Frequently Asked Questions

The New Zoning Code offers different ways to get relief from regulations, each with its own rules. To find out what your options are, check the "Relief" Subsection within the Section for the specific rule (typically either Subsection E. or F.) you're interested in. This Subsection will tell you what kind of relief might be possible and what degree of flexibility is available. The majority of Relief options are called Quasi-Judicial Decisions and involve the exercise of discretion by the decision-making body, which requires a weighing of evidence, an application of rules, regulations and ordinances to facts and a resolution of specific issues. Requests for Relief require the filing of an application - along with required fees - and may involve a public hearing (unless the hearing is waived).

Here are some common relief options you might find, and what they typically require:

• Alternative Compliance: This option allows for flexibility in how you meet the intent (goals) of a rule. The Director of Planning may grant alternative compliance if your proposed alternative still fulfills or exceeds the intent of the rule.
• Adjustments: An Adjustment is a minor modification to a rule that involves a specific number or measurement. The Director of Planning can grant an adjustment if strictly applying the rule would be impractical.
• Variances: A Variance allows you to deviate from the strict requirements of the New Zoning Code if a Zoning Administrator finds that following them would cause practical difficulty or unnecessary hardship and that special circumstances apply to the property (among other findings).

Important Notes:

• The New Zoning Code can be complex, and getting relief from regulations can be tricky.
• Always start by checking the "Relief" subsection of the specific rule you're working with to see what options are available.
• Next, check the related Code text in Part 13B (Processes & Procedures) for the full procedural regulations for that type of Relief, such as notification requirements, the core required findings, appeal procedures, and modification procedures.
• In limited circumstances, a particular request for Relief might specify differences from the standard procedures, such as different findings or notification procedures.
• If you require assistance navigating the process, each of the Department of City Planning’s Development Services Centers serves as a single portal and point of consultation for project applications.