyor's Office)
5. List of names and mailing addresses of owners within 200 ft. (may be obtained through Office of Tax and Revenue at https://mytax.dc.gov/_/ )
6. List of names and addresses of any lessees/tenants holding a lease on the property (if applicable)
7. Statement of Existing and Intended Use
8. Burden of Proof Statement explaining how the variance and/or special exception standards are met
9. Copy of current and/or prior Certificates of Occupancy or other documentation showing the current use of the property (if applicable)
10. Statement of Public Outreach to the affected ANC(s), neighbors and neighboring community/civic associations;
11. Plans/Elevations (if construction proposed)
12. Letter of authorization (if necessary)
13. Resume of any expert witnesses testifying (if applicable)
14. Written summary of the testimony of witnesses (if applicable)
15. Letter of Certification/Certification of Proficiency
16. Certificate of Service to the affected ANC(s) and Office of Planning (OP)

A Zoning Memorandum is a document produced by the Zoning Administrator's Office at the Department of Buildings (DOB) which details the zoning relief required for a given process. It is created following the applicant's meeting with a zoning technician and typically takes about a month to be issued.

An alternative method is Self-Certification. This method requires a D.C. licensed architect or D.C. barred attorney to complete BZA Form-135 which explains what zoning relief is needed for a given project. This method tends to be faster, but it does require the applicant to engage an attorney or architect.

The burden of proof statement should include a brief description of your proposed project, why it requires zoning relief, and which sections of the code apply. From there, you will need to explain how your project meets the special exception or variance criteria. These requirements are found at Subtitle X § 901.2 (for Special Exceptions) and Subtitle X § 1002.1 (for Variances). In addition to these general requirements, certain special exceptions also have additional criteria that the applicant must address.

If you have questions regarding which sections of the code you will need to demonstrate compliance with, please contact the Office of Zoning.

Not necessarily. If you decide to self-certify, then you will need to work with either a D.C. licensed architect or attorney to complete the self-certification form.

Application fees vary depending on the type of zoning relief sought and the individual fees are listed on the Fee Calculator section of the BZA Form-120 Special Exception/Variance application, or in Subtitle Y, Chapter 16 of 11 DCMR (District of Columbia Municipal Regulations - Zoning Regulations of 2016). Most standard special exceptions are $1,560 and most variances are $1,040. Notably, the fee for owner-occupied, one-family dwellings and flats (both special exceptions and variances) is only $325.

Expedited Review allows applications for certain special exceptions to be heard as meeting cases and not in a full hearing. However, it does not expedite the scheduling of a meeting date. For more information, and to find out more on if your prospective BZA application would qualify for Expedited Review, please contact the Office of Zoning.

After your application is submitted the Office of Zoning has five (5) business days to review it for completeness and consistency. If the application is found to be deficient (e.g. missing documents, incomplete burden of proof statement, etc.) you will receive an email through IZIS informing you of the deficiencies, and the application will be returned to you via your IZIS account. You will have five (5) business days to correct the deficiencies and resubmit the application.

After your application is accepted as complete you will need to bring in the following to the Office of Zoning:

• Two (2) sets of names and addresses of the property owners within 200ft of the subject property, printed legibly on adhesive mailing labels
• Two (2) sets of names and addresses of any lessees (leaseholders) or tenants of the subject property, printed legibly on adhesive mailing labels (if applicable)
• A check, made out to the D.C. Treasurer, for the application fee. Additionally, the Office of Zoning now offers you the option of paying the application fee by credit/debit card, via your IZIS account

The certificate of service simply needs to state that copies of the application were sent (or served) to the affected Advisory Neighborhood Commission(s) (ANC(s) and Office of Planning noting the day on which service was performed (the day the application was sent) and by what method of delivery. Hand delivery/courier, USPS, FedEx/UPS and electronic or e-mail are all appropriate methods of service.

If you do not know your ANC, you can find it by inputting your address in the DC Zoning Map: https://maps.dcoz.dc.gov/zr16/

The Zoning Map will provide contact information for your ANC in addition to other relevant zoning information.

Please note: if your property is located on a street that serves as a boundary line between two ANCs, both ANCs are considered the "Affected" ANC and should be served all application materials.

If sending your Application package to the Office of Planning via USPS, hand delivery/courier, USPS, FedEx/UPS, your application package should be sent to:

Office of Planning - Development Review
Attn: Joel Lawson, Associate Director
1100 4th Street S.W., Suite E650
Washington, DC 20024

It typically is about three (3) months between when an application is accepted and the public hearing/meeting. This timing can change based on the Board's case load and scheduling constraints.

Before your public meeting/hearing date you should make all efforts (if you haven’t already done so) to contact your ANC in order to get on the ANC agenda to present your project. After the ANC hears your presentation, they may vote to support or not support your application and submit a report to your case record.

In addition to meeting with your ANC you should also try to meet with the adjacent property owners, and any other community stakeholders. If possible, you should try and obtain letters from these neighbors stating when you met with them and their confirmation that they are in support of the project.

If your BZA application is scheduled for a public hearing, you are encouraged to register to testify prior to the public hearing date, via the Office of Zoning Witness sign-up Kiosk here https://app.dcoz.dc.gov/Home/Kiosk

If you have not met with your ANC and have nothing in the record which demonstrates conversations you have had with them, there is the risk that if you proceed with your scheduled hearing date that the Board may postpone your meeting/hearing until they receive the ANC report.

You can proceed with your scheduled meeting/hearing at your risk, or you can submit a motion to postpone the meeting/hearing to the record and your case will be postponed to a later date.

You must post notice of your public hearing/meeting on each street frontage of the subject property a minimum of fifteen (15) calendar days prior to your scheduled hearing or meeting. You can obtain the Notice of Public Hearing/Meeting signs from the Office of Zoning at any time after your case is scheduled.

To obtain your poster, please call the main Office of Zoning number (202-727-6311) and provide the staff with your case number and arrange a time to come into our office and obtain your signs.

Board of Zoning Adjustment Public Hearings/Meetings are now held virtually via Webex web-conferencing and convene at 9:30 AM on most Wednesdays throughout the year. If your case is being heard as a meeting case, then the board will simply deliberate and vote on the matter. You will not be required to provide any testimony before the Board.

If your case is being heard in a full hearing, then you will be required to make a presentation to the Board explaining your project and how you meet the burden of proof criteria. The Board will then have a chance to ask you questions about your application. The representative from the Office of Planning will also be asked to present their findings. If the ANC is present, the ANC will also have the opportunity to provide testimony regarding the application. After the project has been presented, the Board will then open the floor to individuals and organizations either in support or opposition who want to present testimony. If other persons/entities have filed for, and been granted party status, those persons/entities will also have the opportunity to present independently before the Board and to ask questions of you and the Office of Planning.

At the conclusion of testimony, the Board will deliberate and determine what action they wish to take. Your case could be approved or denied. The Board can also postpone a decision to a later meeting/hearing in order to obtain additional information or documents.

If the Board approves your application, it will then issue an order formalizing this decision. This order will be sent via email to you or your agent and posted to your case record on IZIS. Once you receive this order you can then proceed with obtaining your building permits or Certificate of Occupancy from the Department of Buildings (DOB).

If your case is denied you have several options. You can submit a motion for reconsideration to the Board ten (10) days after you receive your final order. However, this motion needs to be based on an error that the Board made in deciding the case and not simply dissatisfaction with the outcome.

You also can appeal the decision to the D.C. Courts.

Finally, you can refile the application. However, if the new application is based on the same facts as the original application you will need to wait a year from the effective date of the denial order before refiling.