D.C. Code § 2-1226.39: Exemptions to requirements.

(a)

The DDOE may grant, upon a showing of good cause, an exemption from a requirement of this part, in whole or in part, if:

(1)

The substantial weight of the evidence is of a practical infeasibility or hardship of meeting the requirement; and

(2)

The public interest would be better served by the exemption.

(b)

When considering a request for an exemption, the DDOE may consider alternative measures proposed by the applicant.

(c)

The DDOE shall give notice of any exemption granted pursuant to this section to the Council and affected Advisory Neighborhood Commission no less than 10 days from the date the exemption is granted. Notice of the exemption shall be published in the District of Columbia Register before the exemption may take effect.

(d)

(1)

For any project on the development site, as defined in § 10-1605.01(11), DDOE may grant an exemption pursuant to subsections (a) and (b) of this section; except, that DDOE shall transmit the exemption to the Council for approval, for a 30-day period of review, excluding days of Council recess.

(2)

The Council shall be deemed to have approved the exemption under this subsection if, during the 30-day period, no member introduces a resolution disapproving the exemption. If a member introduces a resolution disapproving the exemption within the 30-day period, the Council shall have an additional 30 days, excluding days of Council recess, to disapprove the exemption by resolution, or it will be deemed approved.