Title 11 DCMR — ZONING REGULATIONS OF 2016

11-A AUTHORITY AND APPLICABILITY

11-A1 INTRODUCTION TO TITLE 11

11-A DCMR § 100 ENACTMENT AND TITLE

ENACTMENT AND TITLE

The Zoning Commission for the District of Columbia, pursuant to authority conferred by Congress under the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code §§ 6-641.01 to 6-641.15 (hereafter, the Zoning Act), after public notice and hearing prescribed by law, does hereby establish and adopt these regulations (2016 Regulations) and the Zoning Maps accompanying them to supersede in full the zoning regulations and the Zoning Maps, as originally adopted on, and effective as of 12:01 a.m. May 12, 1958 (1958 Regulations), as amended, and that are hereby repealed.

Title 11 is organized into a series of subtitles consisting of the Zoning Regulations and the Administrative Regulations.

These regulations and the Zoning Maps (as adopted) became effective at 12:01 A.M. September 6, 2016.

The 1958 Regulations, as amended, shall continue in full force and effect as follows:

With respect to any construction or occupancy authorized under this title;

With respect to any right accrued, any duty imposed, any offense committed, any penalty incurred, or any proceeding commenced under or by virtue of the regulations repealed; and

With respect to any civil suit, action, or proceeding pending to enforce any right under the authority of the regulations repealed, any suit, action, or proceeding shall proceed with, and conclude under, the regulations in existence when the suit, action, or proceeding was instituted.

100.5 The long title of Title 11, as adopted, shall be as follows:

REGULATIONS CONTROLLING AND RESTRICTING THE HEIGHT, BULK, NUMBER OF STORIES, AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE OPEN SPACES AROUND THEM, THE DENSITY OF POPULATION, AND THE USES OF BUILDINGS, STRUCTURES, AND LAND IN THE DISTRICT OF COLUMBIA, AND FOR SAID PURPOSES DIVIDING THE DISTRICT OF COLUMBIA INTO ZONING DISTRICTS.

100.6 The regulations in this title shall be composed of the Zoning Regulations and the Administrative Regulations, and may be cited by the short title of the "Zoning Regulations of the District of Columbia."

Zoning shall be designated after public hearing in the manner prescribed by the Zoning Act).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 100

11-A DCMR § 101 INTERPRETATION AND APPLICATION

101.1 In their interpretation and application, the provisions of this title shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals, convenience, order, prosperity, and general welfare to:

Provide adequate light and air;

Prevent undue concentration of population and the overcrowding of land; and

Provide distribution of population, business and industry, and use of land that will tend to create conditions favorable to transportation, protection of property, civic activity, and recreational, educational, and cultural opportunities; and that will tend to further economy and efficiency in the supply of public services.

The regulations in this title and the Zoning Maps are designed with consideration of the:

Character of the respective zones;

Suitability of each zone for the uses permitted in each zone under this title;

Encouragement of the stability of zones and of land values in those zones; and

Requirement that zoning shall not be inconsistent with the Comprehensive Plan for the National Capital.

101.3 The provisions of this title shall govern whenever they:

Require larger setbacks, courts, or other open spaces;

Require a lower height or bulk of buildings or a smaller number of stories;

Require a greater percentage of lot to be unoccupied; or

Impose other higher standards than are required in or under any statute or by any other municipal regulations.

101.4 The provisions of any statute or other municipal regulations shall govern whenever they:

Require larger yards, courts, or other open spaces;

Require a lower height or bulk of buildings or a smaller number of stories;

Require a greater percentage of lot to be unoccupied; or

Impose higher standards than are required by this title.

No building, structure, or premises shall be used, and no building, structure, or part of a building or structure shall be constructed, extended, moved, structurally altered, or enlarged except in conformity with this title.

Where a lot is divided, the division shall be effected in a manner that will not violate the provisions of this title for yards, courts, other open space, minimum lot width, minimum lot area, floor area ratio, percentage of lot occupancy, parking spaces, or loading berths applicable to that lot or any lot created.

If any section or provision of this title, or any boundary of any zone on the Zoning Maps adopted under this title, is decided by the courts to be unconstitutional or invalid, that decision shall not affect the validity of the regulations and the Zoning Maps as a whole or any part of the regulations or maps, other than the part determined to be unconstitutional or invalid.

101.8 For the purpose of reference to zone districts in any statute or other municipal regulations not included within this title, the following cross references are offered.

101.9 The following zones are considered residential zones:

(a) Residential House (R) zones;

(b) Residential Flat (RF) zones;

(d) CG-1, Capitol Gateway (CG) zone;

(e) D-1, Downtown (D) zone; and

(f) Barry Farm (BF) zones.

101.10 The following zones are considered mixed-use zones or special purpose zones:

(a) Mixed-Use Uptown Arts (ARTS) zones;

(b) Capitol Gateway (CG) zones, except CG-1;

(d) Hill East (HE) zones;

(e) Mixed-Use (MU) zones;

(f) Navy Yard East (NYE) zones;

(g) Neighborhood Mixed-Use (NMU) zones;

(h) North Howard Road (NHR) zone;

(i) Southeast Federal Center (SEFC) zones;

(j) Saint Elizabeths East Campus (StE) zones;

(k) Union Station North (USN) zones; and

(l) Walter Reed (WR) zones.

101.11 Production, Distribution, and Repair (PDR) zones are considered industrial zones.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 014144 (December 31, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 72 DCR 006195 (May 23, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 101

11-A DCMR § 102 VESTED RIGHTS UNDER THE PREVIOUS 1958 ZONING REGULATIONS, AS AMENDED.

102.1 A project identified within this section shall be considered to have vested development rights (vested project) subject to the provisions and requirements of the 1958 Zoning Regulations, any conditions of approval, and subject to the conditions of Subtitle A §§ 102.4 through 102.7.

An application for a building permit that has been officially accepted by the Department of Consumer and Regulatory Affairs as being complete prior to the effective date of this title, if the building permit plans are consistent with the 1958 Regulations, shall be considered a vested project.

An application for a building permit filed on or after the effective date of this title shall be considered a vested project if the building permit plans are consistent with:

An unexpired approval of a first-stage, second-stage, or consolidated planned unit development; variance; special exception; campus plan; design review in the CG or SEFC zones; or concept design by the Historic Preservation Review Board or Commission of Fine Arts; provided, the vote to approve occurred prior to the effective date of this title;

An unexpired approval of a variance, special exception, or design review in the CG or SEFC zones granted on or after the effective date of this title, for which a public hearing was held prior to the effective date of this title;

An unexpired approval of a first-stage, second-stage, or consolidated planned unit development that was granted after the effective date of this title, but which was set down for a public hearing prior to the effective date of this title; or

A large tract review completed prior to January 1, 2015.

102.4 An application to the Board of Zoning Adjustment or the Zoning Commission for a modification (other than a minor modification) to a vested project shall conform with the 2016 Regulations as the 2016 Regulations apply to the requested modification.

Any condition in an order of approval for a vested project identified within this section shall be considered binding despite any less restrictive requirements under the 2016 Regulations unless otherwise approved as a modification by the regulating authority.

A project that utilizes vested rights under the 1958 Regulations shall be subject only to the provisions of the 1958 Regulations, unless approved as a modification by the regulating authority.

An approved amendment to a vested project that includes a physical building or structural addition shall be subject to the regulations in effect at the time of issuance of a building permit.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as corrected by Errata Notice published at 63 DCR 11652 (September 23, 2016); as amended by Final Rulemaking published at 64 DCR 2783 (March 17, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 102

11-A2 ADMINISTRATIVE AND ZONING REGULATIONS

11-A DCMR § 200 CODE ORGANIZATION

CODE ORGANIZATION

Title 11 is organized into a series of subtitles consisting of the Zoning Regulations and the Administrative Regulations.

The Zoning Regulations consist of:

Subtitle B - Definitions, Use Categories, and Rules of Measurement;

Subtitle C - General Rules;

Subtitle D - Residential House (R) Zones;

Subtitle E - Residential Flat (RF) Zones;

Subtitle F - Residential Apartment (RA) Zones;

Subtitle G - Mixed-Use (MU) Zones;

Subtitle H - Neighborhood Mixed-Use (NMU) Zones;

Subtitle I - Downtown (D) Zones;

Subtitle J - Production, Distribution, and Repair (PDR) Zones;

Subtitle K - Special Purpose Zones;

Subtitle U - Uses; and

Subtitle W - Specific Zone Boundaries.

The Administrative Regulations consist of:

Subtitle A - Authority and Applicability;

Subtitle X - General Procedures;

Subtitle Y - Board of Zoning Adjustment Rules of Practice and Procedure; and

Subtitle Z - Zoning Commission Rules of Practice and Procedure.

The land use subtitles are Subtitles D, E, F, G, H, I, J, K, U, and W of this title.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 200

11-A DCMR § 201 RELATIONSHIP OF GENERAL SUBTITLES TO LAND USE SUBTITLES

The general regulations of Subtitle C are to be read in concert with the specific use category regulations of each land use subtitle, including tables which identify use requirements, permissions, conditions, and exceptions specific to each zone.

The land use subtitles are to be read and applied in addition to the regulations included as a part of:

Subtitle A - Authority and Applicability;

Subtitle B - Definitions, Use Categories, and Rules of Measurement;

Subtitle C - General Rules; and

Subtitle U - Uses.

When a provision of a land use subtitle modifies or supersedes a provision contained in Subtitle C, the land use subtitle shall govern.

Where there is a conflict between a land use subtitle and the regulations of Subtitle C regarding the same regulatory topic, the land use subtitle shall govern unless otherwise stated.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 201

11-A DCMR § 202 ZONES

202.1 For the purpose of this title, the District of Columbia shall be divided into the following zone districts:

Residential House (R) – low-density single dwelling unit residential;

Residential Flat (RF) - row dwelling zones for two (2) to four (4) units;

Residential Apartment (RA) - general apartments;

Mixed-Use (MU) and Neighborhood Mixed-Use (NMU) – mixed-use commercial-residential zones;

Downtown (D) - central business and high-density mixed-use commercial-residential;

Production, Distribution, and Repair (PDR); and

Special Purpose zones for areas tied to a unique development plan.

The zones shall be as shown, defined, and bounded on the Zoning Map.

Subtitle W contains specific zone location information, including square and lot for certain zone districts with defined geographical boundaries.

202.4 Geographically modified zones are indicated by letters following the base zone name.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 202

11-A DCMR § 203 DEVELOPMENT STANDARDS

203.1 The development standards for a zone shall be determined by the combination of the general rules in Subtitle C, general standards in each land use subtitle, and base zone-specific regulations as stated in the development standard tables and text in each land use subtitle.

203.2 Development standards for geographically modified zones shall always be those of the base zone unless otherwise modified by a specific geographically modified zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 203

11-A DCMR § 204 USE PERMISSIONS

204.1 Subtitle U contains use permissions for R, RF, RA, MU, ARTS, D and PDR zones. Use permissions for all other zones are contained in their respective subtitles.

204.2 Subtitle B contains use definitions, use categories, and use groups.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 204

11-A DCMR § 205 ZONING MAP

ZONING MAP

The official Zoning Map of the District of Columbia shall be the zoning map that is produced and maintained by the Office of Zoning effective on the effective date of this title.

The zoning map shall be available for public access from the Office of Zoning, either on paper or electronically.

The official Zoning Map and all explanatory material on the map shall be incorporated by reference and made a part of this title.

In addition to the official Zoning Map, a printable electronic summary extract of the official Zoning Map shall be prepared quarterly, published on the Office of Zoning’s website, and made available to the public for printing upon request.

The electronic summary extract of the official Zoning Map shall not supersede the official Zoning Map, but shall be prepared for the purpose of guidance only.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 205

11-A DCMR § 206 ZONE BOUNDARY LINES

ZONE BOUNDARY LINES

The zone boundaries shall be shown on each section of the Zoning Map.

The scale of the Zoning Map and the dimensions entered on the map shall be shown on each section of the map to serve as guides.

Dimensioned zone boundaries showing on the Zoning Map are intended to coincide generally with lot lines. Where a dimensional boundary line coincides within one foot (1 ft.) or less with a lot line of a lot of record on May 12, 1958, that boundary line shall be construed to be the lot line at that location.

Whenever a portion of any zone is indicated as a strip paralleling an opened or unopened street, the width of this strip, unless delimited by lot lines or otherwise dimensioned, shall be assumed to be one hundred feet (100 ft.) measured at a right angle from the nearest street to which it is parallel and adjacent.

In all other cases, the zone boundary lines shall be intended to follow existing lot lines, the center lines of streets, alleys (including any closed streets or alleys not previously zoned), and natural water courses.

In the case of tidal water areas, the zone boundary shall be either the mean high water level or the established pierhead lines, whichever gives the greatest control.

In cases of disagreement or uncertainty existing as to the exact location of a zone boundary line, the Board of Zoning Adjustment, upon appeal filed in accordance with Subtitle Y, shall determine the exact location of the boundary.

206.8 For rules determining density and use provisions for a split zoned lot, refer to Subtitle C GENERAL RULES Chapter 16 ZONE BOUNDARY LINE CROSSING A LOT

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 206

11-A DCMR § 207 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 207

11-A DCMR § 208 APPLICABILITY OF ZONING ON GOVERNMENT OWNED LAND

APPLICABILITY OF ZONING ON GOVERNMENT OWNED LAND

The following government properties shall not be considered included in any zone:

Properties owned by the Government of the United States and used for or intended to be used for a Federal public building or use;

Properties owned by the government of the District of Columbia in the Central Area (as set forth in D.C. Official Code § 2-1004(c); and

Any District of Columbia governmental land or building uses that were either in existence or were substantially planned, documented, and invested in prior to May 23, 1990.

Any change or expansion in the use of land or buildings or any new construction or additions to buildings on the properties referenced in Subtitle A § 208.1(c) of this section shall be subject to zoning.

Properties acquired by the government of the United States and properties in the Central Area acquired by the government of the District of Columbia which are intended to be used for public building or use shall become automatically unzoned.

District of Columbia public buildings in the Central Area shall be exempt from zoning but shall continue to require approval of the National Capital Planning Commission, pursuant to § 5(c) of the National Capital Planning Act of 1952, approved July 10, 1952 (66 Stat. 781, 788; D.C. Official Code § 2-1004(c)).

All properties of the District of Columbia Government not otherwise exempt by this section shall be subject to zoning.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 208

11-A DCMR § 209 RESTRICTIONS ON UNZONED LAND

RESTRICTIONS ON UNZONED LAND

No building permit or certificate of occupancy shall be issued nor proceeding instituted before the Board of Zoning Adjustment, nor shall any property in private ownership be used for any purpose until after the Zoning Commission has designated zoning for the property, except as may otherwise be authorized by the Zoning Commission as a map or text amendment.

209.2 Nothing in this chapter shall prevent the following:

(a) Minor repairs and alterations to buildings and structures for which no building permit is required under the D.C. Construction Code Supplements;

(b) A caretaker from residing on property formerly owned by the Government of the United States, or property in the Central Area formerly owned by the government of the District of Columbia, for which zoning has not been designated, for the purpose of maintaining and preventing the deterioration of the premises; or

(c) Installation and use of playing fields and associated accessory structures to support such fields on the unzoned property comprising and abutting the Robert F. Kennedy Memorial Stadium, more specifically known as Parcel 149, Lots 65 and 66, subject to the following:

(1) Four (4) accessory structures shall be permitted: a visitor building, a storage building, and two (2) restroom facilities. Each permitted accessory structure shall not exceed a maximum height of twenty feet (20 ft.) and one (1) story, and a maximum gross floor area of one thousand square feet (1,000 sq. ft.);

(2) Three (3) shade structures shall be permitted, provided that any individual shade structure shall not exceed a maximum height of twenty feet (20 ft.) and one (1) story, and a maximum gross floor area of six hundred and fifty square feet (650 sq. ft.); and

(3) In addition to the four (4) accessory structures listed in subparagraph (1) of this paragraph, and the shade structures listed in subparagraph (2) of this paragraph, an unenclosed pavilion shall be permitted and used provided the Zoning Commission finds that said structure, as designed, meets the standard of Subtitle X, Chapter 6, other than Subtitle X § 604.8. The pavilion shall be either covered or uncovered and shall have a footprint no greater than six thousand square feet (6,000 sq. ft.). If covered, a canopy no greater than thirty feet (30 ft.) in height may be installed.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 11937 (October 26, 2018); as amended by Final Rulemaking published at 68 DCR 3804 (April 9, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 209

11-A DCMR § 210 AMENDMENTS

AMENDMENTS

210.1 As provided in the Zoning Act, the Zoning Commission may from time to time amend any part or all of the regulations in this title and the Zoning Maps adopted in this title.

Amendments to this title or the Zoning Maps may be proposed by any of the following:

The owner of property for which amendments are proposed;

The Zoning Commission;

The National Capital Planning Commission;

The Office of Planning;

Any other department of the District of Columbia or Federal Government;

An Advisory Neighborhood Commission; or

Private persons.

[RESERVED]

The Director of the Office of Zoning shall adopt a form of application, and establish the number of copies, the required supporting data to accompany each application, and the time and manner of filing all applications.

The Director of the Office of Zoning may from time to time amend the form of application, number of copies, the required supporting data, and the time and manner of filing by announcing at a public hearing and posting a notice of the change in the Office of Zoning without any advance notice and without amending the provisions of this title.

Before adopting any proposed amendment to this title or the Zoning Maps, the Zoning Commission shall submit the proposed amendment to the Office of Planning for opinion or report; provided, that if the Office of Planning fails to transmit its opinion or report to the Zoning Commission within the period specified in Subtitle A § 211.1, the Zoning Commission may proceed to take final action on the amendment.

Before adopting any proposed amendment to this title or the Zoning Maps, the Zoning Commission shall hold a public hearing on the proposed amendment in accordance with Subtitle Z §§ 408 and 506.

The hearing notice shall include a general summary of the proposed amendment to this title and the boundaries of any territory included in the proposed amendment to the Zoning Map.

Notice of the hearing shall be given in accordance with Subtitle Z §§ 402 and 502. The Zoning Commission shall give additional notice of the hearing as it deems feasible and practicable.

Any amendment to this title or the Zoning Maps shall require the favorable vote of not less than a majority of the full membership of the Zoning Commission.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 210

11-A DCMR § 211 REFERRALS TO OTHER AGENCIES

REFERRALS TO OTHER AGENCIES

Where the provisions of this title provide for the referral of an application to another public agency for review and report, a period of forty (40) days from the date of the submission shall be allowed, unless a different period is stated specifically in this title or is requested by the Zoning Commission.

The period of time may be extended for an additional forty (40) days upon the mutual agreement of all agencies involved.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 211

11-A3 ADMINISTRATION AND ENFORCEMENT

11-A DCMR § 300 AUTHORITY

AUTHORITY

In accordance with § 11 of the Zoning Act, the Mayor shall administer and enforce the Zoning Regulations.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 300

11-A DCMR § 301 BUILDING PERMITS

Except as provided in Subtitle A §§ 301.5 and 301.7, a building permit shall not be issued for the proposed erection, construction, conversion, or alteration of any structure unless the plans for the erection, construction, conversion, or alteration fully conform to the provisions of this title.

To determine compliance with the provisions of this title, each application for a building permit shall be accompanied by any of the following that is deemed necessary:

Scaled drawings showing the:

(1) Exact shape, topography, and dimensions of the lot to be built upon;

Plan, elevation, and location by dimensions of all existing and proposed structures, and the proposed use of those structures;

Parking and loading plans and the basis for computation of those plans; and

Other information necessary to determine compliance with this title; and

An official building plat, in duplicate, prepared by the Surveyor of the District of Columbia, upon which the applicant shall indicate in ink and to the same scale dimensions:

All existing and proposed structures;

The number, size, and shape of all open parking spaces, open loading berths, and approaches to all parking and loading facilities; and

Other information necessary to determine compliance with the provisions of this title.

Except as provided in the building lot control regulations for Residence Districts in Subtitle C and § 5 of An Act to amend an Act of Congress approved March 2, 1893, entitled “An Act to provide a permanent system of highways in that part of the District of Columbia lying outside of cities,” and for other purposes, approved June 28, 1898 (30 Stat. 519, 520, as amended; D.C. Official Code § 9-101.05), a building permit shall not be issued for the proposed erection, construction, or conversion of any principal structure, or for any addition to any principal structure, unless the land for the proposed erection, construction, or conversion has been divided so that each structure will be on a separate lot of record; except a building permit may be issued for:

Buildings and structures related to a fixed right-of-way mass transit system approved by the Council of the District of Columbia;

Boathouse, yacht club, or marina that fronts on a public body of water, is otherwise surrounded by public park land, and is zoned MU-11;

Any combination of commercial occupancies separated in their entirety, erected, or maintained in a single ownership shall be considered as one (1) structure;

Trapeze school and aerial performing arts center to be constructed pursuant to Subtitle K;

A structure in the USN zone to be constructed on an air rights lot that is not a lot of record;

Buildings and structures approved as part of a campus or private school plan or medical campus plan; and

Playing fields and associated accessory structures to support such fields and, if permitted by the Zoning Commission, an unenclosed pavilion, on the unzoned property comprising and abutting the Robert F. Kennedy Memorial Stadium, subject to Subtitle A § 209.2(c); and

Buildings and structures within the SEFC-4 Zone District pursuant to Subtitle K, Chapter 2.

301.4 Except as provided in Subtitle A §§ 301.9 through 301.15, any construction authorized by a permit may be carried to completion pursuant to the provisions of this title in effect on the date that the permit is issued, subject to the following conditions:

(a) The permit holder shall begin construction work within two (2) years of the date on which the permit is issued; and

(b) Any amendment of the permit shall comply with the provisions of this title in effect on the date the permit is amended.

If an application for a type of building permit enumerated in Subtitle A § 301.6 is filed when the Zoning Commission has pending before it a proceeding to consider an amendment of the zone classification of the site of the proposed construction, the processing of the application and the completion of work pursuant to the permit shall be governed as follows:

If one (1) of the building permit applications listed in Subtitle A § 301.6 is officially accepted as being complete and under review by the Department of Consumer and Regulatory Affairs on or before the date on which the Zoning Commission makes a decision to hold a hearing on the amendment, the processing of the application and completion of the work shall be governed by the property’s existing zoning classification pursuant to Subtitle A § 301.4. However, if no building permit has been issued prior to the date that the zoning map amendment becomes effective, the building permit application shall be processed in accordance with the adopted zoning map amendment. The building permit application shall:

Be accompanied by any fee that is required, and by the plans and other information required by Subtitle A § 301.2, which shall be sufficiently complete to permit processing without substantial change or deviation, and by any other plans and information that are required to permit complete review of the entire application under any applicable District of Columbia regulations; and

Be sufficiently complete to permit processing without changing the proposed use or increasing the intensity of the use, and without deviations from submitted plans, except for plan deviations that:

Address the requirements of the Construction Codes (12 DCMR); or

Increase the extent to which the proposed structure complies with matter of right standards under the existing zone designation, such as by:

Reducing lot occupancy, gross floor area, building height, penthouse or rooftop structure height, the number of stories or number of units; or

Increasing the size of yards or other setbacks from property lines.

If the application is filed after the date on which the Zoning Commission has made a decision to hold a hearing on the amendment, the application may be processed, and any work authorized by the permit may be carried to completion, only in accordance with the zone classification of the site pursuant to the final decision of the Zoning Commission in the proceeding, or if the case is pending, in accordance with either the most restrictive zone classification being considered for the site or, if more restrictive, the site’s current zone classification;

For purposes of paragraph (b) of this subsection, the phrase "zone classification being considered for the site" shall include any zone district classification that the Zoning Commission has decided to notice for adoption and the zone district classification that is in effect on the date the application is filed;

The limitation in paragraph (b) of this subsection shall not prevent the issuance of a building permit that is necessary in an emergency to protect the public health or safety; and

The limitation in paragraph (b) of this subsection shall not apply to a decision to hold a hearing on an application to amend the Zoning Regulations or Zoning Maps filed by an owner of property pursuant to Subtitle Z of this title.

For the purposes of Subtitle A § 301.5, the term “building permit” refers to the following types of permits:

A permit for new construction, including constructing, adding to or moving a building or structure;

A permit to erect or replace an awning, canopy, tent, or other membrane structure, or similar structures as a principal structure;

A permit to erect a radio, television, or other telecommunications tower as a principle structure; or

A permit for a change of use or occupancy, increase in load or modification of floor layout of the building or structure.

All applications for building permits authorized by orders of the Board of Zoning Adjustment, or authorized by orders of the Zoning Commission in a contested case, may be processed in accordance with the Zoning Regulations and Zoning Map in effect on the date the vote was taken to approve the Board or Commission application, to the extent the proposed building or structure is depicted on any plans approved by the Board or Commission. No Board of Zoning Adjustment or Zoning Commission order shall be deemed to include relief from any zoning regulation unless such relief was expressly requested by the applicant and expressly granted in the order.

A building permit issued in accordance with Subtitle A §§ 301.4 through 301.6, and §§ 301.9 through 301.11 shall not be renewable if permitted to lapse, unless it is reprocessed in accordance with all provisions of this title.

Notwithstanding Subtitle A § 301.4, a building permit application (including a foundation-to-grade permit application) (the Permit Application) for construction of a new one- (1) family dwelling or flat, or for construction of an addition or alteration to an existing one- (1) family dwelling or an existing flat not involving a conversion to an apartment house, or an addition or alteration to an existing apartment house in an RF zone shall be processed, and any work authorized by the permit may be carried to completion pursuant to the provisions of the RF regulations in place as of July 17, 2014, if:

The Permit Application was legally filed with, and accepted as complete by, the Department of Consumer and Regulatory Affairs prior to February 1, 2015; or

The project has:

(1) An unexpired approval of a variance or special exception by the Board of Zoning Adjustment; or

(2) An unexpired approval of a design or concept design by the Historic Preservation Review Board (including a delegated approval made pursuant to 10-C DCMR §§ 319 through 321), or Commission of Fine Arts; and

(3) The vote to approve the variance, special except, design, or concept design or the delegated action occurred:

Prior to June 26, 2015; or

On or after June 26, 2015, and the application for the variance, special exception, design, or concept design was filed prior thereto.

Notwithstanding Subtitle A § 301.4, a building permit application (including a foundation-to-grade permit application) (the Permit Application) for construction involving the conversion of a one- (1) family dwelling or flat to an apartment house in an RF zone shall be processed, and any work authorized by the building permit may be carried to completion pursuant to the provisions of the RF regulations in place as of July 17, 2014, if:

(a) The Permit Application was legally filed with, and accepted as complete by, the Department of Consumer and Regulatory Affairs prior to July 17, 2014; or

(b) The project has:

(1) An unexpired approval of a variance or special exception by the Board of Zoning Adjustment; or

(3) The vote to approve the variance, special exception, design, or concept design or the delegated action occurred:

Prior to June 26, 2015; or

On or after June 26, 2015, and the application for the variance, special exception, design, or concept design was filed prior thereto.

Notwithstanding Subtitle A § 301.4 and except as provided in Subtitle A § 301.12, a building permit application (including a foundation-to-grade permit application) (the Permit Application) for construction involving the conversion of an existing non-residential building to an apartment house in an RF zone shall be processed, and any work authorized by the building permit may be carried to completion pursuant to the provisions of the RF regulations in place as of July 17, 2014, if:

The Permit Application was legally filed with, and accepted as complete by the Department of Consumer and Regulatory Affairs prior to June 26, 2015; or

The project has:

An expired approval of a variance or special exception by the Board of Zoning Adjustment; or

An unexpired approval of a design or concept design by the Historic Preservation Review Board (including a delegated approval made pursuant to 10-C DCMR §§ 319 through 321), or the Commission of Fine Arts; and

The vote to approve the variance, special exception, design, or concept design or the delegated action occurred:

Prior to June 26, 2015; or

On or after June 2015, and the application for the variance, special exception, design, or concept design was filed prior thereto.

Notwithstanding Subtitle A § 301.11, an applicant for a building permit described in Subtitle A § 301.11 may choose to have its building permit application processed in accordance with the RF regulations in place as of June 26, 2015 by indicating its choice in writing as part of its building permit application. A Board of Zoning Adjustment application may be amended to reflect the applicant’s intended choice.

301.13 Notwithstanding Subtitle A § 301.4, a building permit application (including a foundation-to-grade permit application) (the Application) for construction involving any penthouse or rooftop structure other than as restricted in Subtitle C § 1501.1(b) may be processed, and any work authorized by the building permit may be carried to completion, pursuant to the provisions of the roof structure regulations in place as of November 19, 2015, if the Application was legally filed with, and accepted as complete by, the Department of Consumer and Regulatory Affairs, and had received a Letter of Zoning Compliance from the Zoning Administrator prior to that date.

301.14 Notwithstanding Subtitle A § 301.4, Subtitle D §§ 306.3, 306.4, 706.3, 706.4, 1006.2, 1006.3 1206.3, and 1206.4, and Subtitle E §§ 205.4 and 205.5, a rear wall of a row or semi-detached building may be constructed to extend farther than ten feet (10 ft.) beyond the farthest rear wall of any adjoining principal residential building on an adjoining property provided that the building permit application for such construction was filed and accepted as complete by the Department of Consumer and Regulatory Affairs on or before March 27, 2017 and not substantially changed after filing.

301.15 Notwithstanding Subtitle A § 301.4, any building permit application including a foundation-to-grade permit application (the Permit Application), shall be processed, and any work authorized by the permit may be carried to completion pursuant to the rules for measuring floor area ratio, height, and stories as existed on August 17, 2018 if the Permit Application was legally filed with, and accepted as complete by the Department of Consumer and Regulatory Affairs on or before that date and not substantially changed after filing.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 9533 (July 15, 2016); as amended by Final Rulemaking published at 64 DCR 12092 (November 24, 2017); as amended by Final Rulemaking published at 65 DCR 8555 (August 17, 2018); as amended by Final Rulemaking published at 65 DCR 11937 (October 26, 2018); as amended by Final Rulemaking published at 66 DCR 66 (January 4, 2019); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 72 DCR 012752 (November 14, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 301

11-A DCMR § 302 CERTIFICATES OF OCCUPANCY

CERTIFICATES OF OCCUPANCY

Except as provided in Subtitle A §§ 302.2, 302.7, 302.8, and 302.9, no person shall use any structure, land, or part of any structure or land for any purpose until a certificate of occupancy has been issued to that person stating that the use complies with the provisions of this title and the D.C. Construction Codes Supplement, Title 12 DCMR.

Certificates of occupancy shall not be required for the following:

Separate dwelling units in a building with multiple dwelling units, or offices in an office building, if a certificate of occupancy is issued for the entire structure; or

A single dwelling unit.

Except in the case of a place of worship, all certificates of occupancy shall be conspicuously posted in or upon the premises to which they apply so that they may be seen readily by anyone entering the premises.

If a building permit application for the erection or alteration of a structure is submitted, a certificate of occupancy for that structure shall not be issued until the erection or alteration is completed to the point of availability of occupancy for use, except as provided in Subtitle A § 302.5.

Where an alteration to a structure is required by law in order to effect compliance with regulations adopted pursuant to the Means of Egress Law, approved December 24, 1942 (56 Stat. 1083, as amended; D.C. Official Code §§ 6-703.03 through 6-703.09), a certificate of occupancy for that structure may be issued prior to the alteration; provided, that the use of the structure for which a certificate of occupancy is desired, if a new use, is not one that would require a greater amount of egress or fire protection facilities under the Means of Egress Law than is required for the use existing prior to the alteration.

Any certificate of occupancy issued under the terms of Subtitle A §§ 302.4 or 302.5 shall be subject to compliance with regulations adopted pursuant to the Means of Egress Law.

If an application for a certificate of occupancy is filed when the Zoning Commission has pending before it a proceeding to consider an amendment of the zone district classification of the site of the proposed use, the processing of the application, and the establishment of the occupancy, shall be governed as follows:

If the application is filed on or before the date on which the Zoning Commission makes a decision to hold a hearing on the amendment, the processing of the application and completion of the work shall be governed by Subtitle A § 302.8;

Except as otherwise provided in Subtitle A § 302.11, if the application is filed after the date on which the Zoning Commission has made a decision to hold a hearing on the amendment, the application may be processed, and any use authorized by the certificate of occupancy may be established and maintained only in accordance with the most restrictive provision of the zone district classifications being considered for the site or in accordance with the zone district classifications of the site pursuant to the final decision of the Zoning Commission in the proceeding;

For purposes of paragraph (b) of this subsection, the phrase "zone district classifications being considered for the site" shall include any zone district classification that the Zoning Commission has decided to notice for adoption and the zone district classification that is in effect on the date the application is filed;

The limitation in paragraph (b) of this subsection shall not apply to an application for a certificate of occupancy that only changes the identity of the owner or occupant and that does not change a use authorized by a certificate of occupancy that was issued either before the decision to hold a hearing on the amendment or pursuant to paragraph (a) of this subsection.

Any use that is authorized by a certificate of occupancy may be established and continued pursuant to the terms of the certificate and the provisions of this title in effect on the date that the certificate is issued, subject to the following conditions:

The use shall be designated on the certificate of occupancy in terms of a use classification that is established by this title;

The use shall be established within six (6) months of the date on which the certificate is issued; and

Any amendment of the use authorized by the certificate shall comply with the provisions of this title in effect on the date that the certificate is amended.

Applications for certificates of occupancy authorized by orders of the Board of Zoning Adjustment may be processed in accordance with the Zoning Regulations in effect on the date the orders were promulgated; provided, that all applications for certificates of occupancy shall be accompanied by information sufficiently complete to permit processing without substantial change or deviation.

Certificates of occupancy issued in accordance with Subtitle A §§ 302.7, 302.8, or 302.9 shall not be renewable if permitted to lapse unless processed in accordance with all provisions of this title.

This subsection shall govern the issuance of a certificate of occupancy for the use of a structure, or part thereof, if the establishment of the use is dependent upon the erection, construction, conversion, or alteration of the structure, or part thereof; provided:

The use authorized shall be designated as a proposed use at the time of application for the building permit on which the use depends;

A building permit shall be issued in compliance with Subtitle A § 301;

At the time of issuance of the building permit that is required by this subsection, the proposed use shall be designated in a provisional certificate of occupancy; and

The use designated in the provisional certificate of occupancy shall comply with all provisions of this title in effect on the date on which the building permit required by this subsection is issued.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 302

11-A DCMR § 303 COMPLIANCE WITH CONDITIONS IN ORDERS

COMPLIANCE WITH CONDITIONS IN ORDERS

The provisions of this section shall apply when a building permit or certificate of occupancy has been issued under the authority of an order of the Board of Zoning Adjustment or the Zoning Commission, and the order of the Board of Zoning Adjustment or the Zoning Commission sets forth any condition to the issuance of the building permit or certificate of occupancy, or to the approval of a variance, special exception, design review, or planned unit development.

If the order of the Board of Zoning Adjustment or the Zoning Commission conditions the issuance of a building permit or certificate of occupancy upon the recordation of a covenant, then, for purposes of Subtitle A §§ 303.4 and 303.5, each term and condition in the covenant shall be treated as a condition to the issuance of the building permit or the certificate of occupancy.

If a building permit or certificate of occupancy has been issued under the authority of a decision of the Board of Zoning Adjustment to approve a special exception or variance, then for purposes of Subtitle A §§ 303.4 and 303.5, each condition to the approval of the special exception or variance shall be treated as a condition to the issuance of the building permit or certificate of occupancy.

Any person who owns, controls, occupies, maintains, or uses any building, structure, or land, or any part of any building, structure, or land, shall at all times comply with any condition to the issuance of the certificate of occupancy for the building, structure, or land, or part thereof.

Any person who erects, constructs, reconstructs, alters, converts, owns, controls, occupies, maintains, or uses any building, structure, or any part of any building or structure shall at all times comply with any condition to the issuance of the building permit for the building, structure, or part thereof.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 303

11-A DCMR § 304 DEVIATIONS AND MODIFICATIONS PERMITTED BY ZONING ADMINISTRATOR'S RULING

DEVIATIONS AND MODIFICATIONS PERMITTED BY ZONING ADMINISTRATOR'S RULING

304.1 The deviations from the Zoning Regulations and modifications to approved plans permitted by this section shall not be applicable for any calculation or for determining compliance with Subtitle U §§ 301.2 or 320.2.

304.2 The Zoning Administrator is authorized to permit the following deviations from the Zoning Regulations for building permits that are not otherwise authorized by an approved order of the Zoning Commission or the Board of Zoning Adjustment, if the Zoning Administrator, pursuant to Subtitle A § 304.3, determines that the deviation or deviations will not impair the purpose of the otherwise applicable regulations:

(a) Deviations not to exceed two percent (2%) of the area requirements governing minimum lot area, maximum percentage of lot occupancy, minimum percentage of pervious surface, and area standards of courts;

(b) Deviations not to exceed the lesser of two percent (2%) or twelve inches (12 in.) of the linear requirements governing minimum lot width;

(c) Deviations not to exceed the lesser of ten percent (10%) or twelve inches (12 in.) of the linear requirements governing minimum rear yard, minimum side yard, and minimum court width;

(d) Deviations not to exceed two percent (2%) of the linear frontage limitation for eating/drinking establishments in Subtitle K § 811.9(a); and

(e) Deviations not to exceed twelve inches (12 in.) of the linear requirements governing front setback.

304.3 The Zoning Administrator shall consider the following issues, as applicable, in determining whether any deviation will impair the purpose of the applicable regulations pursuant to Subtitle A § 304.2:

(a) The light and air available to neighboring properties shall not be unduly affected;

(b) The privacy of neighboring properties shall not be unduly compromised;

(d) The use and enjoyment of neighboring properties shall not be unduly compromised;

(e) No trees which would otherwise be protected by this title or other District of Columbia regulation, shall be damaged or removed; and

(f) The general scale and pattern of buildings on the subject street frontage and the neighborhood shall be maintained consistent with the development standards of this title.

304.4 An applicant for a building permit seeking a deviation permitted by Subtitle A § 304.2 shall submit a written request to the Zoning Administrator that is signed by the property owner and that includes a comprehensive list identifying the type and extent of all proposed deviations and a written statement explaining how the requested deviations comply with Subtitle A §§ 304.2 and 304.3.

304.5 For building permits that are authorized by an approved order of the Zoning Commission, the Zoning Administrator, following receipt of a request made pursuant to Subtitle A § 304.6, is authorized to permit only the following minor modifications to approved plans if the Zoning Administrator determines that the proposed modification is consistent with the intent of the Zoning Commission in approving the application and the Zoning Commission did not also grant the same area of relief:

(a) A change not to exceed two percent (2%) in height, percentage of lot occupancy, or gross floor area of any building;

(b) A change not to exceed two percent (2%) in the number of dwelling units, hotel rooms, institutional rooms, or gross floor area to be used for commercial or accessory uses within the approved square footage;

(d) The relocation of any building within five feet (5 ft.) of its approved location, in order to retain flexibility of design or for reasons of unforeseen subsoil conditions or adverse topography.

304.6 An applicant for a building permit seeking a modification to approved plans permitted by Subtitle A § 304.5 shall submit a written request to the Zoning Administrator that is signed by the property owner and that includes a comprehensive list identifying the type and extent of all proposed modifications to the approved plans and a written statement explaining how the requested modifications comply with Subtitle A § 304.5. The applicant shall, at the same time, serve a complete copy of the request, including any supporting plan documents, on all parties to the applicable case, including but not limited to the affected ANC(s).

304.7 The Zoning Administrator shall report to the Zoning Commission, and at the same time shall report to all parties to the applicable case, including but not limited to, the affected ANC(s), any modification approved under Subtitle A § 304.5. No modified building permit shall be issued for forty-five (45) days after a report is sent to the Zoning Commission. If prior to the expiration of this time period the Zoning Commission decides that the modification exceeded the scope of a minor modification, the Zoning Administrator shall not approve the building permit, but shall instruct the applicant to seek a modification pursuant to Subtitle Z §§ 703 or 704, as applicable.

304.8 No building permit that requires the approval of a minor modification pursuant to Subtitle A § 304.5 may be issued during a forty-five (45) day period that begins on the date of a report made pursuant to Subtitle A § 304.7 unless the Zoning Commission advises the Zoning Administrator that it concurs that the modification is permitted by Subtitle A § 304.5.

304.9 Any modification proposed to approved plans pursuant to Subtitle A § 304.5 that cannot be approved by the Zoning Administrator shall be submitted to and approved by the Zoning Commission pursuant to Subtitle Z §§ 703 or 704, as applicable.

304.10 For building permits that are authorized by an order 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;

(d) Change a principal use from that approved in the Order, except that:

The use may change to another use permitted as a matter of right in the zone; and

Notwithstanding paragraph (1) of this subsection, where the project at the time of building permit application is subject to Inclusionary Zoning or uses Inclusionary Zoning bonus density or modifications pursuant to Subtitle C § 1002, it must comply with Subtitle C, Chapter 10;

(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;

(g) Notwithstanding subsection (d), increase by more than two percent (2%) or one (1) unit, whichever is greater, the number of dwelling units or hotel 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 plans.

304.11 An applicant for a building permit seeking a modification to approved plans permitted by Subtitle A § 304.10 shall submit a written request to the Zoning Administrator that is signed by the property owner and that includes a comprehensive list identifying the type and extent of all proposed modifications to the approved plans and a written statement explaining how the requested modifications comply with Subtitle A § 304.10. The applicant shall at the same time serve a complete copy of the request, including any supporting plan documents, on all parties to the applicable case, including but not limited to, the affected ANC(s).

304.12 The Zoning Administrator shall send written notification of any modifications approved pursuant to Subtitle A § 304.10 to all parties to the applicable case, including, but not limited to, the affected ANC(s). The written notice shall be sent no later than seven (7) days after the date of the approval.

304.13 Any modifications proposed to approved plans that cannot be approved by the Zoning Administrator pursuant to Subtitle A § 304.10 shall be submitted to and approved by the Board of Zoning Adjustment pursuant to Subtitle Y §§ 703 or 704 as applicable.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 64 DCR 2783 (March 17, 2017); as corrected by Errata Notice published at 64 DCR 3324 (April 7, 2017); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 304

11-A DCMR § 305 PENALTIES

PENALTIES

As provided in § 10 of the Zoning Act, the owner or person in charge of or maintaining any building or land, or any other person who erects, constructs, reconstructs, alters, converts, maintains, or uses any building or structure, or part of a building or structure, or land in violation of the provisions of this title shall, upon conviction for that violation, be punished by a fine of not more than one hundred dollars ($100) per day for each and every day the violation continues.

The Office of the Attorney General of the District of Columbia, or any neighboring property owner or occupant who would be specially damaged by any violation of this title, may, in addition to all other remedies provided by law, institute injunction or other appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate a violation; or to prevent the occupancy of the buildings, structure, or land.

Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of these sections, pursuant to Chapter 18 of Title 2 of the District of Columbia Official Code.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 305

11-A DCMR § 306 LEGAL SUFFICIENCY REVIEW

306.1 As of October 1, 2021, the legal sufficiency review of any covenant required by the Zoning Regulations, including the modification or termination of an existing covenant requiring the approval of the Office of the Attorney General, shall be performed by the Office of Zoning Legal Division.

History

SOURCE: Final Rulemaking published at 69 DCR 000930 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 306

SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Authority and Applicability 11-A DCMR § 404

11-B DEFINITIONS, RULES OF MEASUREMENT, AND USE CATEGORIES

11-B1 DEFINITIONS

11-B DCMR § 100 DEFINITIONS

DEFINITIONS

For the purpose of this title, the following definitions shall not be held to modify or affect in any way the legal interpretations of these terms or words where used in other regulations:

Words in the present tense shall include the future tense;

Words in the singular number shall include the plural number, and words in the plural number shall include the singular number;

The word "lot" shall include the words "plot" and "parcel";

The word "shall" is mandatory and not discretionary;

The word "person" shall include a corporation, partnership, and government as well as an individual;

The words "occupied" and "used" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied, offered for occupancy"; and

Words not defined in this section shall have the meanings given in Webster's Unabridged Dictionary.

When used in this title, the following terms and phrases shall have the meanings ascribed:

1958 Zoning Regulations: The regulations that were originally adopted and became effective at 12:01 a.m., May 12, 1958, as amended.

2016 Zoning Regulations: The current regulations adopted through the publication of a notice of final rulemaking published in the D.C. Register on March 2, 2016 and which became effective at 12:01 a.m., September 6, 2016, as those regulations may thereafter be amended. See Subtitle A § 101.

Accessory Apartment: A dwelling unit that is secondary to the principal single household dwelling unit in terms of gross floor area, intensity of use, and physical character, but which has kitchen and bath facilities separate from the principal dwelling and may have a separate entrance.

Adult day treatment facility: A building or part of a building used for non-residential programs operated for the purpose of providing medically supervised day treatment services for adults with a developmental disability or mental disorder, totaling six (6) or more persons who are present for fewer than twenty-four (24) hours per day. An adult day treatment facility includes the following accessory uses: counseling, education, training, health, and social services for the person or persons with legal charge of individuals attending the center, including, but not limited to, any parent, spouse, sibling, child, or legal guardian of such individuals. This definition does not encompass facilities that offer drug or alcohol abuse rehabilitation services. For the purposes of this definition, the following sub-definitions apply:

Mental disorder - an abnormal mental condition in an individual who requires a comprehensive and relatively intensive range of mental health services in a therapeutic and structured environment if he or she is to remain in the community or if he or she is to move from twenty-four (24) hour institutional care to the community.

Developmental disability - a severe, chronic disability of a person that is attributable to a mental or physical impairment, or both, that is manifested before the person attains the age of twenty-two (22) years and is likely to continue indefinitely. The impairment causes substantial functional limitations in three (3) or more areas of major life activity:

(a) Self-care;

(b) Receptive and expressive language;

(d) Mobility;

(e) Self-direction;

(f) Capacity for independent living; or

(g) Economic sufficiency.

A developmental disability reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment, or other service, which are life-long or of extended duration, and are individually planned and coordinated.

Adult Rehabilitation Home: A facility providing residential care for one (1) or more individuals sixteen (16) years of age or older who are charged by the United States Attorney with a felony offense, or any individual twenty-one (21) years of age or older, under pre-trial detention or sentenced court orders.

Advisory Neighborhood Commission (ANC): A duly elected body established in accordance with § 738 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 774, 824, as amended; D.C. Official Code § 1-207.38).

Affected Advisory Neighborhood Commission: The ANC for the area within which the property that is the subject of a Zoning Commission or Board of Zoning Adjustment application or appeal is located, except that if the subject property is located on a street that serves as a boundary line between two ANCs, then the term “affected ANC” means both ANCs.

Affordable Housing: Housing where costs, including utilities and any mandatory fees for rental or mortgage principle and interest, taxes, insurance and any mandatory fees, do not exceed thirty percent (30%) of the targeted household income ranges.

Airspace Development: Development above or below streets or alleys.

Alley: A public way, whether named or unnamed, designated as an alley in the records of the Surveyor of the District of Columbia. An alley is not a street for the purposes of this title.

Alley Lot: See Lot, Alley.

Alterations, Structural: Any change in the permanent, physical members of a building or other structure, such as bearing walls or partitions, columns, joists, rafters, beams, or girders.

Angular Plane: A plane, based on a defined angle, that a building façade may be set up to, or behind.

Animal Boarding: Any premises, other than a veterinary hospital, pet shop, or pet grooming establishment, used as a commercial establishment for the overnight boarding and/or recurring daily care of animals for a fee. Any pet grooming establishment that permits ten (10) or more animals on the premises at a time, or that permits the overnight stay of animals, is considered an animal boarding use.

Animal Shelter: Any premises that houses and feeds stray or abandoned animals without a fee and is operated by a non-profit organization or governmental agency.

Antenna: A device used to transmit or receive communications signals. This term encompasses transmitting and receiving elements, and rotating or other directional mechanism.

Antenna Tower: A lattice-type structure, guyed or self-supporting, used to support antennas for broadcasting, transmission, reception, or other utility equipment. Such structures shall not be deemed ground-mounted antennas as that term is used in this chapter.

Antenna, Building-mounted: Any antenna and its necessary support structure, not including an antenna tower or monopole, that is attached to the walls of, or integrated into, a building, church steeple, cooling tower, elevator bulkhead, parapet, penthouse or rooftop structure, fire tower, tank, water tower, or other similar structure.

Antenna, Ground-mounted: Any freestanding antenna with its base placed directly on the ground. Ground does not include artificially elevated terrain such as berms or planter boxes but may include graded lawns, terraced landscapes that are formed from the natural grade, and at-grade patios.

Antenna, Roof-mounted: Any antenna and its necessary support structure, not including an antenna tower or monopole, that is attached to the roof of a building and which does not fall within the definition of a building-mounted antenna.

Apartment: One (1) or more habitable rooms with kitchen and bathroom facilities exclusively for the use of and under the control of the occupants of those rooms. Control of the apartment may be by rental agreement or ownership.

Apartment House: Any building or part of a building in which there are three (3) or more apartments, providing accommodation on a monthly or longer basis.

Arcade, open: A continuous area, located along the perimeter of a building, designed for pedestrian uses, and which adjoins a street for its entire length; and, except for structural piers, columns, or arches, is open to the street. See also: Subtitle B, Chapter 3.

Areaway: A subsurface space adjacent to a building that is open at the top or protected at the top by a grating or guard and that provides a passageway accessing a basement/cellar door.

Art Center: A multifunctional arts use that comprises two (2) or more distinct arts design and creation uses integrated under single management.

Art Exhibition Area: A building lobby, part of a lobby, or other publicly accessible space on the basement or first or second floors of a building or an outdoor public area on private property, which space is designed and used for the public display and sale of works of art.

Art Gallery: an establishment that derives more than fifty percent (50%) of its income from the display and sale of objects of art.

Art Incubator: An arts use that:

Is organized under single management with a single certificate of occupancy;

Has as its core mission the provision of work space at a reduced cost for aspiring artists or arts organizations;

Provides work space that is either communal or subdivided into any number of areas;

May include the following uses: artist studio, administrative offices of arts organizations, legitimate theater, or media studio; and

Does not have any residential uses.

When located in any residential zone pursuant to Subtitle A § 101.8(a), the art incubator may have up to six (6) public sales per year for art produced in the incubator, and up to six (6) performances per year of dramatic or performance art produced in the incubator.

Artist Live-Work Space: A dwelling unit or building in which an artist or artists reside and work in an artist studio use in compliance with the requirements of one (1) of the following categories:

Single artist live-work space: A single dwelling unit occupied by an artist to both live and work, where a minimum of thirty percent (30%) of the gross floor area of the unit is used for an artist studio use by the artist residing therein. The minimum size of a live-work unit shall be one thousand square feet (1,000 sq. ft.). In residential zones the artist may sell art produced on site as a clearly incidental part of the live-work use; or

Multi-artist live-work space: A building or part of a building with two (2) or more dwelling units, with all units inhabited by artists whose primary studio is in the same structure or on the same property, but not in their unit. The studio space may be communal or may be subdivided into any number of areas.

Artist Studio: A place of work of one (1) or more persons who are engaged actively and, either gainfully or as a vocation, work in the following:

The fine arts, including but not limited to crafts, painting, printmaking, or sculpturing;

The performing and visual arts, including but not limited to dance, choreography, photography, or filmmaking;

Any use from the arts design and creation use category;

The composition of music; or

The recording and/or production of music, video, or other media form.

In residential zones the artist may sell art produced on site as a clearly incidental part of the studio use.

Ballpark: The building and use authorized by Zoning Commission Order No. 06-22.

Basement: That portion of a story partly below grade where the finished floor of the ground floor is five feet (5 ft.) or more above the adjacent natural or finished grade, whichever is the lower in elevation.

Bicycle Parking: See Parking Space, Bicycle.

Blockface: The entire front lot line of all building façades of a square between two (2) streets.

Board of Zoning Adjustment (Board): An independent quasi-judicial body empowered to grant relief from the strict application of the Zoning Regulations (variances), approve certain uses of land (special exceptions), and hear zoning appeals.

Boarding House: A building or part thereof where, for compensation, lodging and meals are provided to three (3) or more guests on a monthly or longer basis; a boarding house shall be considered a residential structure.

Boathouse: A building or structure designed and used to store and provide water access for non-motorized watercraft, including racing shells, kayaks, canoes, sailboats, rowboats, and similar boats.

Building: A structure requiring permanent placement on the ground that has one (1) or more floors and a roof supported by columns or walls. When separated from the ground up or from the lowest floor up, each portion shall be deemed a separate building, except as provided elsewhere in this title. The existence of communication between separate portions of a structure below the main floor shall not be construed as making the structure one (1) building.

Building, Accessory: A subordinate building located on the same lot as the principal building, the use of which is incidental to the use of the principal building.

Building Area: The maximum horizontal projected area of a principal building and its accessory buildings. Except for outside balconies, this term shall not include any projections into open spaces authorized elsewhere in this title.

Building area shall not include: Building components or appurtenances dedicated to the environmental sustainability of the building; cornices and eaves; sills, leaders, belt courses, and similar ornamental or structural features; awnings, serving a window, porch, deck or door; uncovered stairs, landings, and wheelchair ramps that serve the main floor; and chimneys, smokestacks, or flues.

Building, Detached: A building that is completely separated from all other buildings and has two (2) side yards.

Building Envelope: The maximum three (3) dimensional space on a lot in which a building may be built as limited by the applicable development standards and other relevant limits and conditions of this Title.

Building Façade: An exterior vertical plane, face, or side of a building, exclusive of any permitted projections.

Building, Height of: The vertical distance measured from the Building Height Measuring Point to a point designated in a zone district, subject to limitations in the regulations.

Building Height Measuring Point (BHMP): The point used in measuring building heights in a zone in accordance with §§ 307 or 308 of this subtitle except as may be stated elsewhere in this title, as applicable, and subject to limitations in the regulations.

Building Line: A line beyond which property owners have no legal or vested right to extend a building or any part of the building without special permission and approval of the proper authorities; ordinarily a line of demarcation between public and private property, but also applied to building restriction lines, when recorded on the records of the Surveyor of the District of Columbia.

Building, Principal: The building in which the primary use of the lot is conducted.

Building, Row: A building that has no side yards. The terms “row dwelling” and “row house” shall have the same meaning as row building.

Building, Semi-detached: A building that has only one (1) side yard.

Building, Separate: Structures that are separated from the ground up by common division walls or contain multiple sections separated horizontally, such as wings or additions, are separate buildings. Structures or sections shall be considered parts of a single building if they are joined by an enclosed connection that is fully above grade, is heated and artificially lit; and either a common space shared by users of all portions of the building, such as a lobby or recreation room, or space that is designed and used to provide free and unrestricted passage between separate portions of the building, such as an unrestricted doorway or walkway.

Build-to Line: A front setback line that the front façade of the principal building of the lot must abut.

Bulkhead: A retaining wall or protective structure along a shoreline whose primary purpose is to stabilize, hold, or prevent earth or backfill from eroding or washing away. For purposes of this definition, the term bulkhead does not differentiate between and includes bulkheads, seawalls, and revetments.

Car Wash: A structure or portion of a structure, the principal use of which is the washing of automobiles or other motor vehicles with the use of a chain or other conveyor and blower or steam cleaning device.

Caregiver: An individual who is responsible for the supervision and administration of a child development home, expanded child development home, or child/elderly development center.

Car-share Organization: A membership based service with a valid business license providing shared vehicles available twenty-four (24) hours a day, seven (7) days a week, at unattended self-serve locations. Vehicles are provided without restriction at hourly rates that include fuel, insurance, and maintenance primarily for shorter time and shorter distance trips.

Car-sharing Space: A parking space that is designated for the parking of a car-sharing vehicle.

Car-sharing Vehicle: Any vehicle available to multiple users who are required to join a membership organization in order to reserve and use such a vehicle, and for which they are charged based on actual use as determined by time and/or mileage.

Caterer, Catering Establishment: A person or business that prepares and provides food, beverages, or both, along with the necessary accessories for serving these products, for consumption. The food and beverages are provided for events that are located off the business establishment's premises. Any establishment that receives more than seventy-five percent (75%) of its sales from orders placed less than three (3) hours prior to delivery or pick-up will not be considered a catering establishment.

Cellar: That portion of a story partly below grade where the finished floor of the ground floor, is less than five feet (5 ft.) above the adjacent natural or finished grade, whichever is the lower elevation.

Central Area: The area included within the combined boundaries of the Urban Renewal Plan for the Downtown Urban Renewal Area and the Urban Renewal Plan for the Shaw School Urban Renewal Area, as approved and modified periodically by the National Capital Planning Commission and the Council of the District of Columbia.

Central Employment Area (CEA): The core area of the District of Columbia where the greatest concentration of employment in the city and region is encouraged. The geographic boundaries of the CEA are detailed in the Comprehensive Plan.

Chancery: The principal offices of a foreign mission used for diplomatic or related purposes, and annexes to such offices (including ancillary offices and support facilities), including the site and any building on such site that is used for such purposes.

Child Development Center: A building or part of a building, other than a child development home, used for the non-residential licensed care, education, counseling, or training of individuals under the age of fifteen (15) years of age and, totaling seven (7) or more persons, who are not related by blood or marriage to the caregiver and who are present for less than twenty-four (24) hours per day. This definition encompasses facilities generally known as child care centers, pre-schools, nursery schools, before-and-after school programs, and similar programs and facilities. A child development center includes the following accessory uses: counseling, education, training, and health and social services for the person or persons with legal charge of individuals attending the center, including, but not limited to, any parent, spouse, sibling, child, or legal guardian of such individuals.

Child Development Home: A dwelling unit used in part for the licensed care, education, or training of no more than six (6) individuals fifteen (15) years of age or less including all individuals age four (4) and younger who reside in the dwelling unit. Those individuals receiving care, education, or training who are not related by blood, marriage, or adoption to the caregiver shall be present for less than twenty-four (24) hours per day. This definition encompasses facilities generally known as a child care center, day care center, pre-school, nursery school, before-and-after school programs, and similar programs and facilities.

Clinic: A building or part of a building in which members of the medical or dental professions are associated for the purpose of conducting a joint practice of the professions. Each clinic shall contain a diagnostic center and, in addition, may contain research, educational, minor surgical, or treatment facilities; provided that all the facilities are limited to the treatment and care of out-patients.

The term "clinic" shall be limited to those buildings in which the joint practice of medical or dental professions is conducted in such a manner that all fees for services rendered are established by and paid to a common business office without direct payment of the fees to individual practitioners, and shall not include a building in which the separate and individual practice of the above professions is conducted.

Club, Private: A building and facilities or premises used or operated by an organization or association for some common avocational purpose such as, but not limited to, a fraternal, social, educational, or recreational purpose; provided, that the organization or association shall be a non-profit corporation and registered with the U.S. Internal Revenue Service; goods, services, food, and beverages shall be sold on the premises only to members and their guests; and office space and activities shall be limited to that necessary and customarily incidental to maintaining the membership and financial records of the organization.

Collocation: The use of a single mount, tower, monopole, or site by more than one (1) antenna or telecommunications service provider.

Commission: The Zoning Commission for the District of Columbia, unless otherwise noted.

Community Centers, Private: A building, park, playground, swimming pool, or athletic field operated by a local community organization or association.

Community Solar Facility: A solar energy facility that is directly interconnected with the distribution system of the electric company, as defined by D.C. Official Code § 34-207, and that does not exceed five megawatts (5 MG) in capacity, where the monetary value of the electricity generated by the facility is credited to the subscribers, which must number at least two (2). Community solar facilities are characterized by the sharing of electricity output, which is provided to subscribers. Examples include but are not limited to roof-mounted solar arrays, ground-mounted solar arrays, or solar canopies, but would not include basic utility uses.

Community Service Use: A not-for-profit use established primarily to benefit and serve the population of the community in which it is located.

Community Residence Facility: A facility that meets the definition for and is licensed under the District of Columbia Health Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code §§ 44-501 et seq.)

Comprehensive Plan: The Comprehensive Plan for the National Capital adopted pursuant to § 4(a) of the National Capital Planning Act of 1952, approved July 10, 1952 (66 Stat. 774, 781, 785, as amended; D.C. Official Code §§ 2-1002(a)), and §§ 203 and 423 of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 779, 792; D.C. Official Code §§ 1-204.23, 2-1002(a)).

Continuing Care Retirement Community: A building or group of buildings providing a continuity of residential occupancy and health care for elderly persons. This facility includes dwelling units for independent living, assisted living facilities, or a skilled nursing care facility of a suitable size to provide treatment or care of the residents; it may also include ancillary facilities for the further enjoyment, service, or care of the residents. The facility is restricted to persons sixty (60) years of age or older or married couples or domestic partners where either the spouse or domestic partner is sixty (60) years of age or older.

Corner Store: A limited commercial and service use in residential rowhouse zones, oriented to serve the immediate neighborhood.

Cottage Food Business: A business that:

Produces or packages cottage food products in a residential kitchen;

Sells the cottage food products in accordance with the Cottage Food Act and regulations adopted by the Department of Health; and

Has annual revenues from the sale of cottage food products in an amount not exceeding $25,000.

Cottage Food Product: A food product made in compliance with the Cottage Food Act effective January 25, 2014 (D.C. Law 20-63; D.C. Official Code §§ 7-749.01 et seq.) and that is sold at a farmer’s market or other public venues.

Court: An unoccupied space, not a court niche, open to the sky, on the same lot with a building, which is bounded on two (2) or more sides by the exterior walls of the building or by two (2) or more exterior walls, lot lines, or yards. A court may also be bounded by a single curved wall of a building

Court, Closed: A court surrounded on all sides by the exterior walls of a building, or by exterior walls of a building and side or rear lot lines, or by alley lines where the alley is less than ten feet (10 ft.) in width.

Court, Height of: The vertical distance from the lowest level of the court to the highest point of any bounding wall.

Court, Length of: The mean horizontal distance between the open and closed end of an open court or the greater horizontal dimension of a closed court.

Court Niche: an indentation, recess, or decorative architectural treatment of the exterior wall of a building, not a court, which opens onto a street, yard, alley, or court.

Court Niche, Depth of: the greatest distance between the sides of the court niche, measured perpendicular to the line delineating the width of court niche.

Court Niche, Width of: the distance between the two (2) points created by the intersection of the sides of the court niche and the sides of the court, yard, street, or alley it abuts.

Court, Open: A court opening onto a street, yard, or an alley not less than ten feet (10 ft.) wide.

Court, Width of: The minimum horizontal dimension substantially parallel with the open end of an open court or the lesser horizontal dimension of a closed court; or, in the case of a non-rectangular court, the diameter of the largest circle that may be inscribed in a horizontal plane within the court.

Dinner Theater: A restaurant with a stage or performing area where the main activity is the serving of dinner and, following dinner, the performance of a play or musical theater.

Director: The Director of the Office of Zoning or such successor official as shall be designated to be the supervisor of the full-time administrative staff of the Commission and Board, unless otherwise noted.

District of Columbia Construction Codes: The District of Columbia Construction Codes and District of Columbia Construction Codes Supplement as those terms are further described at 12 DCMR A § 101.1.

Driver's License Road Test Facility: A building and associated paved area used by the District of Columbia Department of Motor Vehicles in connection with road tests or other tests of driving ability given to applicants for drivers' licenses or endorsements.

Drive-Through: A system designed to permit customers of an establishment to obtain goods or services by driving through the property and conducting the transaction while the customer remains within a motor vehicle. The system has two (2) major parts: a vehicular queuing lane or lanes, and one (1) or more service locations where customers place orders or receive services or both. No part of this definition shall be construed to apply to a gasoline service station.

Dwelling, Multiple: A building containing three (3) or more dwelling units or rooming units, or any combination of these units totaling three (3) or more.

Dwelling Unit: One (1) or more habitable rooms comprising complete independent living facilities for one (1) or more persons, and including within those rooms permanent provisions for living, sleeping, eating, cooking, and sanitation. A dwelling unit is intended for a single household.

Dwelling Unit, Principal: The primary residential structure on a lot.

El: An uncovered, unoccupied space, bounded by a side lot line and two (2) exterior walls of a building.

Elderly Day Care Home: A dwelling unit used in part for the care, education, recreation, or training of no more than five (5) elderly individuals who are not related by blood or marriage to the caregiver and who are present for less than twenty-four (24) hours per day. This definition encompasses facilities generally known as senior care centers, elder care programs, and similar programs and facilities.

Elderly Development Center: A building or part of a building, other than an elderly day care home, used for the non-residential care of individuals age sixty-five (65) or older, totaling seven (7) or more persons, who are not related by blood or marriage to the caregiver and who are present for less than twenty-four (24) hours per day. This definition encompasses facilities generally known as senior care centers, elder care programs, and similar programs and facilities. An elderly development center includes the following accessory uses: counseling; education, training, and health and social services for the person or persons with legal charge of individuals attending the center, including, but not limited to, any parent, spouse, sibling, child, or legal guardian of such individuals.

Electronic Equipment Facility (EEF): A facility or space used primarily for or intended to be used primarily for the housing, operation, and/or co-location of computer equipment that provides: (a) electronic data switching, (b) transmission, and/or (c) telecommunication functions, whether inside or outside the facility. The term “Electronic Equipment Facility” includes, but is not limited to, Data Center, Server Farm, Co-Location Facility, Telecommunications Switching Center, Tech Hotel, Telco Hotel, and Telecommunications Central Office.

Embassy: The official residence of an ambassador or other chief of a diplomatic mission, or that portion of a combined chancery/embassy devoted to use as such official residence.

Emergency Shelter: A facility providing temporary housing for one (1) or more individuals who are otherwise homeless as that arrangement is defined in the Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code §§ 4-751.01 et seq.); an emergency shelter use may also provide ancillary services such as counseling, vocational training, or similar social and career assistance.

Enclosed Pedestrian Space: An area located within a building designed for pedestrian use and enclosed on all sides that may be covered by a roof of a transparent material that exposes the area to natural light.

Equipment Cabinet or Shelter: An enclosure housing only equipment related to the operation of an antenna located at the site and connected to the antenna by cable.

Expanded Child Development Home: a dwelling unit used in part for the licensed care, education, or training for more than six (6) individuals, up to a maximum of twelve (12) individuals fifteen (15) years of age or less including all individuals age four (4) and younger who reside in the dwelling unit, provided that no more than six (6) of the individuals may be under two (2) years of age. Those individuals receiving care, education, or training who are not related by blood, marriage, or adoption to the caregiver shall be present for less than twenty-four (24) hours per day. This definition encompasses facilities generally known as a child care center, day care center, pre-school, nursery school, before-and-after school programs, and similar programs and facilities.

Farmers Market: A temporary market, open to the public for no charge, held in an open area where groups of individual sellers offer for sale to the public such items as agricultural produce, seasonal fruits and vegetables, fresh flowers, meats, eggs, and honey that they produce or grow; items for sale may also include items made from the agricultural produce such as baked goods, jams, jelly, and sausages; sales are customarily made from temporary booths or vehicles located on site. The market may operate daily, intermittently throughout the week, or seasonally.

Fast Food, Drive-through: A fast food restaurant that includes a drive-through and may not provide customer seating.

Fast Food, Restaurant: A business, other than a prepared food shop, where food is prepared and served very quickly; and where the food is typically made of preheated or precooked ingredients, served to the customer in a packaged form for carry-out/take-away, although it may be eaten on site.

Characteristics of a fast food establishment may include:

Foods that are prepared by production-line techniques;

Foods that are standardized foodstuffs shipped to a franchised establishment from central locations;

The establishment includes trash receptacles located in the dining area for self-bussing of tables;

Seating for customers; and

Food served on disposable tableware.

An establishment meeting this definition shall not be deemed to constitute any other use permitted under the authority of these regulations, except that a restaurant, grocery store, movie theater, or other use providing carry out sales that is clearly subordinate to its principal use shall not be deemed a fast-food establishment.

Firearm: a gun, pistol, or any weapon capable of firing a projectile and using an explosive charge as a propellant.

Firearms Retail Sales Establishment: An establishment engaged in the sale, lease, or purchase of firearms or ammunition. If an establishment is a firearms retail sales establishment as defined here, it shall not be deemed to constitute any other use permitted under the authority of this title.

Fire Department: the Fire and Emergency Medical Services Department of the District of Columbia.

Fire Station: A building and associated land used by the Fire Department to house personnel and equipment in connection with the provision of fire, rescue, emergency medical, hazardous materials response, and other types of emergency services throughout the District- of Columbia, and includes the harbor facility.

Flat: A dwelling used exclusively as a residence for two (2) families living independently of each other.

Floating Home: A sailboat, motorboat, or other floating structure that is designed and built to be used, or is modified to be used, as a waterborne residential dwelling, is dependent for utilities upon a utility linkage to a source originating on shore, and in which the tenant or owner sleeps overnight an average of fifteen (15) days per month.

Floor Area Ratio (FAR): The ratio of the total gross floor area of a building to the area of its lot measured in accordance with § 303 of this subtitle, except as may be stated elsewhere in this title.

Floor, Ground: The floor level nearest to and above the adjacent finished grade.

Food Delivery Service: A restaurant, prepared food shop, or fast food establishment, in which the principal use is production of prepared food for delivery to customers located off the business premises. Seating and tables for customers may or may not be provided for on-premises consumption, but if present are clearly subordinate to the principal use of preparing food for delivery to off-site customers. Any establishment that derives more than seventy-five percent (75%) of its sales from delivery orders will be considered a food delivery service in all cases. This definition does not include catering establishments.

Gallery, Display: An establishment that displays and may sell art, but that does not derive more than fifty percent (50%) of its income from the display and sale of objects of art.

Gallery, Retail: An establishment that derives more than fifty percent (50%) of its income from the display and sale of objects of art.

Garage, Automated Parking: A building or other structure, or part thereof, in which parking is accomplished by means of shuttles, platforms, dollies, or other mechanisms that move vehicles around and where such movement is controlled by computers. The facility may be self-service or it may be staffed to accept payment or observe operations where vehicles enter or exit the automated environment. May also be a parking garage or public storage garage.

Garage, Private: A building or other structure, or part of a building or structure, not exceeding nine hundred square feet (900 sq. ft.) in area, used for the parking of motor vehicles and having no repair or service facilities other than a means by which to charge batteries or an electric vehicle.

Garage, Parking: A building or other structure, or part of a building or structure, over nine hundred square feet (900 sq. ft.) in area, used for the parking of one (1) or more motor vehicles and where any services are minor and incidental such as charging a battery, washing or detailing a vehicle, tire inflation, replacing bulbs and wiper blades, and an electric vehicle charging station.

Garage, Public Storage: a building or other structure, or part of a building or structure, in which any repair, greasing, washing, or similar services are incidental to its primary use for the parking of motor vehicles.

Garage, Repair: A building or other structure, or part of a building or structure, with facilities for the repair of motor vehicles, including body and fender repair, painting, rebuilding, reconditioning, upholstering, equipping, or other motor vehicle maintenance or repair.

Gasoline Service Station: An area of land, including any structures on the area, used for the retail sale of motor fuel and lubricants and incidental services such as lubrication and hand-washing of motor vehicles, and the sale, installation, or minor repair of tires, batteries, or other automobile accessories. The term gasoline service station shall not include a car wash or a repair garage.

Geographically Modified Zones: Base zones that are amended through the adoption of specific regulations and limited to a specified geographic boundary.

Glass, Clear and/or Low-Emissivity: Glass with a visible light transmission rating of at least seventy percent (70%) and an outdoor visible light reflectance rating of no greater than seventeen percent (17%).

Grade, Exceptions to: The following are exceptions to “Finished Grade” and “Natural Grade” as those terms are defined below:

(a) A window well that projects no more than four feet (4 ft.) from the building face; and

(b) An areaway that provides direct access to an entrance and, excluding associated stairs or ramps, projects no more than five feet (5 ft.) from the building face.

Grade, Finished: The elevation of the ground directly abutting the perimeter of a building or structure or directly abutting an exception to finished grade. Exceptions to Finished Grade are set forth in the definition of “Grade, Exceptions to.”

Grade, Natural: The undisturbed elevation of the ground of a lot prior to human intervention; or where there are existing improvements on a lot, the established elevation of the ground, exclusive of the improvements or adjustments to the grade made in the five (5) years prior to applying for a building permit. Exceptions to Natural Grade are set forth in the definition of “Grade, Exceptions to.”

Green Area Ratio (GAR): Ratio of the weighted value of landscape elements to lot area See Also: Subtitle C, Chapter 6.

Grocery Store: A use whose primary business is the sale of fresh produce and food products. At least fifty percent (50%) of customer-accessible sales and display area is used for the sale of a general line of food products intended for home preparation and consumption, and at least thirty percent (30%) of retail space is for perishable goods that include dairy, fresh produce, fresh meats, poultry, fish, and frozen foods. Groceries represent the majority of the sales in a grocery store although there may be accessory uses such as prepared food and drink, pharmaceuticals, and bank services.

Gross Floor Area (GFA): Unless otherwise specified, the sum of the gross horizontal areas of all floors of all buildings on a lot, measured from the exterior faces of exterior walls and from the center line of walls separating two (2) buildings as measured in accordance with § 304 of this subtitle, except as may be stated elsewhere in this title.

Group Instruction Center or Studio: An establishment that principally offers group instruction in the performing arts, the martial arts, physical exercise, or yoga.

Habitable Room: An undivided enclosed space used for living, sleeping, or kitchen facilities.

Health Care Facility: A facility that meets the definition for and is licensed under the District of Columbia Health Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code §§ 44-501, et seq.)

Height Act: The Act to Regulate the Height of Buildings in the District of Columbia, approved June 1, 1910, as amended (36 Stat. 452, as amended; D.C. Official Code §§ 6-601.01 to 6-601.09).

Height, Floor-to-Ceiling Clear: The vertical distance measured from the finished floor to the underside of the finished ceiling. (See Subtitle B § 328.)

Historic District: An area listed as an historic district in the D.C. Inventory of Historic Sites, or which the State Historic Preservation Officer has nominated or issued a written determination to nominate to the National Register of Historic Places after a public hearing before the Historic Preservation Review Board.

Historic Landmark: A building, structure, object or feature, and its site, or a site that is listed in the D.C. Inventory of Historic Sites, or for which an application for listing is pending with the Historic Preservation Review Board (provided the statutory time period for consideration of the application has not expired).

Historic Landmark and Historic District Protection Act of 1978: An Act adopted by the Council of the District of Columbia effective March 3, 1979, as amended (D.C. Law 2-144; D.C. Official Code §§ 6-1101 to 6-1115).

Historic Resource: A historic landmark or a building, structure, object or feature, and its site, that contributes to the character of a historic district, as determined in accordance with the Historic Landmark and Historic District Protection Act of 1978.

Home Occupation: An accessory use, including a business, profession, or other economic activity, which is conducted full-time or part-time in a dwelling unit or its accessory building or accessory structure that serves as the principal residence of the practitioner.

Home Sales Party: a gathering that is held at a dwelling of any kind for the purpose of selling or distributing goods or services.

Hospice: A program of in-house, outpatient, or inpatient medical nursing, counseling, bereavement, and other palliative and supportive services to terminally ill individuals and their families.

Hotel: A building or part of a building in which not less than thirty (30) habitable rooms or suites are reserved primarily for transient guests who rent the rooms or suites on a daily basis and where meals, prepared in a kitchen on the premises by the management or a concessionaire of the management, may be eaten in a dining room accommodating simultaneously not less than thirty (30) persons. The dining room shall be internally accessible from the lobby. The term "hotel" shall not be interpreted to include an apartment house, rooming house, boarding house, or private club. All areas within a hotel shall be included in one (1) of the following categories:

Commercial adjuncts - retail and service establishments customarily incidental and subordinate to hotel use, such as restaurant, dining room, cocktail lounge, coffee shop, dry cleaning, laundry, pressing or tailoring establishment, florist shop, barber shop, beauty parlor, cigar or news stand, and other similar uses;

Exhibit space - floor area within a hotel primarily designed for the display and storage of exhibits for conferences, trade fairs, and similar group events;

Function room - a room within a hotel used primarily to accommodate gatherings of hotel guests and visitors, such as meetings, banquets, and other group events;

Guestroom areas - floor area within a hotel devoted to guestrooms or suites, including individual bathrooms, entrance foyers, corridors, elevators, stairs, floor pantries, and other space directly supportive of guestrooms. The main lobby, front desk, and hotel administrative offices are also included in guestroom areas for purposes of pro-rating floor area between residential and nonresidential uses in applicable zones; or

Service areas - floor area within a hotel devoted to mechanical services and storage supportive of the hotel as a total entity, including boiler room, mechanical platforms, electrical switchboard, workshops and maintenance areas, storage areas, employee facilities (locker rooms, canteen, and engineer's office), and similar uses.

Household: Shall be defined as one (1) of the following:

One (1) family related by blood, marriage, adoption, or foster agreement;

Not more than six (6) persons who are not so related, living together as a single house-keeping unit;

A religious community having not more than fifteen (15) members; or

A residential facility providing housing for up to six (6) persons with disabilities and two (2) caregivers. For purposes of this subsection, a "disability" means, with respect to a person, a physical or mental impairment which substantially limits one (1) or more of such person's major life activities, or a record of having, or being regarded as having, such an impairment, but such item does not include current, illegal use of a controlled substance.

Housing Trust Fund: Either the fund established under § 3 of the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-202; D.C. Official Code § 42-2802 (formerly codified at D.C. Code § 45-3102 (1996 Repl.))); or an organization that qualifies as a nonprofit organization under § 501(c)(3) of the Internal Revenue Code of 1986, approved October 22, 1986 (68A Stat. 163; 26 U.S.C. § 501(c)(3)), and that also:

Exists primarily for the purpose of assisting in the production of affordable housing units;

Operates a trust fund that disburses money for affordable housing;

Receives applications for funds directly from developers of affordable housing;

Has adopted criteria for selection of projects and allocation of funds among various types of affordable housing developments; and

Has been certified by the Director of the D.C. Department of Housing and Community Development as a qualifying nonprofit organization that also complies with the requirements of (a) through (d) of this definition.

Inclusionary Development: A residential development that is subject to the provisions of Subtitle C, Chapter 10, Inclusionary Zoning, as a Mandatory Inclusionary Development (including an IZ Plus Inclusionary Development) or Voluntary Inclusionary Development, or that is required to comply with the provisions therein by an order of the Zoning Commission or of the Board of Zoning Adjustment, as established by Subtitle C § 1001.2.

Inclusionary Unit: A dwelling unit set aside for sale or rental to eligible households as required by Subtitle C, Chapter 10, Inclusionary Zoning, or as established by an order of the Zoning Commission or of the Board of Zoning Adjustment.

Inclusionary Zoning Act (IZ Act): The Inclusionary Zoning Implementation Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-275, as amended; D.C. Official Code § 6-1041.01, et seq.). References to the IZ Act include any Mayor’s Order, agency rule (including Chapter 22 of the Housing Regulations (Title 14 of the DCMR)), or administrative issuance promulgated pursuant to that legislation.

Inn: A building or part of a building in which habitable rooms or suites are reserved primarily for transient guests who rent the rooms or suites on a daily basis. Guestrooms or suites may include kitchens, but central dining, other than breakfast for guests, is not allowed. The term "inn" may be interpreted to include an establishment known as a bed and breakfast, hostel, or tourist home, but shall not be interpreted to include a hotel, motel, private club, rooming house, boarding house, tenement house, or apartment house. For the purposes of this definition, the limitation on central dining does not prohibit an inn from allowing guests to prepare their meals at centrally located cooking facilities and to eat such meals in a central dining area.

Intermediate Materials Recycling Facility: A structure used for the receipt, separation, storage, conversion, baling, and/or processing of paper, metal, glass, plastics, tires, bulk waste, and other non-biodegradable recyclable materials for the purpose of reutilization of the materials. Such facility shall not include storage or processing of biodegradable materials, construction and demolition debris, white goods, and hazardous substances, as defined by the District of Columbia Environmental Policy Act of 1989, effective October 18, 1989 (D.C. Law 8-36; D.C. Official Code § 8-109.02), and the rules and regulations pursuant thereto. The facility shall be limited in operation to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of acceptable materials. The structure shall be fully enclosed by solid walls, exclusive of doors and windows, and a roof. Doors and windows shall be operative and kept closed except for the coming and going of vehicles and individuals.

International Organization: A public international organization designated as such pursuant to § 288 of the International Organizations Immunities Act, approved December 29, 1995 (59 Stat. 669; 22 U.S.C. §§ 288 - 288f-3), or a public international organization created pursuant to a treaty or other international agreement as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs, and an official mission (other than a United States mission) to such a public international organization, including any real property of such an organization or mission and including the personnel of such an organization or mission.

Large Format Retail: A single retailer or common retail space with a minimum floor space of fifty thousand square feet (50,000 sq. ft.); the use shall include warehouse club stores with or without paid memberships, discount retailers, and similar uses. A large format retailer may include grocery sales as a secondary use but a grocery store shall not be considered a large format retail use.

Legitimate Theater: A building, or a part of a building, that is designed and used for the presentation of live plays and other forms of dramatic performance. The facility typically has a stage or other performing area plus tiers of seats for the audience, or other arrangements for the audience to sit or stand to view the performance.

Loading berth: An off-street space provided for cargo vehicles, when loading and unloading.

Lot: The land bounded by definite lines that, when occupied or to be occupied by a building or structure and accessory buildings, includes the open spaces required under this title. A lot may or may not be the land so recorded on the records of the Surveyor of the District of Columbia.

Lot Line, Alley: A lot line that abuts an alley.

Lot Line, Street: A lot line that abuts a street.

Lot Lines: The lines bounding a lot as defined in this section.

Lot Occupancy: The percentage of the total area of a lot that is occupied by the total building area of all buildings on the lot.

Lot of Record: A lot recorded on the records of the Surveyor of the District of Columbia.

Lot Width: The distance between the side lot lines, measured along the building line; except that, in the case of an irregularly shaped lot, the width of the lot shall be the average distance between the side lot lines. When the building line is on a skew, the width of the lot shall be the distance between side lot lines perpendicular to the axis of the lot taken where either side lot line intersects the building line.

Lot, Alley: Is either a lot that is recorded on the records of the Surveyor, District of Columbia, that faces or abuts an alley that does not face or abut a street at any point (alley record lot) or a lot that is recorded on the records of the D.C Office of Tax and Revenue, on or before November 1, 1957, that faces or abuts an alley that does not face or abut a street at any point (alley tax lot).

Lot, Corner: A lot fronting on two (2) or more streets at their junction, with the streets forming with each other an angle of forty-five degrees (45°) up to and including one hundred thirty-five degrees (135°).

Lot, Interior: A lot other than a corner lot or a triangular lot.

Lot, Theoretical: A lot determined by dividing the subdivided lot into theoretical building sites.

Lot, Through: An interior lot having frontage on two (2) or more streets where the streets differ in direction by forty-five degrees (45°) or less.

Lot, Triangular: A lot fronting on two (2) streets at their junction, the streets forming with each other an angle of less than forty-five degrees (45°).

Main Floor: The floor of the story in which the principal entrance of a building is located.

Manufacturing, Light: A light production, distribution and repair use where all processing, fabricating, assembly, or disassembly of items takes places wholly within an enclosed building.

Map Amendment: A change to the zoning designation of a lot or lots on the District of Columbia Zoning Map.

Marina: The use of land, buildings, structures, and the surface of water for the provision of docking and storage facilities for boats.

Mass Transit Facilities: Facilities, such as but not limited to stations, trackage, ventilating and electrical equipment, parking lots or structures and bus or automobile transfer areas, that have been determined by the Council of the District of Columbia to be necessary to the operation of a fixed right-of-way mass transit system and subject to the restrictions and conditions as may be imposed by the Council of the District of Columbia. Mass transit facilities shall not include commercial, residential, industrial, or other development located in, on, or over facilities approved as part of the basic operating system.

Material Salvage: The processing for further use of goods, wares, merchandise, substances, articles, or things.

Mayor: The Mayor of the District of Columbia.

Media Studio: A studio space dedicated to the recording or production of audio and/or visual art forms or the broadcast via radio, television, internet or other media of audio and/or visual art forms, or the combination of any of the above.

Median Family Income (MFI): The Median Family Income for a household in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the United States Department of Housing and Urban Development, adjusted for family size without regard to any adjustments made by the United States Department of Housing and Urban Development for the purposes of the programs it administers.

Metrorail Station: Rapid transit station operated by the Washington Metropolitan Area Transit Authority (WMATA).

Mezzanine: A floor space within a story between its floor and the floor or roof next above it and having an area of not more than one-third (1/3) of the area of the floor immediately below and which shares a common ceiling. Except in an RF zone, a mezzanine shall not be considered a story in determining the maximum number of permitted stories. In an RF zone, a mezzanine shall be considered a story in determining the maximum number of permitted stories within a principal structure, but shall not be considered a story in determining the maximum number of permitted stories within an accessory building.

Monopole: A single, self-supporting pole-type structure, supporting a fixture designed to hold one (1) or more antennas. Such structures shall not be deemed ground-mounted antennas as that term is used in this chapter.

Mount: The necessary support structure to which an antenna is attached, not including antenna towers or monopoles.

Multifamily Project: As defined by the Secretary of the U.S. Department of Housing and Urban Development (HUD), means a project which consists of not less than five (5) dwelling units on one (1) site, each such unit providing complete living facilities including provisions for cooking, eating, and sanitation within the unit and which is not now covered by a mortgage insured or held by the Secretary.

Nonconforming Structure: A structure lawfully existing at the time this title or any amendment to this title became effective that does not conform to all provisions of this title or such amendment, other than use, parking, loading, and penthouse or rooftop structure requirements. Regulatory standards that create nonconformity of structures include, but are not limited to, height of building, lot area, width of lot, floor area ratio, lot occupancy, setback, court, and residential recreation space requirements.

Nonconforming Use: Any use of land or of a structure, or of a structure and land in combination, lawfully in existence at the time this title or any amendment to this title became effective that does not conform to the use provisions for the zone in which the use is located. A use lawfully in existence at the time of adoption or amendment of this title that would thereafter require special exception approval from the Board of Zoning Adjustment shall not be deemed a nonconforming use. That nonconforming use shall be considered a conforming use, subject to the further provisions of Subtitle X.

Optical Transmission Node: An interior or exterior facility that is utilized as remote terminal units for the operation of such things as cable television systems, high-speed internet access, and interactive video, not including any broadcast antenna or related towers for the transmission of radio waves.

Organization, Non-Profit: An organization organized, registered with the appropriate authority of government, and operated exclusively for religious, charitable, literary, scientific, community, or educational purposes, or for the prevention of cruelty to children or animals; provided that no part of its net income inures to the benefit of any private shareholder or individual.

Parapet: A vertical extension of a wall of a building above the roof.

Parking Area: The area of a lot, building, or structure devoted to parking spaces, attendant driveways, aisles, queuing lanes, and landscaping. All such areas on a lot shall be considered to constitute a single parking area, even if the areas are not contiguous.

Parking Lot: A tract of land used for the temporary parking of motor vehicles when the use is not accessory to any other use.

Parking Space: An accessible off-street area to be used exclusively for the temporary parking of a motor vehicle subject to the dimensional requirements of Subtitle C, Chapter 7.

Parking Space, Bicycle: A space for the temporary storage of a bicycle in the form of a rack, locker, or storage area of appropriate design and dimension, used exclusively for the storage of a bicycle, subject to the dimensional requirements of Subtitle C, Chapter 8.

Parking Space, Compact: A parking space designed for smaller cars which meets the requirements of Subtitle C.

Parking Space, Shared: A parking space that is made available to more than one (1) use, or to the general public and that meets the requirements of Subtitle C.

Parking Space, Structured: A parking space that is within a building or structure above grade.

Parking Space, Surface: A parking space that is not within a building or structure.

Party: An applicant, or the Advisory Neighborhood Commission for the area within which the property that is the subject of the contested case is located, or any person who is accepted as a party by the Commission pursuant to Subtitle Z, or by the Board of Zoning Adjustment pursuant to Subtitle Y.

Penthouse: A structure that has a roof and is partly to fully enclosed on all sides and is located on or above the roof of any part of a building.

Penthouse Habitable Space: A space within a penthouse devoted to any residential or non-residential use permitted in the zone, unless otherwise restricted, other than penthouse mechanical space. The term penthouse habitable space shall include, but not be limited to, residential living space, recreation or amenity space, office, commercial, retail, service, eating or drinking establishment, or other commercial use, and associated facilities such as storage, hallways, stairwells, kitchen space, change rooms, and lavatories.

Penthouse Mechanical Space: A space within a penthouse not devoted to habitable space, including but not limited to mechanical equipment for the building, elevator over-rides, or stair towers.

Permeable Paving: A surface that facilitates water infiltration through paving material while providing a stable, load-bearing surface. Examples include pervious concrete, porous asphalt, perforated brick pavers, flexible porous paving (including porous rubber), mechanically reinforced grass, but do not include grass or gravel.

Pervious Surface: A surface that allows the percolation of water into the underlying soil. Pervious surfaces are required to be contained so neither sediment nor the pervious surface discharges off the site. Pervious surfaces include grass, mulched groundcover, planted areas, vegetated roofs, permeable paving as well as porches and decks erected on pier foundations that maintain the covered lot surface’s water permeability. Pervious surfaces do not include any structure or building, any porch or deck that limits the covered lot surface from absorbing water, or any outdoor stairs, on-grade surface sports court, swimming pool, artificial turf, sidewalk or patio constructed of concrete, asphalt, brick, compacted gravel or other material that impedes the infiltration of water directly into the subsurface of the lot.

Pet Grooming Establishment: An establishment that, for a fee, trims or cleans domestic pets, such as dogs and cats. A pet grooming establishment is considered an animal boarding use if more than ten (10) animals are on the premises at a time or the overnight stay of animals is permitted.

Pet Shop: A store for the sale of dogs, cats, birds, tropical fish, and/or other domesticated pets, to the extent permitted by the Animal Protection Amendment Act of 2008, effective December 5, 2008 (D.C. Law 17-281; D.C. Official Code § 8-1808(h)(1)), and related supplies and equipment.

Planned Unit Development (PUD): A plan for the development of residential, institutional, and commercial developments, industrial parks, urban renewal projects, or a combination of these, on land of a minimum area in one (1) or more zones irrespective of restrictions imposed by the general provisions of the Zoning Regulations, as more specifically set forth in Subtitle X, Chapter 3.

Prepared Food: Food that is assembled and heated by microwave, heating lamps or toaster, on the premises of a prepared food shop.

Prepared Food Shop: A food and beverage business that offers seating or carry out service, or both, and which is principally devoted to the sale of prepared food, non-alcoholic beverages, or cold refreshments. This term includes, but is not limited to, an establishment known as a sandwich shop, coffee shop, or an ice cream parlor.

Presiding Officer: The chairperson or the chairperson pro tem of the Zoning Commission or the Board of Zoning Adjustment, as relevant.

Public Library: A facility that falls into one (1) of the following categories:

Full-Service Neighborhood - A District of Columbia Public Library housed in a permanent structure that may include meeting rooms, staff work rooms, kitchen facilities and book overflow space. It contains space for a variety of activities, such as children’s story hour, film showings and book talks, to take place simultaneously;

Community - A District of Columbia Public Library housed in a portable structure that may include a small staff and minimal space for activities; or

Kiosk - A District of Columbia Public Library housed in a portable structure with no space for activities.

Public Recreation and Community Center: An area, place, structure, or other facility under the jurisdiction of a public agency that is used for community recreation activities. A public recreation or community center may provide a range of health and wellness, cultural, and arts and crafts activities, and educational classes and services. The center may include, but not be limited to, auditorium, multi-purpose room, gymnasium, meeting space, open space, playground, playing court, playing field, and swimming pool. The center shall not include examination rooms, treatment rooms, or other facilities for regular use by members of the medical or dental professions, but may include a first aid room. Such centers may have pantry-type kitchens with limited food storage and preparation areas, but shall not have kitchen facilities that are of the size customarily used to serve meals for large numbers of persons on a regular basis.

Recreational Building or Use: Any establishment providing facilities for recreation; including, but not limited to, picnicking, boating, fishing, bicycling, tennis, and activities incidental to the foregoing, but not including golf driving ranges or any mechanical amusement device.

Regional Command Center: A Police Department Local Facility used for community outreach or administrative control and managerial services for operations, for a specific geographic area that encompasses two (2) or more districts or commands of the Metropolitan Police Department.

Restaurant: A place of business that does not meet the definition of a “fast food establishment” or “prepared food shop,” where food, drinks or refreshments are prepared on the premises and sold to customers primarily for consumption on the premises. This term shall include, but not be limited to, an establishment known as a café, lunch counter, cafeteria, or other similar business, but shall not include a fast food restaurant. In a restaurant, any facilities for carry out shall be clearly subordinate to the principal use of providing prepared foods for consumption on the premises. A restaurant may include ancillary carry out sales, provided that there is no designated carry out counter or window, no drive through facility, and the carry out service is not an advertised element of the business.

Retaining Wall: A vertical, self-supporting structure constructed of concrete, durable wood, masonry or other materials, designed to resist the lateral displacement of soil or other materials. The term shall include concrete walls, crib and bin walls, reinforced or mechanically stabilized earth systems, anchored walls, soil nail walls, multi-tiered systems, boulter walls, or other retaining structures.

Rooming Unit: One (1) or more habitable rooms forming a single, habitable unit used or intended to be used for living or sleeping purposes; but not for the preparation or eating of meals.

School, Public: A building or use within a building, structure, or use within a building operated or chartered by the District of Columbia Board of Education or the District of Columbia Public Charter School Board for educational purposes and such other community uses as deemed necessary and desirable.

The term shall include all educational functions, the building or structure required to house them, and all accessory uses normally incidental to a public school, including but not restricted to athletic fields, field houses, gymnasiums, parking lots, greenhouses, playgrounds, stadiums, and open space.

The term also shall include a community-centered school campus; provided, that no part of the building or structure shall be used to house the administrative offices or maintenance and repair shop intended or used for the entire school system, or as a technical or vocational school.

Self-Storage Establishment: A building devoted to the storing of personal property (property other than real property) that:

(a) Consists of a building partitioned into one (1) or more enclosed and lockable storage units at least one of which does not exceed four hundred square feet (400 sq. ft.) in area, for lease on an individual basis; and

Is leased on an individual basis to persons or businesses to store personal property on a self-service basis in which the lessee has control over the access and use of the self-storage space.

Service/Delivery Loading Space: An off-street space provided for motor vehicles that are twenty feet (20 ft.) in length or less, and that are making deliveries and/or providing a maintenance service. This space shall not be considered a parking space or a loading berth.

Setback, Front: A distance required between a building and a street lot line, and measured from the street lot line inward to the lot.

Sexually-Oriented Business Establishment: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals, films, materials, and articles, or an establishment that presents as a substantial or significant portion of its activity, live performances, films, or other materials, that are distinguished or characterized by their emphasis on matters depicting, describing, or related to specified sexual activities and specified anatomical areas.

These establishments may include, but are not limited to, bookstores, newsstands, theaters, and amusement enterprises. If an establishment is a sexually-oriented business establishment as defined here, it shall not be deemed to constitute any other use permitted under the authority of this title.

Shed: An accessory building, not used for habitable or automobile purposes, that does not exceed 50 square feet (50 sq. ft.) in area and is less than 10 feet (10 ft.) in overall height.

Short-Term Rental: A use as defined by the Short-Term Rental Regulation Act of 2018 (D.C. Law 22-307), that has a valid Basic Business License from the Department of Consumer and Regulatory Affairs with a “Short-Term Rental” or “Short-Term Rental: Vacation Rental” endorsement.

Specified Anatomical Areas: Parts of the human body as follows:

(a) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and

(b) Human genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified Sexual Activities: The following activities:

(a) Acts of human masturbation, sexual intercourse, sexual stimulation or arousal, sodomy, or bestiality; and

(b) Fondling or other erotic touching of human genitals, pubic region, buttock, or breast.

Square: Land designated as a square on the records of the Surveyor of the District of Columbia.

Stable, Private: An accessory building housing not more than four (4) horses or other equine animals for private use and not for remuneration, hire, or sale. The building may also house not more than four (4) horse-drawn vehicles.

Stable, Public: A stable, other than a private stable.

Stealth Structure: A free standing structure, or an extension of a building the primary purpose of which is to enclose and screen antennas from view. Such structures may include, but are not limited to flag poles, tree poles, bell towers. Stealth antenna structures may include, but are not limited to, flag poles, light poles, fence supports, steeples, cupolas, artificial trees, and other appropriate architectural elements.

Story: The space between the surface of two (2) successive floors in a building or between the top floor and the ceiling or underside of the roof framing as measured in accordance with § 310 of this subtitle. For the purpose of determining the maximum number of permitted stories, the term "story" shall not include cellars, penthouses, or rooftop structures.

Story, Top: The uppermost portion of any building or structure that is used for purposes other than penthouses or rooftop structures. The term "top story" shall exclude architectural embellishment, penthouse, or rooftop structure.

Street: A public highway designated as a street, avenue, or road on the records of the Surveyor of the District of Columbia.

Street Frontage: The property line where a lot abuts upon a street. When a lot abuts upon more than one (1) street, the owner shall have the option of selecting which is to be the front for purposes of determining street frontage.

Street, Designated: A street within the boundaries of the D zones whose categorization as Primary, Secondary or Tertiary indicates that a building with frontage on that street must adhere to additional dimensional or use regulations that would not apply to a building in a D zone without frontage on a Designated Street.

Street, Designated Business: For the purpose of administering this title, that portion of the Height Act that designates certain streets as "business streets" shall be interpreted to mean those sides and portions of any street located in an MU, NC, PDR, or D zone, or any zone in Subtitle K.

Streetcar Line: A streetcar or light rail line developed and operated in partnership by the District Department of Transportation (DDOT) and the Washington Metropolitan Area Transit Authority (WMATA).

Structure: Anything constructed, including a building, the use of which requires permanent location on the ground, or anything attached to something having a permanent location on the ground and including, among other things, radio or television towers, reviewing stands, platforms, flag poles, tanks, bins, gas holders, chimneys, bridges, and retaining walls. The term structure shall not include mechanical equipment, but shall include the supports for mechanical equipment. Any combination of commercial occupancies separated in their entirety, erected, or maintained in a single ownership shall be considered as one (1) structure.

Structure, Rooftop: A structure with no roof that is located on or above the roof of any part of a building, including but not limited to, unenclosed mechanical equipment (notwithstanding the definition of “structure”), screening for mechanical equipment, gooseneck exhaust ducts serving kitchen and toilet ventilating systems, roof mounted antennas, solar panels, skylights, roof hatches, trellises (regardless of beam spacing) with unenclosed sides, trash chutes, plumbing vent stacks, rooftop platforms for swimming pools, roof decks, temporary enclosures, and guardrails.

Substance Abusers Home: A community residence facility that offers a sheltered living arrangement, for one (1) or more individuals diagnosed as abusers of alcohol, drugs, or other controlled substances and as defined and certified under District of Columbia, 22 DCMR, Chapter 63 (2015).

Sustainability: To create and maintain conditions, under which humans and nature can exist in productive harmony, that permit fulfilling the social, economic, and other requirements of present and future generations of District residents.

Uptown Center: A multi-purpose major activity center with strong transit orientations and significant concentration of employment and high density residential as the principal elements, developed in a manner that serves the surrounding lower density community while protecting it from avoidable intrusions.

Urban Tree Canopy: The layer of leaves, branches, and stems of trees that cover the ground when viewed from above.

Use: The purpose or activity for which a lot or building is occupied. Use shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied, offered for occupancy."

Use, Accessory: A use customarily incidental and subordinate to the principal use and located on the same lot with the principal use. Except for Short-Term Rentals and unless otherwise specifically permitted, an accessory use shall be limited to twenty percent (20%) of the gross floor area.

Use, Principal: The primary purpose or activity for which a lot, structure, or building is occupied.

Use, Temporary: Any use which is established for a fixed period of time with the intent that permission for that use will expire automatically unless renewed. The time period of the allowance of the use shall be determined by the certificate of occupancy.

Vegetated Roofs: A horizontal or near-horizontal surface on top of a building or structure covered with vegetation and a growing medium. Vegetated roofs are intended to promote water or energy conservation by using plants and soils to slow, filter, and infiltrate stormwater runoff. Vegetative roofs may be intensive or extensive but are not limited to modular or layered growth systems.

Vegetated Walls: A vertical or near vertical surface covered with vegetation and in some cases, a growing medium. Vegetated walls may include but are not limited to walls or screens with climbing vines, espalier trees, or modular planting systems.

Veterinary Boarding Hospital: A veterinary hospital that boards animals as an independent line of business.

Veterinary Hospital: An establishment used by a licensed veterinarian for the practice of veterinary medicine and not as an animal boarding establishment.

Wall, Lot Line: An enclosing wall constructed immediately adjacent to a side lot line, but not a party wall.

Wall Plate: A horizontal member built into or laid along the top of a wall to support and distribute pressure from joists, rafters, etc.

Warehouse: Any building or premises where goods or chattel are stored. The term "warehouse" shall not include storage clearly incidental to the conduct of a retail business or other permitted use on the premises or a Self-Storage Establishment.

Waterfront: That area proximate to either the Washington Channel or Potomac or Anacostia Rivers. See Subtitle C, Chapter 11.

Window well: A subsurface space adjacent to a building open at the top or protected by a grating or guard that affords access, air, light, or emergency egress to a window.

Yard: An exterior space, other than a court, on the same lot with a building or other structure. A yard required by the provisions of this title shall be open to the sky from the ground up, and shall not be occupied by any building or structure, except as specifically provided in this title. No building or structure shall occupy in excess of fifty percent (50%) of a yard required by this title.

Yard, Front: A yard between the front façade of a building and the front lot line. The front yard when required, shall extend for the full width of the front of the lot.

Yard, Rear: A yard between the rear line of a building or other structure and the rear lot line, except as provided elsewhere in this title. The rear yard shall be for the full width of the lot and shall be unoccupied, except as specifically authorized in this title.

Yard, Side: A yard between any portion of a building or other structure and the adjacent side lot line, extending for the full depth of the building or structure.

Youth Rehabilitation Home: A facility providing residential care for one (1) or more individuals less than twenty-one (21) years of age who have been detained or committed by a court under the law of the District or under federal law.

Youth Residential Care Home: A facility providing safe, hygienic, sheltered living arrangements for one (1) or more children, not related by blood, adoption, or marriage to the operator of the facility, who are ambulatory and able to perform the activities of daily living with minimal assistance. For purposes of this definition, a child means any individual who is:

Under eighteen (18) years old; or

Eighteen (18) to twenty (20) years and in the care and custody of the Child and Family Services Agency or its successor agency.

Zone: A geographic area delineated on the Zoning Map, which corresponds to the regulations included in DCMR Title 11.

Zone Boundary Line: The line that forms the perimeter of a zone, as mapped in accordance with this title.

Zoning Act: The Zoning Act of 1938, approved June 20, 1938, as amended (52 Stat. 797, as amended; D.C. Official Code §§ 6-641.01 to 641.15).

Zoning Administrator: The Zoning Administrator of the District of Columbia.

Zoning Commission: The independent quasi-judicial body charged with preparing, adopting and amending the Zoning Regulations and Zoning Map, campus plans, airspace development in public space, and planned unit developments.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 63 DCR 15404 (December 16, 2016); as amended by Final Rulemaking published at 64 DCR 340 (January 13, 2017); as amended by Final Rulemaking published at 64 DCR 4055 (April 28, 2017); as amended by Final Rulemaking published at 64 DCR 6110 (June 30, 2017); as amended by Final Rulemaking published at 64 DCR 7254 (July 28, 2017); as amended by Final Rulemaking published at 65 DCR 8555 (August 17, 2018); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 67 DCR 1543 (February 14, 2020); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020); as amended by Final Rulemaking published at 67 DCR 14506 (December 11, 2020); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 70 DCR 011503 (August 25, 2023); as amended by Final Rulemaking published at 72 DCR 006320 (May 30, 2025); as amended by Final Rulemaking published at 72 DCR 009494 (September 5, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 100

11-B2 USE CATEGORIES

11-B DCMR § 200 INTRODUCTION

INTRODUCTION

Use permissions for each zone are identified in the Land Use subtitles.

200.2 When used in this title, the following use categories shall have the following meanings:

Agriculture, Large:

The on-site cultivation or maintenance of plants, or the breeding or keeping of animals and livestock, intended for personal use or eventual sale or lease off-site;

Typical products of an agricultural use include produce, field crops, flowers, ornamental crops, livestock, poultry, honeybees, or other animal husbandry;

Examples include, but are not limited to: farm, truck garden, beekeeping, greenhouse, dairy, or horticultural nursery; and

Exceptions: This use category does not include the customary landscaping of yards, residential gardening, or household pets;

Agricultural, Residential:

The on-site cultivation or maintenance of plants, or keeping of small domestic animals, intended for personal use, sale on-site, or eventual sale off-site;

Typical products of a residential agricultural use include produce, garden crops, flowers, and honeybees;

This use category does not include the customary landscaping of yards, keeping of household pets, or the breeding or housing of large breed animals; and

Examples include, but are not limited to: small-scale truck garden, beekeeping, greenhouse, or community garden;

Animal Sales, Care, and Boarding:

The on-site sale, medical care, or short-term boarding of animals for a fee;

These uses may include licensed veterinary practices such as medicine, surgery, or dentistry for animals, or the provision of animal services such as grooming, training, or care-taking;

Examples include, but are not limited to: pet shop, veterinary clinic or hospital, pet grooming establishment, dog day care center, animal boarding facility, animal sales establishment, or animal shelter; and

Exceptions: This use category does not include uses which would typically fall within the agriculture use categories or the selling of a litter of a domestic pet;

Antennas:

A structure conducting, transmitting, or receiving communication signals;

This use category encompasses the portions of the structure responsible for signal transmission and reception, any associated towers, immediately related support and stabilizing elements, and rotating or other directional mechanisms; and

Examples include, but are not limited to: commercial broadcast antenna, mobile telecommunication antenna, microwave dish, satellite earth station, whip, or yagi antennas;

Arts, Design, and Creation:

The on-site design, rehearsal, or creation of visual, auditory, or performance art;

This use may encompass work space for artists, artisans, or craftsmen practicing fine arts or applied arts or crafts, and may include the sale of items created on the site;

Examples include, but are not limited to: artist studio, artisan production including kiln-firing, metal-working, wood-working, furniture making and glass-blowing arts, or photographic studio; and

Exceptions: This use category does not include uses which would typically fall within the entertainment, assembly, and performing arts, educational, or sexually-oriented business establishment use categories;

Chancery:

The principal offices of a foreign mission used for diplomatic or related purposes, and annexes to such offices (including ancillary offices and support facilities), including the site and any building on such site that is used for such purposes; and

Exceptions: This use category does not include uses which would typically fall within the office or residential use categories, such as an ambassador’s residence or embassy staff residence building;

Community-Based Institutional Facility:

A use providing court-ordered monitored care to individuals who have a common need for treatment, rehabilitation, assistance, or supervision in their daily living; have been assigned to the facility; or are being detained by the government, other than as a condition of probation;

Examples include, but are not limited to: adult rehabilitation home, youth rehabilitation home, or detention or correctional facilities that do not fall within the large-scale government use category; and

Exceptions: This use category does not include uses which more typically would fall within the emergency shelter or large-scale government use category. This use category also does not include residential or medical care uses that were previously defined as community residence facilities, health care facilities, substance abuser’s homes, or youth residential care homes;

(h) Daytime Care:

(1) The non-residential licensed care, supervision, counseling, or training, for a fee, of individuals who are not related by blood, adoption, or marriage to the caregiver, and who are present on the site for less than twenty-four (24) hours per day;

(2) Examples include, but are not limited to: an adult day treatment facility, child development center, pre-schools, nursery schools, before-and-after school programs, child development homes, an expanded child development home, and elder care centers and programs; and

(3) Exceptions: This use category does not include uses which more typically fall within the medical care or parks and recreation use categories. This use does not refer to home-based care given by parents, guardians, or relatives of the individuals requiring care and uses which do not require a certificate of occupancy;

Eating and Drinking Establishments:

The sale of food, alcoholic drinks, or refreshments prepared on the premises and sold to customers for consumption on or off the premises;

Examples include, but are not limited to: prepared food shop, restaurant, fast food restaurant, or fast food drive-through; within these defined terms, uses may also include, but are not limited to, bar, café, cafeteria, cocktail lounge, coffee shop, delicatessen, an ice cream parlor or nightclub; and

Exceptions: This use category does not include uses which more typically would fall within the sexually-oriented business establishment use category;

(j) Education, College/University:

An institution of higher educational or academic learning providing facilities for teaching and research, offering courses of general or specialized study leading to a degree, and authorized to grant academic degrees; and

Above uses may include, but are not limited to: accessory athletic and recreational areas, dormitories, cafeterias, ancillary commercial uses, multiple academic and administrative buildings, or sports facilities;

(k) Education, Private:

An educational, academic, or institutional use with the primary mission of providing education and academic instruction that provides District or state mandated basic education or educational uses;

Above uses may include, but are not limited to: accessory play and athletic areas, dormitories, cafeterias, recreational, or sports facilities; and

Exceptions: This use category does not include uses which more typically would fall within the daytime care, public education or college/university education use category. This use category also does not include the home schooling of children in a dwelling by their parent, guardian, or private tutor;

Education, Public:

Public or public charter schools at the elementary, middle, junior high, or high school level;

Above uses may include, but are not limited to: accessory athletic areas, dormitories, cafeterias, recreational, or sports facilities; and

Exceptions: This use category does not include uses which more typically would fall within the daytime care, private education or college/university education use category. This group also does not include the home schooling of children in a dwelling by their parent, guardian, or private tutor;

Entertainment, Assembly, and Performing Arts:

A use involving facilities designed primarily for public assembly that enables patrons to experience visual, auditory, performance, or literary arts; attend sporting events or conferences; or to participate in active leisure activities;

These uses may be characterized by activities and structures that draw large numbers of people to specific events or shows;

Examples include, but are not limited to: bowling alley, miniature golf, movie theatre, concert hall, museum, or stadium; and

Exceptions: This use category does not include uses which more typically would fall within the arts design and creation, sexually-oriented business establishment, or parks and recreation use categories;

Firearm Sales:

A use engaged in the on-site sale, lease, or purchase of firearms or ammunition;

This use category has been established to identify those uses which offer sales of goods whose impacts are incompatible with the intended health, safety, and welfare of other uses of land; and

Examples include, but are not limited to: gun store, ammunition sales, pawn shop carrying guns, or weaponry store;

Government, Large Scale:

A use involving services owned, managed, or provided by a governmental entity and associated with providing regional or wider services;

Examples include, but are not limited to: airports, jails, truck dispatch facilities, or police/fire training facilities; and

Exceptions: This use category does not include uses which more typically would fall within the motor vehicle-related or transportation infrastructure use categories;

Government, Local:

A use involving services owned, managed, or provided by local government and associated with providing neighborhood-scaled services to meet the community needs of the directly adjacent areas;

Examples include, but are not limited to: public community centers, police stations, libraries, driver’s license road test facilities, or fire stations; and

Exceptions: This use category does not include large-scale government uses with a regional or larger service area or uses which more typically would fall within the large-scale government, emergency shelter, parks and recreation, or motor vehicle-related use category. It also does not include administrative offices of local government agencies, when those office functions meet the definition of the office use category;

Institutional, General:

A non-governmental use involving the public assembly of people or provision of services for social or cultural purposes and which may include uses of a public, nonprofit, or charitable nature generally providing local service on-site to people of a local community;

Examples include, but are not limited to: private clubs, private community centers, private libraries, non-profits, or social service providers; and

Exceptions: This use category does not include uses which more typically would fall within the religious based institutional; chancery; education; entertainment, assembly, and performing arts; local government; service; office; or parks and recreation use categories;

Institutional, Religious Based:

A non-governmental use involving the public assembly of people or provision of services for religious purposes and which may include related services or uses fundamental to the religious mission;

Examples include, but are not limited to: churches, synagogues, temples, mosques, other places of worship, or related religious schools; and

Exceptions: This use category does not include uses which more typically would fall within the general institutional; chancery; education; entertainment, assembly, and performing arts; local government; service; office; or parks and recreation use categories;

Lodging:

A use providing customers with temporary housing for an agreed upon term of less than thirty (30) consecutive days; any use where temporary housing is offered to the public for compensation, and is open to transient rather than permanent guests;

Examples include, but are not limited to: hotels, motels, inns, hostels, or bed and breakfast establishments; and

Exceptions: This use category does not include uses which more typically would fall within the emergency shelter or residential use categories or Short-Term Rental;

Marine:

A use in which proximity to the waterfront constitutes an integral aspect of its function; or uses which depend upon access to the water for their effectuality;

This use category includes activities associated with water and marine-based travel, movement, storage, and related activities;

Examples include, but are not limited to: marina, boathouse, boat launch, dock or pier, boat repair facility, water taxi facility, or water facilities; and

Exceptions: This use category does not include uses which more typically would fall within the motor vehicle-related use category;

Medical Care:

A use involving the on-site licensed provision of medical diagnosis, treatment, or prevention of illness or disease of humans;

These facilities may provide medical or surgical care to patients or offer overnight care;

Examples include, but are not limited to: dentist, doctor, optician, hospitals, clinics, or medical offices. This use category also includes any facility that meets the definition for and is licensed under the District of Columbia Health Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code §§ 44-501 et seq.); and

Exceptions: This use category does not include uses which more typically would fall within the community-based institutional facility or emergency shelter use category;

Motor Vehicle-Related

A use engaging primarily in the on-site sale, rental, service, maintenance, or refueling of motor vehicles or their components;

These uses include the sale, installation or repair of parts, components, accessories, or fuel for motor vehicles;

Examples include, but are not limited to: gasoline service station, auto repair facility, car wash, automobile sales, boat sales, or motorcycle sales; and

Exceptions: This use category does not include uses which more typically would fall within the retail or parking use category;

Office:

A use engaging primarily in on-site administrative, business, professional, research, or laboratory-based activities;

These uses are characterized by activities in an office setting that focus on the provision of off-site sale of goods or on-site information-based services, usually by professionals;

Examples include, but are not limited to: real estate agency, law firm, accounting firm, advertising agency, stockbrokerage firm, or laboratory; and

Exceptions: This use category does not include uses which more typically would fall within the medical care; education; local government; retail; production, distribution, and repair; financial service; or chancery use categories;

Parking:

A use involving the on-site short or long-term storage of motor vehicles, including surface lots or within structures, when such motor vehicle storage is not provided as accessory parking for another use;

Examples include, but are not limited to: public parking lot, public parking garage, or private garage; and

Exceptions: This use category does not include parking that is accessory to another use;

Parks and Recreation:

A use involving publicly accessible passive or active open space or a structure or facility under the jurisdiction of a public agency that is used for community recreation activities;

Examples include, but are not limited to: public plazas, parks, outdoor recreation, community gardens; areas devoted to recreational activities such as picnicking, boating, fishing, bicycling, tennis, or swimming; classes and services relating to health and wellness, culture, arts and crafts, or education; and structures or other recreation facilities such as auditorium, multi-purpose room, gymnasium, meeting space, open space, playground, playing court, golf course, playing field, or swimming pool, with associated accessory uses such as kitchen facilities; and

Exceptions: This use category does not include private recreation centers such as a commercial gymnasium, or uses which more typically would fall within the entertainment, assembly, and performing arts, arts design and creation, medical care, or service use category;

Production, Distribution, and Repair:

A use involving the on-site production, distribution, repair, assembly, processing, or sale of materials, products, technology, or goods intended for a wholesale, manufacturing, or industrial application;

Uses may include firms that provide centralized services or logistics for retail uses, and wholesale goods establishments commonly selling to businesses in bulk. These uses typically have little contact with the public;

Examples include, but are not limited to: manufacturing facility, concrete plant, asphalt plant, material salvage, hauling or terminal yard, chemical storage or distribution, outdoor material storage, acetylene gas manufacturing, fertilizer manufacturing, rock quarrying, warehouse, storage, self-storage establishment, ground shipping facility, or wholesale sales; and;

Exceptions: This use category does not include uses which more typically would fall within the retail, service, or waste-related services use categories;

Residential:

A use offering habitation on a continuous basis of at least thirty (30) days. The continuous basis is established by tenancy with a minimum term of one (1) month or property ownership;

This use category also includes residential facilities that provide housing and supervision for persons with disabilities, which may include twenty-four hour (24 hr.) on-site supervision, lodging, and meals for individuals who require supervision within a structured environment, and which may include specialized services such as medical, psychiatric, nursing, behavioral, vocational, social, or recreational services;

Examples include, but are not limited to: single dwelling unit, multiple dwelling units, community residence facilities, retirement homes, rooming units, substance abusers’ home, youth residential care home, assisted living facility, floating homes, dormitories, or other residential uses; and

Exceptions: This use category does not include uses which more typically would fall within the lodging, or community-based institutional facility use categories or Short-Term Rental;

Retail:

A use engaging primarily in the on-site sale of goods, wares, or merchandise directly to the consumer or persons without a resale license;

These uses include goods commonly sold to individuals in small quantities for their direct use;

Examples include, but are not limited to: shop, appliance, computer, drug, jewelry, fabric, department, large format, or grocery stores; clothing or gift boutiques; or pawn and antique shops; and

Exceptions: This use category does not include wholesale goods commonly sold to businesses in bulk, corner store use, or uses which more typically would fall within the arts, design, and creation; eating and drinking establishments; automobile-related; firearm sales; marine; production, distribution, and repair; or sexually-oriented business use categories;

Service, General:

A use engaging primarily in the contracting of work that does not necessarily result in a tangible commodity;

These uses may provide personal services or provide small-scale product repair or services for consumer and business goods on-site. Service uses which provide services off-site are typically office uses;

Examples include, but are not limited to: appliance repair, fitness center, yoga studio, shoe repair, tailor, hair salon and barber, or parcel delivery service; and

Exceptions: This use category does not include uses which more typically would fall within the eating and drinking establishments; entertainment, assembly, and performing arts; local government; parks and recreation; animal care and boarding; motor vehicle-related; accommodation; daytime care facility; medical care; sexually-oriented business establishment; arts, design, and creation; marine; or waste-related services use categories;

Service, Financial:

A use engaging primarily in the provision of banking, loan, mortgage or other similar financial services;

Examples include, but are not limited to: banks, credit unions, or mortgage companies; and

Exceptions: This use category does not include uses which more typically would fall within the office use category;

Sexually-Oriented Business Establishment:

A use involving goods, services, or live performances that are characterized by their emphasis on matter depicting, describing, or related to specified sexual activities;

Specified sexual activities include, but are not limited to: acts of sexual stimulation or arousal including human genitals in a discernibly turgid state, human masturbation, sexual intercourse, sodomy, or bestiality; or any erotic touching of human genitals, pubic region, buttock, or breast;

This use category has been established to identify those uses which offer services or goods whose sexually-oriented impacts are incompatible with the intended health, safety, and welfare of other uses of land; and

Examples include, but are not limited to: sexually-themed bookstores, newsstands, theatres, or amusement enterprises;

Transportation Infrastructure:

A use involving structures or conveyances designed for individual mode or multimodal public transportation purposes;

These uses may include land or facilities for the movement or storage of transportation system components;

Examples include, but are not limited to: streetcar or bus passenger depots, transportation rights of way, Metro stations, mass transit stations, bus stops, bicycle paths, bus transfer stations, access ways, airports, bicycle facilities, multi-use paths, pedestrian connections, or streets; and

Exceptions: This use category does not include uses which more typically would fall within the basic utilities use categories; and

(gg) Utility (basic):

The commercial or governmental generation, transmission, distribution, or storage of energy, water, stormwater, cable, or telecommunication-related information;

(2) This use commonly takes the form of infrastructure services which are provided city-wide;

(3) Examples include, but are not limited to: electrical sub-station, telephone exchange, optical transmission node, electronic equipment facility, sewer plant, water treatment plant, methods and facilities for renewable energy generation other than a community solar facility, or utility pumping station; and

(4) Exceptions: This use category does not include a community solar facility use or uses which would typically fall within the antennas or waste-related services use categories;

Waste-Related Services:

A use involving the collection, transportation, recycling, or disposal of refuse either on-site or at a transfer station;

This use category may include the collection of sanitary wastes or uses that produce goods or energy from wastes; and

Examples include, but are not limited to: composting facility, incinerator, solid waste handling facility, or non-intensive recycling facility. Unless otherwise noted, these terms have the same meaning as defined in the Solid Waste Facility Permit Act of 1995, effective February 27, 1996 (D.C. Law 11-94; D.C. Official Code § 8-1051).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 64 DCR 7259 (July 28, 2017); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Errata Notice published at 66 DCR 15225 (November 15, 2019); as amended by Final Rulemaking published at 67 DCR 1543 (February 14, 2020); as amended by Final Rulemaking published at 67 DCR 14506 (December 11, 2020); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 011523 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 200

11-B DCMR § 201 RULES FOR DETERMINING USE CATEGORIES

201.1 Use categories describe activities being performed on-site that have similar functions, physical characteristics, impacts, or operational behaviors.

201.2 All individual uses shall be included in at least one (1) use category. On- and off-site activities associated with a use may cause that use to be included in more than one (1) group.

201.3 A principal use may have one (1) or more accessory uses.

201.4 The Zoning Administrator shall determine the category or categories for a use, based on consistency with Subtitle B, Chapter 2.

201.5 The following may be considered when determining the appropriate group or groups for a use:

The description of the activity or activities in relationship to the definition of each use category;

The relative amount of site or floor space and equipment devoted to each activity;

The relative amounts of sales from each activity;

The customer type for each activity;

The relative number of employees in each activity;

The typical hours of operation;

The building and site arrangement;

The number and type of vehicles used;

The relative number of vehicle trips generated by the activity;

How the use is advertised;

How the use is licensed; and

Similarities in function to the examples and exceptions listed for each use category.

201.6 The activities, functions, physical characteristics, and impacts of a use on a property may not change unless that change has been determined by the Zoning Administrator to be consistent with that use category or a different use category permitted within the applicable zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 201

11-B DCMR § 202 APPLICABILITY OF MULTIPLE USES

202.1 When a site contains more than one (1) use and these uses fall within different use categories, each use is subject only to the regulations of the applicable use category.

202.2 If a use is determined to fall into more than one (1) use category, the use is subject to the regulations for all applicable use categories. If this results in conflicting conditions or criteria, the most stringent conditions shall be met.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 202

11-B DCMR § 203 ACCESSORY USES

203.1 Any use allowed as a permitted use in a zone shall be allowed as an accessory use within that zone.

203.2 Any use allowed only with conditions in a zone shall be allowed as an accessory use within that zone, subject to all applicable conditions.

203.3 Accessory uses shall:

Be customarily incidental and subordinate to the principal use, and located on the same lot with the principal use; and

Meet all of the conditions of the appropriate use category.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 203

11-B DCMR § 204 TEMPORARY USES

204.1 Any use allowed as a permitted use in a zone shall be allowed as a temporary use within that zone.

204.2 Any use allowed only with conditions in a zone shall be allowed as a temporary use within that zone, subject to all applicable conditions.

204.3 Temporary uses shall:

Have the time period of the allowance established on the certificate of occupancy but shall not exceed one (1) year; and

Not result in the erection of any new permanent structures, although existing permanent structures may be used for a temporary use.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 204

11-B3 GENERAL RULES OF MEASUREMENT

11-B DCMR § 300 PURPOSE

PURPOSE

This chapter provides general rules for measurement and calculation applicable to all zones unless otherwise stated in this title.

The development and density standards shall be applied together to regulate bulk and build out of a lot.

The potential density of a lot does not create an entitlement that supersedes the physical development standards nor shall potential density be given greater status when considering a variance application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 300

11-B DCMR § 301 DENSITY

Residential density is calculated as either the maximum number of principal dwelling units per lot in the R and RF zones or by floor area ratio (FAR) in the other zones.

In other than residential zones, the density is calculated by FAR.

Specified uses may also be limited to a gross floor area (GFA) and are identified within applicable zones.

301.4 Each use within a zone may or may not have the same density entitlements within the same zone. In the MU, NMU, D, and Subtitle K zones, there may be a limit on non-residential density or a residential requirement.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 301

11-B DCMR § 302 RULES OF MEASUREMENT FOR DWELLING UNIT DENSITY

302.1 In the low-density R zones, density is established as a single principal dwelling unit per lot. In those low-density residential zones that are limited to a single principal dwelling per lot, a single accessory apartment may be permitted per principal dwelling subject to conditions.

302.2 In the moderate-density RF zones, density is established as a maximum number of principal dwelling units per building, and in certain cases, through the number of principal dwelling units per minimum land area.

302.3 Occupancy of a principal dwelling unit is based on a household, unless otherwise permitted within a zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 302

11-B DCMR § 303 RULES OF MEASUREMENT FOR FLOOR AREA RATIO

303.1 FAR shall be calculated by dividing the total GFA, as calculated under Subtitle B § 304, of all buildings on a lot by the area of that lot.

303.2 For the purpose of calculating FAR, lot area shall not include private rights-of-way that serve as the equivalent of a private street for the site, but shall include private rights-of-way that provide access to service, loading, or automobile parking areas.

303.3 FAR provided in the development standards shall be limited to two (2) decimal places.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 303

11-B DCMR § 304 RULES OF MEASUREMENT FOR GROSS FLOOR AREA (GFA)

304.1 GFA is measured from the exterior faces of exterior walls and from the center line of walls separating two (2) buildings.

304.2 Except as provided in Subtitle I § 200.1, non-residential floor area shall be the total GFA of a building not dedicated to one (1) of the following uses:

Residential;

(b) Community-based institutional facility;

(d) Lodging use with less than thirty (30) rooms;

(e) Guest rooms and service areas of a lodging use with thirty (30) or more rooms; or

(f) Education uses that are operated or chartered by the District government.

304.3 The GFA of a lodging use dedicated to function rooms, exhibit space, commercial adjuncts and any other use not considered guest room or service area shall be considered non-residential floor area.

304.4 For a building entirely detached from any other building, GFA for the portion of a story located below the finished floor of the ground floor and partly above adjacent natural or finished grade shall be calculated by the perimeter-wall method, which is as follows:

(a) Measure the portions of the perimeter of the story below the finished floor of the ground floor that are five feet (5 ft.) or more above the adjacent natural or finished grade, whichever is the lower elevation;

(b) Measure the total perimeter of the story located below the finished floor of the ground floor;

(d) Multiply result from paragraph (c) by the total floor area of the story located below the finished floor of the ground floor.

304.5 For a semi-detached or attached building, GFA for the portion of a story below the finished floor of the ground floor and partly above adjacent natural or finished grade shall be calculated by the grade-plane method, which is as follows:

For the purposes of this measurement, a building’s “front façade” is the façade facing the nearest street and a building’s “opposite face” is the portion of the building that faces the opposite direction of the front façade;

Establish a line between the midpoint of a building’s front façade at the adjacent natural or finished grade, whichever is the lower elevation, and the midpoint of the building’s opposite face at the adjacent natural or finished grade, whichever is the lower in elevation, subject to paragraph (c);

If excavations project from the building’s front façade or opposite face that are not an exception to grade, as defined at 11-B DCMR § 100.2, the elevation of the midpoint of the building front façade shall be the equivalent of the lowest such elevation; excluding existing driveways adjacent to the midpoint(s) directly connecting a garage and public right of way;

Determine the portion of this line that is five feet (5 ft.) or more below the finished floor of the ground;

Project a perpendicular line from the point along the line described in paragraph (d) to the exterior walls of the building; and

Measure the floor area that is between the projected perpendicular line and the portions of the story five feet (5 ft.) or more below the finished floor of the ground floor.

304.6 For a building where the finished floor of the ground floor is removed or altered in elevation in association with a renovation where a raze of the building has not occurred, the higher of previously existing or new finished floor of the ground floor shall be used for calculating the gross floor area pursuant to 11-B DCMR §§ 304.4 and 304.5.

304.7 GFA shall include basements, elevator shafts, and stairwells at each story; floor space used for mechanical equipment (with structural headroom of six feet, six inches (6 ft., 6 in.), or more); penthouses or rooftop structures (unless otherwise specified); attic space (whether or not a floor has actually been laid, provided structural headroom of six feet, six inches (6 ft., 6 in.), or more); interior balconies; and mezzanines.

304.8 GFA shall not include:

(a) Cellars,

(b) Exterior balconies that do not exceed a projection of eight feet (8 ft.) beyond the exterior walls of the building;

(c) Inset balconies open and unenclosed on at least one side, to a maximum depth of eight feet (8 ft.) in from the adjacent exterior façade of the building;

(d) All projections beyond the lot line that may be allowed by other Municipal codes;

(e) All projections beyond the lot line that may be allowed by other Municipal codes;

(f) Vent shafts, and pipe chase shafts above the ground floor;

(g) Atriums above the ground floor;

(h) Ramps on the ground floor leading down to areas of parking on a lower level; and

(i) In residential zones, the first floor or basement area designed and used for parking or recreation spaces provided that not more than fifty percent (50%) of the perimeter of that space may be comprised of columns, piers, walls, or windows, or similarly enclosed.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 8555 (August 17, 2018); as amended by Final Rulemaking published at 65 DCR 11934 (October 26, 2018); as amended by Final Rulemaking published at 66 DCR 71 (January 4, 2019); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 304

11-B DCMR § 305 EXCEPTIONS TO DENSITY REGULATIONS FOR ENCLOSING OPEN ARCADES

305.1 Notwithstanding applicable FAR limitations and subject to this section, an existing open arcade in a building in any MU or D zone may be enclosed.

305.2 An open arcade area enclosed pursuant to this section must be solely devoted to retail, arts, or service uses permitted as a matter of right within that zone.

305.3 An open arcade may not be enclosed if:

(a) It is in a building that is a historic landmark or has been designated as contributing to a historic district; and

(b) The Historic Preservation Review Board has determined that the arcade constitutes a feature contributing to the building’s historic or architectural significance; or

(c) The floor of the open arcade would not be at the same level and continuous with the adjacent sidewalk in public space, or would not connect to an existing, adjoining open arcade adjacent to sidewalk in public space.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 305

11-B DCMR § 306 HEIGHT

306.1 In addition to the height limitations of the Zoning Regulations, all buildings are also subject to and shall conform to the limitations of the Height Act.

306.2 Where the maximum height permitted within a zone differs from the maximum height permitted by the Height Act, the more restrictive maximum height shall apply.

306.3 Zone height limits shall be stated in terms of feet.

306.4 The height limits in each zone apply to structures located in the public space included within the zone’s boundary.

306.5 Architectural embellishments including, but not limited to, spires, towers, domes, minarets, and pinnacles may be erected to a greater height than any limit prescribed by these regulations or the Height Act, provided the architectural embellishment does not result in the appearance of a raised building height for more than thirty percent (30%) of each the wall on which the architectural embellishment is located.

306.6 A chimney, smokestack, or flagpole may be erected to a height in excess of that authorized in the district in which it is located when required by other municipal law or regulation.

306.7 Green roofs and their membranes shall not be included in the calculation of height.

306.8 The height of a penthouse or rooftop structure shall be as measured from the building roof upon which it sits to the top of the roof or parapet of the penthouse or rooftop structure, whichever is higher. Where the building roof is not a flat roof, the height of a penthouse or rooftop structure shall be measured from the midpoint of the base of the wall of the penthouse or rooftop structure at the lowest elevation to the highest point of the roof or parapet of the penthouse or rooftop structure.

306.9 Roof hatches and skylights shall be evaluated in a closed state for measuring height and setback requirements.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 306

11-B DCMR § 307 RULES OF MEASUREMENT FOR BUILDING HEIGHT: NON-RESIDENTIAL ZONES

307.1 In other than residential zones, as defined in Subtitle A § 101.9, and except as permitted elsewhere in this section and the regulations, the building height measuring point (BHMP) shall be established at the level of the curb, opposite the middle of the front of the building, and the building height shall be the vertical distance measured from the BHMP to the highest point of the roof or parapet or to a point designated by a specific zone district; except that Alley Lots shall be regulated by Subtitle B § 307.8.

307.2 Unless otherwise restricted or permitted in this title, in those zones in which the height of the building is limited to forty feet (40 ft.), the BHMP may be established at the adjacent natural or finished grade, whichever is the lower in elevation, at the middle of the front of the building and building height shall be measured from the BHMP to the ceiling of the top story.

307.3 In those zones in which the height of the building is limited to sixty feet (60 ft.), in the case of a building located upon a terrace, the height of the building may be measured from the top of the terrace to the highest point of the roof or parapet, but the allowance for terrace height shall not exceed five feet (5 ft.).

307.4 Except as provided in Subtitle B § 307.6, where a building is removed from all lot lines by a distance equal to its proposed height above grade, the BHMP shall be established at the adjacent natural or finished grade, whichever is the lower in elevation, at the middle of the front of the building to the highest point of the roof or parapet.

307.5 Except as provided in Subtitle B § 307.7, if a building fronts on more than one (1) street, any front may be used to determine the maximum height of the building; but the basis for the height of the building shall be determined by the width of the street selected as the front of the building.

307.6 In those zones in which the height of a building is permitted to be ninety feet (90 ft.) or greater, the BHMP shall be established at the level of the curb, opposite the middle of the front of the building and the building height shall be measured from the BHMP to the highest point of the roof excluding parapets not exceeding four feet (4 ft.) in height.

307.7 The term “curb” shall refer to a curb at grade. When the curb grade has been artificially changed by a bridge, viaduct, embankment, ramp, abutment, excavation, tunnel, or other type of artificial elevation or depression, the BHMP shall be established using the first of the following four (4) methods that is applicable to the site:

(a) An elevation or means of determination established for a specific zone elsewhere in this title;

(b) An elevation for the site that was determined prior to the effective date of this section by the Zoning Administrator, or the Redevelopment Land Agency, its predecessors or successors;

(d) A level determined by the Zoning Administrator to represent the logical continuation of the surrounding street grid where height is not affected by the discontinuation of the natural elevation.

307.8 For Alley Lots, the BHMP shall be established at grade at the mid-point of the Alley Lot Line or, where an Alley Lot abuts more than one alley, the mid-point of the Alley Lot Line that would result in the BHMP with the highest elevation. Building height for Alley Lots shall be the vertical distance measured from the BHMP to the highest point of the roof or parapet or to a point designated by the rules provided in the applicable zone district, with any conflict resolved in favor of the lowest maximum height.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 8555 (August 17, 2018); as amended by Final Rulemaking published at 66 DCR 74 (January 4, 2019); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 307

11-B DCMR § 308 RULES OF MEASUREMENT FOR BUILDING HEIGHT: RESIDENTIAL ZONES AS DEFINED IN SUBTITLE A § 101.9

308.1 The height of buildings, not including a penthouse or rooftop structure, in residential zones, as defined in Subtitle A § 101.9, shall be measured in accordance with the rules provided in this section. If more than one (1) of these subsections applies to a building, the rule permitting the greater height shall apply.

308.2 The building height measuring point (BHMP) shall be established at the adjacent natural or finished grade, whichever is the lower in elevation, at the mid-point of the building façade of the principal building that is closest to a street lot line, or in the case of an alley lot, that is closest to an alley lot line. For any excavations projecting from the building’s façade other than an exception to grade as defined at Subtitle B § 100.2 the elevation of the midpoint of a building façade shall be the equivalent of the lowest such elevation; excluding existing driveways adjacent to the midpoint(s) directly connecting a garage and public right of way.

308.3 The height of a building with a flat roof shall be measured from the BHMP to the highest point of the roof excluding parapets and balustrades not exceeding four feet (4 ft.) in height.

308.4 The height of a building with a roof that is not a flat roof shall be measured as follows:

(a) From the BHMP to the average level between the highest eave, not including the eave of a dormer and the highest point of the roof; and

(b) Where there are no eaves, the average level shall be measured between the top of the highest wall plate and the highest point of the roof.

308.5 The height of a building permitted to be ninety feet (90 ft.) shall be measured from the BHMP to the highest point of the roof excluding parapets and balustrades not exceeding four feet (4 ft.) in height.

308.6 Where a building is removed from all lot lines by a distance equal to its proposed height above grade, the height of building shall be measured from the BHMP to the highest point of the roof or parapet.

308.7 If a building fronts on more than one (1) street, any front may be used to determine street frontage; but the basis for measuring the height of the building shall be established by the street selected as the front of the building.

308.8 A conforming structure in existence on June 14, 2013, that would have been rendered nonconforming as a result of the adoption of amendments to this section made in Z.C. Order No. 12-11, shall be deemed conforming; provided that the height of the structure may neither be increased or extended.

308.9 The building height of accessory buildings shall be measured from (i) the lower of the finished or natural grade at the middle of the side of the accessory building that faces the principal building, or (ii) the midpoint of the alley lot line if required for vehicular access to the alley, to the highest point of the roof of the building including parapets, penthouses, and rooftop structures.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 65 DCR 8555 (August 17, 2018); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 308

11-B DCMR § 309 SINGLE OR SEPARATE BUILDINGS

309.1 For purposes of this chapter, structures that are separated from the ground up by common division walls or contain multiple sections separated horizontally, such as wings or additions, are separate buildings. Structures or sections shall be considered parts of a single building if they are joined by a connection that is:

(a) Fully above grade;

(b) Enclosed;

(d) Either:

(1) Common space shared by users of all portions of the building, such as a lobby or recreation room, loading dock or service bay; or

(2) Space that is designed and used to provide free and unrestricted passage between separate portions of the building, such as an unrestricted doorway or walkway.

309.2 Notwithstanding Subtitle B, § 309.1, a single building shell may contain multiple uses or dwelling units that do not share access.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 309

11-B DCMR § 310 RULES OF MEASUREMENT FOR NUMBER OF STORIES

310.1 The number of stories shall be counted at the point from which the height of the building is measured.

310.2 For the purposes of determining the maximum number of permitted stories, the term “story” shall not include cellars or penthouses or rooftop structures.

310.3 Except in the RF zones, a mezzanine shall not be considered a story in determining the maximum number of permitted stories.

310.4 In an RF zone, a mezzanine shall be considered a story in determining the maximum number of permitted stories within a principal structure, but shall not be considered a story in determining the maximum number of permitted stories within an accessory building.

310.5 Where there are multiple elevations for the finished floor of the ground floor, the height used for counting the number of stories shall be determined by the highest elevation of the finished floor.

310.6 For a building where the finished floor of the ground floor is removed or altered in height in association with a renovation where a raze of the building has not occurred, the higher of the previously existing or new finished floor of the ground floor shall be used for counting the number of stories.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 8555 (August 17, 2018); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 310

11-B DCMR § 311 LOT OCCUPANCY

311.1 Lot occupancy regulations are intended to provide a primary control of the total volume of buildings on a lot through the restriction of a building’s horizontal area above a designated horizontal plane. The lot occupancy standards applied through land use subtitles are intended to contribute, along with height regulations, to ensuring that buildings within a zone are generally consistent in their volume.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 311

11-B DCMR § 312 RULES OF MEASUREMENT FOR LOT OCCUPANCY

312.1 The building area, as defined by Subtitle B § 312.3, shall be subject to the lot occupancy standard prescribed in the development standards table for the zone in which the building is located.

312.2 Lot occupancy shall be calculated by dividing the total building area, as defined by Subtitle B § 312.3, of all buildings on a lot by the total area of the lot.

312.3 For the purposes of lot occupancy calculation, building area shall be the maximum horizontal projected area of a principal building and its accessory buildings, measured at the ground level of the buildings and measured from the exterior faces of exterior walls and from the center line of walls separating two (2) buildings.

312.4 For the purposes of calculating Lot Occupancy, building area shall not include:

(a) Building components or appurtenances dedicated to the environmental sustainability of the building;

(b) Cornices and eaves;

(d) Awnings, serving a window, porch, deck, or door;

(e) Uncovered stairs, landings no larger in size than that required by the building code, and wheelchair ramps or accessibility lifts that serve the main floor;

(f) Chimneys, smokestacks, or flues;

(g) Uncovered porches and decks that are no more than four feet (4 ft) in height above the ground level at any point;

(h) Uncovered porches and decks that are more than four feet (4 ft) in height above the ground level at any point but level with or below the main floor of the building, to a maximum cumulative area of 200 sq. ft.; provided that this section shall not be used to exclude any portion of uncovered porches or decks from yard requirements; and

Except for the RF zones, exterior balconies that do not exceed a projection of eight feet (8 ft.) beyond the exterior walls of the building.

312.5 Any railing required by the D.C. Construction Codes Supplement, Title 12 DCMR, that is required to project into the horizontal plane shall be permitted and shall not be included in the measurement of building area.

312.6 When adding a vertical addition to an existing building, each added story must comply with the required lot occupancy limitation.

312.7 In the case of a building devoted to both residential and nonresidential uses, the percentage of lot occupancy for residential uses may be calculated on a horizontal plane located at the lowest level where residential uses begin.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 71 DCR 001527 (February 9, 2024); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 312

11-B DCMR § 313 FRONT SETBACKS AND BUILD-TO LINES

313.1 Front setback and build-to regulations are intended to control the relationship of buildings to street lot lines.

313.2 Front setbacks and build-to lines regulate the distance between a building and a front lot line.

313.3 A lot may have more than one (1) street lot line, and therefore more than one (1) front setback.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 313

11-B DCMR § 314 FRONT SETBACKS

314.1 When a zone has a front setback requirement, all buildings and structures must be set back from the entire length of all street lot lines, except as provided in Subtitle B § 317.

314.2 Front setbacks shall be regulated in one (1) of three (3) ways:

(a) By a single setback distance measurement cited for a zone which shall be applicable to all buildings and structures in the zone;

(b) By a setback range cited for a zone, within which all buildings and structures in the zone must be set back from a street lot line; or

(c) By an “existing range of blockface” cited for a zone; buildings and structures in the zone must be set back between from the street lot line by at least as much as the existing building on the blockface closest to the street, and no more than the existing building on the blockface furthest from the street.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 314

11-B DCMR § 315 RULES OF MEASUREMENT FOR FRONT SETBACKS FOR RESIDENTIAL HOUSE(R) AND RESIDENTIAL FLAT (RF) ZONES

315.1 A proposed building façade or structure facing a street lot line shall:

(a) Be located not closer to the street than the point of the building façade closest to the street, based on all the buildings located along the blockface; and

(b) Be located not further back from the same street than the building façade furthest from the street, based on all the buildings located along the blockface; and

(c) In the case of an interior-lot row or semi-detached building, not be further forward or further back than the building façade of one (1) of the immediately adjoining buildings.

315.2 A building façade shall be the façade of a building exclusive of the projections permitted through Subtitle B § 323.

315.3 If a lot has more than one (1) street lot line, the owner of the lot may choose the street lot line that shall determine the application of any front setback requirement.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 64 DCR 8596 (September 1, 2017); as amended by Final Rulemaking published at 65 DCR 2278 (March 2, 2018); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 315

11-B DCMR § 316 FRONT BUILD-TO LINES

316.1 When a zone has a front build-to requirement, the front façade of all buildings and structures must directly abut the build-to line.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 316

11-B DCMR § 317 REAR YARDS

317.1 Rear yards regulate the distance between a building and a rear lot line.

317.2 Required rear yards regulate a minimum distance within the rear yard.

317.3 A lot may have more than one (1) rear lot line.

317.4 No rear yard is required for through lots.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 72 DCR 009494 (September 5, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 317

11-B DCMR § 318 RULES OF MEASUREMENT FOR REAR YARDS

318.1 The depth of a rear yard shall be measured as the mean horizontal distance between the rear line of a building and the rear lot line, except as provided elsewhere in this title. For purposes of measuring the rear yard, the rear line of a building shall be a mean horizontal distance starting at the point where the principal building area, as defined in Subtitle B § 312, extends furthest from the front lot line.

318.2 Within a rear yard, the minimum required rear yard depth shall be measured as the mean horizontal distance between the rear line of a building and the rear lot line, except as provided in Subtitle B §§ 318.4 through 318.8 and elsewhere in this title.

318.3 The required rear yard shall be unoccupied for the full width of the lot, except as specifically authorized in this title.

318.4 In the R, RF, and RA zones, the depth of a required rear yard shall be measured as the mean horizontal distance from the rear line of a building toward the rear lot line for the full width of the lot, except as provided in Subtitle B §§ 318.5 through 318.8.

318.5 In the case of a lot that is triangular or irregularly shaped, the furthermost point or line from the street lot line shall be deemed the point or line from which the required rear yard shall be measured.

318.6 Where the rear lot line is not parallel to the street lot line, or where there are more than one (1) rear lot lines that intersect at a point at an angle greater than ninety degrees (90º), the required rear yard shall be measured as a vertical plane along a line measured in from the rear lot line at a point equidistant from the side lot lines.

318.7 Where a lot does not have a rear lot line, such as when the side yards converge at a point, or where the rear lot lines intersect at an angle less than ninety degrees (90º), a required rear yard shall be measured as an arc from the point opposite the front lot line(s).

318.8 Where there is more than one (1) rear lot line generally parallel to the front lot line but separated by a lot line generally perpendicular to the rear lot lines, then the required rear yard shall be measured from the rear lot line more distant from the front lot line, and measured across the full width of the property to where it intersects both side lot lines.

318.9 In the case of a corner lot in any D zone other than the D-1-R zone, a court complying with the width requirements for a closed court as specified in Subtitle I § 207.1 and Subtitle B § 324 may be provided in lieu of a rear yard. For the purposes of this section, the required court shall be provided above a horizontal plane twenty-five (25) feet above the mean elevation of the rear lot line.

318.10 In the case of a corner lot in the MU-1, MU-2, MU-8, MU-9, MU-15, NMU-8B/H-H, and CG-3 zones, a court complying with the width requirements for a closed court as applicable for each zone may be provided in lieu of a rear yard. For the purposes of this section, the required court shall be provided above a horizontal plan beginning not more than twenty feet (20 ft.) above the curb grade opposite the center of the front of the building and the width of the court shall be computed for the entire height of court.

318.11 In the case of a through or corner lot abutting three (3) or more streets, the depth of rear yard may be measured from the center line of the street abutting the lot at the rear of the structure.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 7264 (July 28, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 72 DCR 006195 (May 23, 2025); as amended by Final Rulemaking published at 72 DCR 009494 (September 5, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 318

11-B DCMR § 319 SIDE YARDS

319.1 Side yards regulate the distance between a building and a side lot line.

319.2 A lot may have more than one (1) side yard.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 319

11-B DCMR § 320 RULES OF MEASUREMENT FOR SIDE YARDS

320.1 A required side yard shall be parallel to a side lot line and apply to the entirety of principal buildings and structures. If a required side yard intersects with a required rear yard, the larger yard shall apply for the required distance of the larger yard.

320.2 [DELETED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 320

11-B DCMR § 321 COURTS

321.1 Court regulations control:

(a) The minimum distance between two (2) building walls on the same lot that face one another, when the space between the two (2) walls is uncovered; and

(b) The minimum area of closed courts.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 321

11-B DCMR § 322 RULES OF MEASUREMENT FOR GENERAL COURT

322.1 The provisions of this chapter do not require a court, but regulate its minimum required dimensions where they exist.

322.2 Where a court is open to a yard or any lot line, the court width requirements apply only to the dimension that is parallel or nearly parallel to the opening.

322.3 Court width requirements are expressed as a ratio of required width to height of a court. The height of a court is measured from the base of the court, even where the base may be on an upper story of a building.

322.4 If the court is not rectangular, the width shall be the diameter of the largest circle that may be inscribed in a horizontal plane within the court.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 322

11-B DCMR § 323 PROJECTIONS INTO REQUIRED OPEN SPACES

323.1 Except for the projections and encroachments specified in this section and the exceptions in Subtitle B § 324, every part of a required yard or court or other required open space shall be open and unobstructed to the sky.

323.2 Cornices and eaves may project over any required yard or court for a distance not to exceed two feet (2 ft.).

323.3 Sills, leaders, belt courses, and similar ornamental or structural features may project over any required yard or court a distance not to exceed six inches (6 in.).

323.4 The ordinary projection of skylights above the bottom of a yard or court shall be permitted if placed so as not to obstruct light and ventilation.

323.5 Awnings serving a window, porch, or door may project into a required yard or open court for a distance not to exceed forty inches (40 in.).

323.6 A chimney, smokestack, or flue may project into any required rear yard, provided the horizontal section of the projection does not exceed five square feet (5 sq. ft.).

323.7 A chimney, smokestack, or flue may project into any required side yard for a distance not to exceed two feet (2 ft.).

323.8 A self-contained air conditioner may project into any required yard or court a distance not to exceed two feet (2 ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 323

11-B DCMR § 324 STRUCTURES IN REQUIRED OPEN SPACES

324.1 Every part of a yard required under this title shall be open and unobstructed to the sky from the ground up except as follows:

A structure that is no more than four feet (4 ft.) in height above the grade at any point, may occupy any yard required under the provisions of this title. Any railing required by the D.C. Construction Codes Supplement, Title 12 DCMR, shall not be calculated in the measurement of this height. This section shall not be used to exclude any portion of a building from lot occupancy calculations pursuant to Subtitle B § 312;

A fence or retaining wall constructed in accordance with the D.C. Construction Codes Supplement Title 12 DCMR may occupy any yard required under the provisions of this title; and

Uncovered stairs, landings, and wheelchair ramps that serve the main floor may occupy any yard required under provisions of this title. Any railing required by the provisions of the D.C. Construction Codes Supplement Title 12 DCMR shall be permitted.

324.2 Projecting elements or structures shall not interfere with any driveway leading to a required parking space.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 71 DCR 001527 (February 9, 2024). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 324

11-B DCMR § 325 TRANSITIONS

325.1 Transition regulations control the physical relationship of buildings and lot improvements, in designated zones, to reduce potential impacts on existing neighbors in adjacent zones.

325.2 Potential impacts intended to be avoided by transition regulations include, but are not limited to:

(a) Dramatic contrasts in height between new buildings, within subject zones;

(b) Existing buildings within the surrounding zones; and

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 325

11-B DCMR § 326 GENERAL REGULATIONS FOR ZONE TO ZONE TRANSITIONS

326.1 Transition regulations shall be required as height transitions or as buffer transitions when specifically required by a zone district.

326.2 Height transitions limit the height of buildings based on an angled plane drawn from a point above an adjacent property’s property line.

326.3 Buffer transitions provide a setback from an adjacent lot line. Buffer transitions generally include screening requirements for the setback.

326.4 Transition regulations apply in addition to, and not instead of, side setbacks, rear yards, and front setbacks.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 326

11-B DCMR § 327 GENERAL CONDITIONS FOR TRANSITION REGULATIONS

327.1 The projections identified in the following table are permitted to encroach into any required height transition plane subject to the following limits:

TABLE B § 329.1: LIMITATIONS ON ENCROACHMENT INTO ANY REQUIRED HEIGHT TRANSITION PLANE

PROJECTING ELEMENT

LIMITATIONS

Cornices and eaves

Not to exceed 2 ft.

Sills, leaders, belt courses, and similar ornamental or structural features

Not to exceed 6 in.

A balcony railing

Not to exceed 4 ft.

Skylights

Not to exceed 4 ft.

A chimney, smokestack, or flue

No limit

Spires

No limit

Towers, including towers erected from the ground

No limit

Domes, minarets, pinnacles, pergolas and similar architectural embellishments

No limit

327.2 The projections and structures identified in the following table may encroach into any required buffer transition setback, up to the limits specified:

TABLE B § 329.2: LIMITATIONS ON ENCROACHMENT INTO ANY REQUIRED BUFFER TRANSITION SETBACK

PROJECTING ELEMENT

LIMITATIONS

Cornices and eaves

Not to exceed 2 ft.

Sills, leaders, belt courses, and similar ornamental or structural features

Not to exceed 6 in.

The ordinary projection of skylights, above the bottom of the minimum side setback

Shall be placed so as not to obstruct light and ventilation

Awnings serving a window, porch, or door

Not to exceed 40 in.

A chimney, smokestack, or flue

Not to exceed 2 ft.

A self-contained air conditioner

Not to exceed 2 ft.

Building components or appurtenances dedicated to the environmental sustainability of the building

Not to exceed 4 ft.

A structure, including a building

Must be less than 4 ft. in height above the grade at any point.

Any railing required by the D.C. Construction Codes Supplement, 12 DCMR, shall not be included in the measurement of the structure’s height.

A fence or retaining wall

Must be constructed in accordance with the D.C. Construction Codes Supplement, 12 DCMR

Stairs and associated D.C. Construction Code Supplement required guard rails

Must lead to the first story of the building located entirely above grade, or to a story below grade

An antenna

Must comply with all other requirements of this title

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 327

11-B DCMR § 328 RULES OF MEASUREMENT FOR FLOOR TO CEILING CLEAR HEIGHT

328.1 The upper point of the measurement is the finished ceiling that is unobstructed by any of the following:

(a) Elements of the building structure, other than columns and walls;

(b) Components of mechanical, plumbing, or fire suppression systems; or

328.2 If the ceiling is not finished, the distance shall be measured to the lowest point of any of the structural elements of systems referenced in Subtitle B §§ 328.1(a), (b), or (c).

328.2 For all stories above the ground level and for a ground story for which there is no clear height requirement, the bottom point of the measurement shall be the level of the finished floor. For a ground story subject to minimum clear height requirements, the bottom measuring point for clear height shall be the level of the curb opposite the middle of the building’s frontage on the street from which the building draws its clear height requirement.

History

SOURCE: Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Definitions, Rules of Measurement, and Use Categories 11-B DCMR § 328

11-C GENERAL RULES

11-C1 INTRODUCTION TO GENERAL RULES

11-C DCMR § 100 PURPOSE AND APPLICABILITY

PURPOSE AND APPLICABILITY

Subtitle C provides general regulations applicable to all zones unless otherwise stated in this title.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 100

11-C2 NONCONFORMITIES

11-C DCMR § 200 INTRODUCTION TO NONCONFORMITIES

INTRODUCTION TO NONCONFORMITIES

This chapter addresses structures, uses of land, and uses of structures that were lawful before this title was adopted, but that would be prohibited, regulated, or restricted under the terms of this title as it may be amended, and provides:

Guidance regarding continuance, expansion, or replacement of nonconforming uses;

Guidance on additions or expansions to nonconforming structures; and

Regulations for rebuilding nonconforming structures or reestablishing nonconforming uses.

Nonconformities shall be regulated in the following categories:

Nonconforming use of land or structures; and

Nonconforming structures.

A particular property could be regulated as either or both category.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 200

11-C DCMR § 201 GENERAL PROVISIONS

GENERAL PROVISIONS

Except as otherwise permitted in this chapter, nonconforming structures or uses may not be enlarged upon, expanded, or extended, nor may they be used as a basis for adding other structures or uses prohibited elsewhere in the same zone district.

Any nonconforming use of a structure or of land, or any nonconforming structure lawfully existing on the effective date of this title that remains nonconforming, and any use or structure lawfully existing that became nonconforming on the effective date of this title, may be continued, operated, occupied, or maintained, subject to the provisions of this chapter.

It is necessary and consistent with the establishment of the separate zone districts under this title that all uses and structures incompatible with permitted uses or structures shall be regulated strictly and permitted only under rigid controls, to the extent permitted by the Zoning Act of 1938.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 201

11-C DCMR § 202 NONCONFORMING STRUCTURES

NONCONFORMING STRUCTURES

Except as provided in Subtitle C § 203.8, ordinary repairs, alterations, and modernizations to the structure, including structural alterations, shall be permitted.

202.2 Enlargements or additions may be made to the structure; provided that the addition or enlargement itself shall:

Conform to the use and development standards;

Neither increase nor extend any existing, nonconforming aspect of the structure; nor create any new nonconformity of structure and addition combined; and

(c) Any enlargement or addition not meeting paragraphs (a) and (b) must obtain relief from the applicable development standards.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Final Rulemaking published at 69 DCR 000896 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 202

11-C DCMR § 203 DESTRUCTION OF A NONCONFORMING STRUCTURE

DESTRUCTION OF A NONCONFORMING STRUCTURE

If a nonconforming structure is destroyed by fire, collapse, explosion, or act of God to an extent of more than seventy-five percent (75%) of the cost of reconstructing the entire structure, the nonconforming structure shall not be restored or reconstructed except in conformity with all provisions of this title, except as provided otherwise in Subtitle C §§ 203.2 through 203.7.

If a casualty or act of God results in damage to an extent of more than seventy-five percent (75%), and if the structure is nonconforming only with respect to percentage of lot occupancy the structure may be reconstructed or restored to its previous condition or to a more conforming condition, even if that condition does not comply with the applicable percentage of lot occupancy.

If a casualty or act of God results in damage to an extent of seventy-five percent (75%) or less of the cost of reconstructing the entire structure, the structure may be restored or reconstructed to its previous condition or to a more conforming condition; provided, that the reconstruction or restoration shall be started within twenty-four (24) months of the date of the destruction and continued diligently to completion.

If there is a dispute between the property owner and the Zoning Administrator as to whether the structure has been destroyed to the extent of seventy-five percent (75%) of reconstruction cost, the costs of restoration and of reconstruction shall be determined by the average of the estimates furnished by three (3) independent qualified contractors. One (1) contractor shall be selected by the owner, one (1) by the Zoning Administrator, and one (1) by the first two (2) mentioned contractors.

The estimates required by Subtitle C § 203.4 shall be prepared and submitted according to a standard procedure and format established by the Zoning Administrator, and the cost of estimates shall be at the expense of the property owner.

Notwithstanding the restrictions of Subtitle C § 203.1, a nonconforming structure that is a historic landmark or certified by the Historic Preservation Office to be a structure that contributes to the character of the historic district within which it is located, may be restored or reconstructed regardless of the extent of destruction of the structure, subject to the provisions of the Historic Landmark and Historic District Protection Act of 1978.

The twenty-four (24) month period provided in Subtitle C § 203.3 may be extended for as long as it takes to apply for and receive any governmental approvals necessary to accomplish the reconstruction or restoration, including but not limited to approvals from the Board of Zoning Adjustment, the Historic Preservation Review Board, and the Mayor's Agent for the Historic Landmark and Historic District Protection Act.

If a nonconforming antenna stops functioning, a temporary replacement antenna may be installed, subject to the following conditions:

A permanent replacement antenna cannot be installed as a matter of right;

The temporary installation shall be removed no later than one (1) year after the nonconforming antenna stops functioning;

Within three (3) months after the nonconforming antenna stops functioning, the owner or occupant of the land or structure on which the antenna is installed shall apply to the Board of Zoning Adjustment for a special exception under Subtitle X, Chapter 9, to install a longer term replacement; and

If the owner or occupant elects to install an immediate replacement antenna, the cost of the temporary replacement shall not be considered by the Board of Zoning Adjustment as a basis for approval of a special exception to install a longer term replacement.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 203

11-C DCMR § 204 NONCONFORMING USE

NONCONFORMING USE

A nonconforming use of land or structure shall not be extended in land area, gross floor area, or use intensity; and shall not be extended to portions of a structure not devoted to that nonconforming use at the time of enactment of this title.

Where the nonconforming use occupies only a portion of the structure, the restrictions in this section shall apply only to that part of the structure devoted to the nonconforming use.

A new structure shall not be constructed to contain a nonconforming use, and any addition to an existing structure containing a nonconforming use shall be devoted to a conforming use.

Discontinuance for any reason of a nonconforming use of a structure or of land, except where governmental action impedes access to the premises, for any period of more than three (3) years, shall be construed as prima facie evidence of no intention to resume active operation as a nonconforming use. Any subsequent use shall conform to the regulations of the zone in which the use is located.

This presumption may only be rebutted by objective proof of a continuing use or of affirmative steps taken to resume the use during the period of time identified by the Zoning Administrator when revoking an existing certificate of occupancy or denying an application for a replacement certificate of occupancy.

A nonconforming use that is discontinued for any reason for a period of three (3) years or less shall be allowed to resume operation provided there was no intervening conforming use, there are no changes to the nonconforming use, and it conforms with Subtitle C § 204.1.

Ordinary repairs, alterations, or modernizations may be made to a structure or portion of a structure devoted to a nonconforming use. Structural alterations shall not be allowed, except those required by other municipal law or regulation; provided that structural alterations shall be permitted to a lawfully existing, nonconforming flat or apartment house located in a Residential House (R) zone.

A non-conforming use may be changed to a use permitted as a matter of right in the zone in which the property is located.

A nonconforming use may be changed to another nonconforming use if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following conditions:

The proposed non-conforming use would be permitted as a matter-of-right in the most restrictive subtitle in which the existing non-conforming use is permitted as a matter of right, in accordance with following order, from most restrictive to least restrictive subtitle:

Subtitle D – Residential House (R) zones;

Subtitle E – Residential Flat (RF) zones;

Subtitle F – Residential Apartment (RA) zones;

Subtitle H – Neighborhood Mixed-Use (NMU) zones;

Subtitle G – Mixed-Use (MU) zones;

Subtitle I – Downtown zones (D);

Subtitle J – Production, Distribution, and Repair (PDR) Zones; and

Subtitle K – Special Purpose Zones.

In the R, RF, or RA zones, the proposed use shall be either a single dwelling unit, flat, or a multiple dwelling unit development; except on an alley lot, the proposed use may only be a single dwelling unit;

In the R and RF zones, the corner store provisions of the relevant subtitle shall apply;

The external impacts of the proposed use will be deemed to be no greater than the existing use;

The proposed use shall not adversely affect the present character or future development of the surrounding area within at least three hundred feet (300 ft.) of the site;

The proposed use shall not create any deleterious external effects, including, but not limited to, noise, traffic, parking and loading considerations, illumination, vibration, odor, and design and siting effects;

When an existing nonconforming use has been changed to a conforming or more restrictive use, it shall not be changed back to a nonconforming use or less restrictive use; and

The Board of Zoning Adjustment may require the provision of changes, modifications, or amendments to any design, plan, screening, landscaping, type of lighting, nature of any sign, pedestrian or vehicular access, parking and loading, hours of operation, or any other restriction or safeguard it deems necessary to protect the value, utilization, or enjoyment of property in the neighborhood.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 8596 (September 1, 2017); as amended by Final Rulemaking published at 68 DCR 3551 (April 2, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 204

11-C DCMR § 205 DESTRUCTION OF A STRUCTURE DEVOTED TO A NONCONFORMING USE

DESTRUCTION OF A STRUCTURE DEVOTED TO A NONCONFORMING USE

If a structure devoted to a nonconforming use is destroyed by fire, collapse, explosion, or act of God to an extent of more than fifty percent (50%) of the cost of reconstructing the entire structure, it shall not be restored or reconstructed except in conformity with all provisions of this title, except as provided otherwise in this section.

If the casualty or act of God results in damage to an extent of fifty percent (50%) or less of the cost of reconstructing the entire structure, the structure may be restored or reconstructed to its previous condition or to a more conforming condition; provided, that the reconstruction or restoration shall be started within twenty-four (24) months of the date of the destruction and diligently continued to completion.

If there is a dispute between the property owner and the Zoning Administrator as to whether the structure has been destroyed to the extent of fifty percent (50%) of reconstruction cost, the costs of restoration and of reconstruction shall be determined by the average of the estimates furnished by three (3) independent qualified contractors, with one (1) of the contractors shall be selected by the owner, one (1) by the Zoning Administrator, and one (1) by the first two (2) mentioned contractors.

The estimates required by Subtitle C § 205.3 shall be prepared and submitted according to a procedure and format established by the Zoning Administrator, and the cost of preparing the estimates shall be at the expense of the property owner.

Notwithstanding the restrictions of Subtitle C § 205.1, a structure devoted in whole or in part to a nonconforming use that is an historic landmark or certified by the Historic Preservation Office to be a structure that contributes to the character of the historic district within which it is located, may be restored or reconstructed and the non-conforming use shall be allowed to be continued, regardless of the extent of destruction of the structure, subject to the provisions of the Historic Landmark and Historic District Protection Act of 1978.

The twenty-four (24) month period provided in Subtitle C § 205.2 may be extended for as long as it takes to apply for and receive any governmental approvals necessary to accomplish the reconstruction or restoration, including but not limited to approvals from the Board of Zoning Adjustment, the Historic Preservation Review Board, and the Mayor's Agent for the Historic Landmark and Historic District Protection Act.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 205

11-C3 SUBDIVISION

11-C DCMR § 300 INTRODUCTION

INTRODUCTION

This chapter provides:

General rules for the creation of new record lots;

Guidance regarding how to determine the applicability of lot dimension and shape regulations to a zone;

General rules for measurement and standards that relate to the dimension and shape of lots; and

Controls on the number of buildings on a record lot.

Lot dimension and size regulations are intended to ensure the dimensions and shapes of lots created are consistent with the purposes of a zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 300

11-C DCMR § 301 SUBSTANDARD LOTS

SUBSTANDARD LOTS

A record lot existing prior to the effective date of this title that does not conform with the lot dimension and lot area requirements of the zone in which it is located may be considered a conforming lot for the purposes of building permits and uses provided any building or structure thereon shall meet the development standards of the relevant zone and provided the non-conformity shall not be increased.

The minimum lot area and lot width requirements for the creation of new residential subdivisions are located in Subtitle D, Chapter 2 and Subtitle E, Chapter 2.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 301

11-C DCMR § 302 SUBDIVISION REGULATIONS

SUBDIVISION REGULATIONS

Where a lot is divided, the division shall be effected in a manner that will not violate the provision of this title for yards, courts, other open space, minimum lot width, minimum lot area, floor area ratio, percentage of lot occupancy, parking spaces, or loading berths applicable to that lot or any lot created; except that:

(a) A non-Alley Lot recorded as a tax lot with the Office of Tax and Revenue prior to May 12, 1958, which shared an underlying record lot with an Alley Tax Lot that has been converted to an Alley Record Lot under Subtitle C § 306.3, may be converted to a record lot without complying with these development standards; and

(b) A non-Alley Lot recorded as a tax lot with the Office of Tax and Revenue prior to September 6, 2016, which shared an underlying record lot with an Alley Tax Lot that has been converted to an Alley Record Lot under Subtitle C § 306.4, may be converted to a record lot if granted by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9.

Each new primary building and structure shall be erected on a separate lot of record in all R, RF, and RA zones, except as follows:

As provided for in the theoretical lot subdivision regulations of Subtitle C § 305.1;

Buildings and structures erected in conformance with an approved campus plan, medical campus plan, or private school plan; and

Buildings and structures erected in conformance with an approved planned unit development.

No building or structure in any zone may be erected to cover more than one (1) record lot.

In all other zones, multiple primary buildings may be erected on a single record lot provided that each building, and the buildings as a group, shall meet all of the development standards for the zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 302

11-C DCMR § 303 LOT FRONTAGE

LOT FRONTAGE

All new record lots shall have at least one (1) street lot line on a public street or a public access easement approved by the District Department of Transportation, except that new Alley Record Lots shall instead comply with the rules of Subtitle C § 306.

Where a minimum lot width is required, the length of at least one (1) street lot line shall be at least seventy-five percent (75%) of the required lot width.

303.3 Each new lot being created to be used and occupied by a single dwelling unit or flat building, shall have a street frontage measured along the street lot line a distance equal to at least forty percent (40%) of the required minimum width of lot and in no case less than fourteen feet (14 ft.).

303.4 Each new lot being created to be used and occupied by an apartment house shall have a street frontage measured along the street line a distance of not less than thirty feet (30 ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 6110 (June 30, 2017); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 303

11-C DCMR § 304 RULES OF MEASUREMENT FOR LOT WIDTH

RULES OF MEASUREMENT FOR LOT WIDTH

Where the lot is an interior lot, lot width shall be determined as follows:

Establish two points by measuring along each side lot line a distance of thirty feet (30 ft.) from the intersection point of each side lot line and the street lot line;

Measure the distance of a straight line connecting the two points described in paragraph (a) of this subsection; and

The distance of the straight line connecting the two points described in paragraph (b) of this subsection shall be the “lot width” of the lot.

Where the lot is a through lot, lot width shall be determined as follows:

Identify the longest street lot line;

Establish two points by measuring a distance of thirty feet (30 ft.) from the intersection of each side lot line and the street lot line identified in paragraph (a) of this subsection, along each side lot line;

Measure the distance of a straight line connecting the two points described in paragraph (b) of this subsection; and

The distance of the straight line connecting the two points described in paragraph (c) of this subsection shall be the “lot width” of the through lot.

Where the lot is a corner lot, the lot width shall be determined by measuring the width of the longest street lot line.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 6110 (June 30, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 304

11-C DCMR § 305 THEORETICAL SUBDIVISIONS

THEORETICAL SUBDIVISIONS

In the R, RF, and RA zones, the Board of Zoning Adjustment may grant, through special exception, a waiver of Subtitle C § 302.1 to allow multiple primary buildings on a single record lot provided that, in addition to the general special exception criteria of Subtitle X, Chapter 9, the requirements of this section are met.

The number of buildings permitted by this section shall not be limited; provided, satisfactory evidence is submitted that all the requirements of this section are met based on a plan of theoretical subdivision where individual theoretical lots serve as boundaries for assessment of compliance with the Zoning Regulations.

The following development standards shall apply to theoretical lots:

Side and rear yards of a theoretical lot shall be consistent with the requirements of the zone;

Each means of vehicular ingress and egress to any principal building shall be at least twenty-four feet (24 ft.) in width, exclusive of driveways;

The height of a building governed by the provisions of this section shall be measured from the finished grade at the middle of the building façade facing the nearest street lot line; and

The rule of height measurement in Subtitle C § 305.3(c) shall supersede any other rules of height measurement that apply to a zone, but shall not be followed if it conflicts with the Height Act.

For a theoretical subdivision application, the following information is required to be submitted to the Board of Zoning Adjustment, in addition to other filing requirements pursuant to Subtitle Y § 300:

Site plans including the following information:

A plat of the record lots proposed for subdivision;

The location of proposed streets and designated fire apparatus roads;

Location of proposed easements;

Lot lines of proposed theoretical lots, and the delineation of the lot lines shared by theoretical lots that will serve as private drives or easements;

Existing grading and proposed grading plans;

Existing landscaping and proposed landscaping plans, including the sizes and locations of all trees on or adjacent to the property on public or private lands;

Plans for the location of building footprints on theoretical lots; and

Required yards (rear, side and front) based on the regulations applicable to a zone or any modifications to regulations provided through this section;

Typical or individual floor plans and elevations for the proposed buildings and structures; and

A table of zoning information including required and proposed development standards.

Before taking final action on an application under this section, the Board of Zoning Adjustment shall refer the application to the Office of Planning for coordination, review, and report, including:

The relationship of the proposed development to the overall purpose and intent of the Zoning Regulations, and other planning considerations for the area and the District of Columbia as a whole, including the plans, programs, and policies of other departments and agencies of the District government; provided, that the planning considerations that are addressed shall include, but not be limited to:

Public safety relating to police and fire concerns including emergency vehicle access;

The environment relating to water supply, water pollution, soil erosion, and solid waste management;

Public education;

Recreation;

Parking, loading, and traffic;

Urban design; and

As appropriate, historic preservation and visual impacts on adjacent parkland;

Considerations of site planning; the size, location, and bearing capacity of driveways; deliveries to be made to the site; side and rear setbacks; density and open space; and the location, design, and screening of structures;

Considerations of traffic to be generated and parking spaces to be provided, and their impacts;

The impact of the proposed development on neighboring properties; and

The findings, considerations, and recommendations of other District government agencies.

The proposed development shall comply with the substantive intent and purpose of this title and shall not be likely to have an adverse effect on the present character and future development of the neighborhood.

The Board of Zoning Adjustment may impose conditions with respect to the size and location of driveways; floor area ratio; height, design, screening, and location of structures; and any other matter that the Board determines to be required to protect the overall purpose and intent of the Zoning Regulations.

Any modification to a theoretical subdivision application resulting from an addition to a one (1) dwelling unit building may be reviewed as an expedited review, pursuant to Subtitle Y, Chapter 4.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 305

11-C DCMR § 306 NEW ALLEY RECORD LOTS

306.1 A new Alley Record Lot shall:

(a) Have frontage along a public alley with a minimum alley width of twenty-four feet (24 ft.);

(b) Have access to a public street through a public alley or alleys with an alley width of not less than twenty-four feet (24 ft.) at any point between the new Alley Record Lot and the street;

(c) Have alley frontage of not less than fourteen feet (14 ft); Minimum lot width standards prescribed in the zone do not apply;

(d) Meet the lot area standards applicable for non-Alley Lots in the same zone, except that:

(1) In any R-2, R-3 and RF zones, the minimum area shall be the minimum required, regardless of building type; and

(2) If no minimum lot area standard is provided in the zone, the Alley Record Lot shall be a minimum of eighteen hundred square feet (1,800 sq. ft.) of lot area; and

(e) Not be created by subdividing an existing record lot unless the subdivision application includes a statement, supported by a plat depicting the proposed Alley Record Lot and its existing record lot, that establishes to the Zoning Administrator’s satisfaction that the remainder of that existing record lot and the new Alley Record Lot each comply with Subtitle C § 302 in addition to all other applicable requirements.

306.2 An Alley Record Lot may be combined with an abutting Alley Record Lot to create a larger Alley Record Lot without meeting the requirements of Subtitle C §§ 306.1.

306.3 An Alley Tax Lot recorded with the Office of Tax and Revenue prior to May 12, 1958, may be converted into an Alley Record Lot without meeting the requirements of Subtitle C § 306.1, if the Alley Tax Lot:

(a) Has a minimum square footage of four hundred and fifty square feet (450 sq. ft.); or

(b) Is combined with an abutting Alley Tax Lot created before May 12, 1958, or with an abutting Alley Record Lot, to create a larger Alley Record Lot.

306.4 An Alley Tax Lot not meeting the requirements of Subtitle C §§ 306.1 through 306.3 that was recorded with the Office of Tax and Revenue prior to September 6, 2016, may be converted to an Alley Record Lot if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, and subject to the following requirements:

(a) The Alley Tax Lot connects to an improved public street through an improved alley or system of alleys that provides adequate public safety, and infrastructure availability; and

(b) The Office of Zoning shall refer the application to the following agencies for their review and recommendation, if filed to the case record within the forty (40) day period established by Subtitle A § 211:

(1) Department of Transportation (DDOT);

(2) Department of Public Works (DPW);

(3) Metropolitan Police Department (MPD);

(4) Fire and Emergency Medical Services Department (FEMS);

(5) DC Water (WASA); and

(6) Department of Energy and the Environment (DOEE); and

(7) If a historic district or historic landmark is involved, the Historic Preservation Office (HPO).

306.5 A proposed subdivision of an alley lot that does not meet the requirements of Subtitle C § 306.1 may be approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, and subject to the following requirements:

(a) The requirements of Subtitle C § 306.1(e) shall still be met;

(b) The lot or lots connect to an improved public street through an improved alley or system of alleys that provides adequate public safety, and infrastructure availability; and

(c) The Office of Zoning shall refer the application to the following agencies for their review and recommendation, if filed to the case record within the forty (40) day period established by Subtitle A § 211:

(1) Department of Transportation (DDOT);

(2) Department of Public Works (DPW);

(3) Metropolitan Police Department (MPD);

(4) Fire and Emergency Medical Services Department (FEMS);

(5) DC Water (WASA);

(6) Department of Energy and the Environment (DOEE); and

(7) If a historic district or historic landmark is involved, the Historic Preservation Office (HPO).

(d) The Board of Zoning Adjustment shall determine, after considering relevant agency comments concerning transportation and parking, waste management, public safety, water and sewer services, environmental impact, and historic preservation, if applicable, that granting the special exception would not result in undue adverse impacts to nearby properties.

History

SOURCE: Final Rulemaking published at 67 DCR 12690 (October 30, 2020); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 306

11-C4 TREE PROTECTION

11-C DCMR § 400 INTRODUCTION

INTRODUCTION

Tree protection regulations of this title shall apply only in designated zones and are intended to:

Preserve mature trees in the District to the maximum extent possible;

Prevent adverse impacts on open space, parkland, stream beds, or other environmentally sensitive natural areas that can result from loss of tree cover; and

Encourage improved air quality and stormwater control that result from mature tree cover.

Tree protection regulations of this chapter are not to be construed to relieve a property owner of their obligation to comply with the provisions of the Urban Forest Preservation Act of 2002, as administered by the Urban Forestry Administration within the District Department of Transportation, and the regulations promulgated under its authority, currently codified in Chapter 37 of the Public Space and Safety Regulations, Title 24 DCMR.

The tree protection regulations of this chapter are only applicable when required by a specific zone as indicated in this title.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 400

11-C DCMR § 401 TREE PROTECTION REGULATIONS

TREE PROTECTION REGULATIONS

The tree protection standards required by specific zones shall apply when:

Constructing a building, accessory building, horizontal building addition, or other structure; or

Causing any other land disturbing activity to the lot that could result in the disturbance of the existing tree canopy.

Tree protection standards are based on trunk circumference. Trunk circumference shall be measured at a height of four feet-six inches (4 ft. 6 in.) above the ground.

Construction of a building, accessory building, or an addition to a building, creating any impervious surface area, subdividing any unimproved lot, or subdividing any improved lot so as to increase the number of principal structures thereupon, shall only be permitted as a matter of right subject to the following tree removal limitations:

The restrictions of this section against removing, cutting down, or fatally damaging trees apply only to trees having a circumference of twelve inches (12 in.) or greater at a height of four feet-six inches (4 ft. 6 in.) above ground;

The prohibitions of this section do not apply to the removal or cutting down of any dead or unhealthy tree or a tree that creates an unsafe condition. The need for removal of any tree shall be certified by a tree care professional certified by the International Society of Arboriculture;

No tree that has a circumference of seventy-five inches (75 in.) or more at a height of four feet-six inches (4 ft. 6 in.) above ground may be removed, cut down, or fatally damaged;

No more than three (3) trees that have a circumference of more than thirty- eight inches (38 in.) at a height of four feet-six inches (4 ft. 6 in.) above ground may be removed, cut down, or fatally damaged and none of these may be located within twenty-five feet (25 ft.) of any building restriction line or lot line abutting a public street; and

The total circumference inches of all trees removed or cut down on a lot may not exceed twenty-five percent (25%) of the total circumference inches of all trees on the lot having a circumference greater than twelve inches (12 in.); provided, that this section does not abrogate the right to remove or cut down up to three (3) trees as provided in paragraph (d) of this subsection; or any tree having a circumference of twelve inches (12 in.) or less at a height of four feet-six inches (4 ft. 6 in.) above ground.

Where removal or cutting of trees has occurred that would have been prohibited by this section if an application for a building permit had been contemporaneously filed, no building permit shall be issued for a period of five (5) years from such removal or cutting unless the Board of Zoning Adjustment grants a special exception pursuant to Subtitle X, Chapter 9 and Subtitle D § 5202.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 401

11-C5 PERVIOUS SURFACES

11-C DCMR § 500 INTRODUCTION

INTRODUCTION

Pervious surface regulations are intended to provide a minimum amount of pervious area and limit the amount of impervious surface on a lot.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 500

11-C DCMR § 501 PERVIOUS SURFACE REQUIREMENT

PERVIOUS SURFACE REQUIREMENT

The minimum pervious surface percentage shall be as required by the development standards for the R and RF zones.

The minimum pervious surface percentage requirement shall be applicable only in conjunction with the following:

The construction of a new principal structure;

An addition to a principal or accessory structure, other than a historic resource, that increases the existing lot occupancy at the time of building permit application by ten percent (10%) or more;

The construction of a new accessory structure that increases the existing lot occupancy at the time of building permit application by ten percent (10%) or more; or

An addition to a historic resource that increases the existing lot occupancy at the time of building permit application by twenty-five percent (25%) or more.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 501

11-C DCMR § 502 RULES OF MEASUREMENT FOR PERVIOUS SURFACES

RULES OF MEASUREMENT FOR PERVIOUS SURFACES

Only the following shall be considered pervious surfaces for the purposes of calculating the pervious surface area:

Grass, mulched groundcover, all areas of a vegetated roof planted with a growing medium, and other planted areas;

Permeable or pervious pavers or paving that facilitate the infiltration of water into the soil; and

Decks or porches constructed above the surface of the lot that are erected on pier foundations, and that maintain a permeable surface underneath that can facilitate the infiltration of water into the soil or are located directly above a surface defined in Subtitle C § 502.1.

Pervious surfaces on a lot shall not include:

On-grade surface treatments used for purposes of recreation (e.g. patios), outdoor stairways, walking, driving and parking areas made of concrete, brick, asphalt, decorative pavers, compacted gravel or other material that does not facilitate the infiltration of water directly into the subsurface of the lot;

The building footprint based on its foundation perimeter, whether located below grade or at grade;

Where a building does not have a foundation, the area of the roof; and

The area dedicated to a below or above grade swimming pool.

The percent of pervious surface area shall be calculated by dividing the total area of pervious surfaces on the lot by the total area of the lot.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 502

11-C6 GREEN AREA RATIO

11-C DCMR § 600 INTRODUCTION TO GREEN AREA RATIO

INTRODUCTION TO GREEN AREA RATIO

Green Area Ratio (GAR) is the ratio of the weighted value of landscape elements to land area. The GAR score relates to an increase in the quantity and quality of environmental performance of the urban landscape.

GAR sets integrated environmental requirements for landscape elements and site design that contribute to the reduction of stormwater runoff, the improvement of air quality, and the mitigation of the urban heat island effect.

The purposes of the GAR regulations are to:

Implement a value-based system of requirements for environmental site design that provides flexibility in meeting environmental performance standards; and

Promote attractive and environmentally functional landscapes.

The purpose of this chapter is to:

Provide general guidance about the regulation of GAR requirements;

Define the applicability of GAR;

Set forth the formula for calculating the GAR and define its component parts;

Identify those landscape elements that are included in the GAR, explain how their area is measured, and set forth eligibility conditions;

Establish multipliers for each eligible landscape element;

Indicate what plans and certifications must accompany an application submitted to demonstrate proof of GAR compliance; and

Establish maintenance requirements for the landscape elements that are provided as part of a property’s GAR requirement.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 600

11-C DCMR § 601 APPLICABILITY OF GREEN AREA RATIO STANDARDS

APPLICABILITY OF GREEN AREA RATIO STANDARDS

The requirements of this chapter became applicable October 1, 2013.

Except as provided in Subtitle C § 601.3 and pursuant to the conditions and requirements of this chapter, properties in all zones except the R and RF zones shall provide a GAR as specified in the development standards chapter for the specific zone.

The GAR standards set forth in this chapter shall apply to all new buildings and to all existing buildings where any additions and interior renovations within any twelve (12) month period exceed one hundred percent (100%) of the assessed value of the building as set forth in the records of the Office of Tax and Revenue as of the date of the building permit application, except that GAR standards shall not apply to a development which meets any of the following conditions:

New buildings or alterations to existing buildings that do not require certificates of occupancy;

Municipal wastewater treatment facilities operated by the District of Columbia Water and Sewer Authority;

The interior renovation of an existing building that:

Does not increase gross floor area by more than ten percent (10%); and

Includes only minor exterior alterations, including, but not limited to, doors or windows, the addition of solar panels or wind generation devices, or the replacement of mechanical equipment.

Within the Central Employment Area, the interior renovation of an existing building that meets all of the following:

(1) Has an existing one hundred percent (100%) lot occupancy prior to the filing of the building permit;

(2) Has an existing roof that cannot support a dead load of four inches (4 in.) of growth medium on the roof; and

(3) The work proposed by the building permit application will not result in a roof capable of supporting a dead load of four inches (4 in.) of growth medium on the roof; or

(e) A historic resource and any additions thereto subject to the provisions of Subtitle C § 601.7.

Notwithstanding Subtitle C § 601.2 and Subtitle A § 301.4, the provisions of this chapter shall not apply to any application for a building permit:

That has been officially accepted by the Department of Consumer and Regulatory Affairs as being complete prior to October 1, 2013 if the building permit plans are consistent; or

Filed on or after October 1, 2013 if the building permit plans are consistent with:

An unexpired approval of a first-stage, second-stage, or consolidated planned unit development, variance, special exception, design review under the CG or SEFC zones, or concept design by the Historic Preservation Review Board or Commission of Fine Arts; provided the vote to approve occurred prior to October 1, 2013;

An unexpired approval of a variance, special exception, or design review under the CG or SEFC zones granted on or after October 1, 2013, for which a public hearing was held prior thereto; or

An unexpired approval of a first-stage, second-stage, or consolidated planned unit development that was granted after October 1, 2013, but which was set down for a public hearing prior thereto.

Any approved change or modification to a permit, project or application in Subtitle C §§ 601.3 and 601.4 that results in an increase in impervious surface or lot occupancy of twenty percent (20%) or more shall cause the GAR to be applicable for that portion of a project that is effected by the modification.

In addition to meeting the applicable burden for obtaining further processing approval under a campus plan to construct or add to a building, the college or university applicant shall demonstrate the extent to which the building or addition meets the GAR standards. Further processing approval shall include the determination by the Zoning Commission that the proposed building is compliant with the intent of the GAR regulations.

A historic resource and any additions thereto are exempt from the requirement of this chapter as a result of a change of use or an increase of intensity of use, except that this chapter shall be applicable when any addition results in an increase in the gross floor area of the historic resource by fifty percent (50%) or more. For the purposes of this chapter a “historical resource” is a building or structure listed in the District of Columbia Inventory of Historic Sites or a building or structure certified in writing by the Historic Preservation Office as contributing to the character of the historic district in which it is located.

The cost basis for additions, alterations or repairs to an existing building shall be the amount indicated by the applicant on the application for a building permit.

Minimum required GAR score for a split zoned lot shall be calculated based on the weighted average of the score for each portion of the lot in each zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 601

11-C DCMR § 602 CALCULATION OF GREEN AREA RATIO

CALCULATION OF GREEN AREA RATIO

The GAR shall be calculated using the following formula:

(area of landscape element 1 x multiplier)+

GAR = (area of landscape element 2 x multiplier)+…

Lot Area

For the purposes of the above formula and the remainder of this chapter:

The term “landscape element” refers to one (1) of the elements listed in the table in Subtitle C § 602.9, and will be hereafter referred to as “landscape element” or “element”;

The term “multiplier” refers the number listed Table C § 602.9 that corresponds to a “landscape element”; and

The “area of landscape element” shall be the square feet of a landscape element, unless the element is a tree or large shrub, in which case “area of landscape element” refers to the element’s equivalent square footage as indicated in Subtitle C § 602.7.

The process for calculating a property’s GAR under the formula is as follows:

The area of each landscape element is multiplied by its corresponding multiplier;

The resulting numbers for all landscape elements are added together;

The resulting point total is then divided by the total land area of the lot; and

The product of the equation equals the property’s GAR.

The total points for all permeable paving and enhanced tree growth credits may not count for more than one-third (1/3) of the GAR score for a lot.

If multiple landscape elements occupy the same area, for example groundcover under a tree or trees and shrubs on an intensive green roof, the full square footage or equivalent square footage of each element may be counted.

A landscape element must meet the eligibility conditions of Subtitle C § 603.

Equivalent square feet of tree canopy and large shrubs are identified in the table below:

TABLE C § 602.7: GAR Equivalent square feet of tree canopy and large shrubs

GAR LANDSCAPE ELEMENTS

EQUIVALENT SQ. FT.

Plants, not including grasses, at least 2 feet tall at maturity

9 sq. ft. per plant

Tree canopy for trees 2.5 inches to 6 inches in diameter

50 sq. ft. per tree

Tree canopy for trees 6 inches to 12 inches in diameter

250 sq. ft. per tree

Tree canopy for trees 12 inches to 18 inches in diameter

600 sq. ft. per tree

Tree canopy for trees 18 inches to 24 inches in diameter

1,300 sq. ft. per tree

Tree canopy for trees larger than 24 inches in diameter

2,000 sq. ft. per tree

Landscape elements of the GAR shall be measured in the following ways:

All trees shall be measured for diameter at a height four feet, six inches (4 ft. 6 in.) above grade when planted and the square footage equivalent based on diameter shall be as established in the table in Subtitle C § 602.7;

For vegetated walls, the area calculated is the height times the width of the area to be covered by vegetation; and

For all other elements other than trees, large shrubs, perennials, and vegetated walls, square footage is determined by the area of a horizontal plane that is over the landscape element.

Eligible landscape elements are identified in the table below:

TABLE C § 602.9: GAR Landscape Elements and Multipliers

GAR LANDSCAPE ELEMENTS

MULTIPLIER

Landscaped area (select 1 of the following for each area)

Landscaped areas with a soil depth of less than 24 inches

0.3

Landscaped areas with a soil depth of 24 inches or more

0.6

Bioretention facilities

0.4

Plantings

Ground covers, or other plants less than 2 feet tall at maturity

0.2

Plants, not including grasses, at least 2 feet tall at maturity

0.3

Tree canopy for all new trees with mature canopy spread of 40 ft. or less calculated at 50 sq. ft. per tree

0.5

Tree canopy for all new trees with mature canopy spread of greater than 40 ft. calculated at 250 sq. ft. per tree

0.6

Tree canopy for preservation of existing trees 6 inches to 24 inches in diameter

0.7

Tree canopy for preservation of existing trees 24 inches in diameter or larger

0.8

Vegetated wall, plantings on a vertical surface

0.6

Vegetated roofs

Extensive vegetated roof over at least 2 inches but less than 8 inches of growth medium

0.6

Intensive vegetated roof over at least 8 inches of growth medium

0.8

Permeable paving

Permeable paving over at least 6 inches and less than 2 feet of soil or gravel

0.4

Permeable paving over at least 2 feet of soil or gravel

0.5

Other

Enhanced tree growth systems

0.4

Renewable energy generation (area of)

0.5

Water features (using at least 50% recycled water)

0.2

Bonuses

Native plant species listed in Subtitle C § 603.9

0.1

Landscaping in food cultivation

0.1

Harvested stormwater irrigation

0.1

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 602

11-C DCMR § 603 LANDSCAPE ELEMENT CONDITIONS FOR GREEN AREA RATIO

LANDSCAPE ELEMENT CONDITIONS FOR GREEN AREA RATIO

No landscape element may be counted towards a property’s GAR unless it meets the applicable conditions stated in this section.

Plantings over the specified soil depths shall meet the required conditions listed in Table C § 602.9: GAR Landscape Elements and Multipliers.

Bioretention facilities shall be landscaped areas that receive rainwater from surrounding areas and use plants and soils to slow, filter, and infiltrate stormwater runoff. Bioretention facilities include, but are not limited to, rain or rainwater gardens, bioretention planters, or linear cells or swales. These do not include structures made of cement or concrete alone.

Trees shall meet the following conditions:

All trees shall be at least two and one-half inches (2.5 in.) in diameter measured at a height four feet, six inches (4 ft. 6 in.) above grade when planted and shall be replaced if damaged or killed by any cause; and

All trees shall meet the American Standard for Nursery stock, as set forth by the American Nursery and Landscape Association.

Vegetated walls shall meet the following conditions:

The maximum calculated vertical dimension shall not exceed thirty feet (30 ft.) unless the vegetated wall features a built-in growth medium;

The area calculated for the vegetated wall features shall be fully covered within a period of two (2) to five (5) years from planting;

The walls shall be at least five feet (5 ft.) from a side or rear lot line; and

Where stormwater harvesting for irrigation is proposed, vegetated walls shall contain a connection to the proposed irrigation system.

Vegetated roofs shall meet the following conditions:

Designs for vegetated roofs must include plans to provide supplemental water;

Where stormwater harvesting for irrigation is proposed, vegetated roofs shall contain a connection to the proposed irrigation system; and

The groundcover vegetation on a vegetated roof is not additionally eligible for groundcover value towards GAR requirements.

Water features shall meet the following conditions:

Water features must use harvested rainwater for at least fifty percent (50%) of the annual flow; and

The water features must be under water for at least six (6) out of twelve (12) months.

Enhanced tree growth systems shall meet the following conditions:

Be at least twenty-four inches (24 in.) deep, under pavement, and adjacent to planting areas; and

Be composed of soils that are not considered contaminated or compacted according to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, approved December 11, 1980 (94 Stat. 2767; 42 U.S.C. §§ 9601 et seq.).

Native plant species shall meet the following conditions:

The plants are listed in the U.S. Fish and Wildlife Service’s Native Plants for Wildlife Conservation Landscaping: Chesapeake Bay Watershed guide; or

The applicant provides two (2) references in current publications showing that the plant is native to the region.

Food cultivation shall meet the following conditions:

All food cultivation areas must be easily accessible to at least one (1) occupant of the building;

All food cultivation areas must have a source of water that can reach all portions of the food cultivation area; and

The cultivation of animals for food is not eligible for GAR credits.

Harvesting stormwater for irrigation shall meet the following conditions:

If the irrigation type is spray, applicants shall follow treatment standards set forth in the current District Department of Energy and Environment’s Stormwater Management Guidebook; and

If the irrigation type is drip, no additional treatment of stormwater is required.

Plant species shall not be listed on the U.S. Fish and Wildlife Service’s list of Plant Invaders of Mid-Atlantic Natural Areas or other lists acceptable to the reviewing agency.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 603

11-C DCMR § 604 SUBMITTAL REQUIREMENTS FOR GREEN AREA RATIO

SUBMITTAL REQUIREMENTS FOR GREEN AREA RATIO

This section lists the submittal requirements for demonstrating compliance with a GAR requirement.

604.2 For the purposes of this section, the term “Certified Landscape Expert” means a person who holds one of the following licenses or certifications that is current, valid, and in good standing:

(a) Landscape Architect licensed by the District of Columbia;

(b) International Society of Arboriculture Certified Arborist;

(d) Landscape Contractors Association MD-DC-VA Landscape Industry Certified Technician; or

(e) Certified Chesapeake Bay Landscape Professional Level 2.

Applicants shall submit a GAR score sheet with the GAR calculated for the given lot at the time of building permit application.

Applicants shall provide a landscape plan prepared by a Certified Landscape Expert that includes the following information:

GAR elements called out by category and area, which may be provided as a part of the landscape plan or as a separate document;

Lot dimension and size;

Location and areas of all landscape elements with dimensions;

Location, size, and species of all plants used to meet requirements;

Both common and botanical names of all plant material;

Identification of all existing trees that are to be preserved, with their location, trunk diameter at four feet, six inches (4 ft. 6 in.) above grade, canopy radius, and species;

Plans indicating how preserved trees and other plants will be protected during demolition and construction;

Location and dimensions of wheel stops, curbs, or other devices to protect landscaping for landscaped areas adjacent to driveways;

A schematic irrigation and drainage plan and the size and depth of all plant containers for rooftop or container landscaping or areas to be irrigated with rainwater;

Location and size of any trees to be removed;

Specifications for soil improvement; and

Signature of the Certified Landscape Expert who prepared the plans together with verification that plantings and other landscape elements meet the requirements of this chapter.

Applicants shall provide a landscape maintenance plan prepared and signed by a Certified Landscape Expert that describes how the plantings, water features, and hardscape features will be cared for and maintained including:

Soil preparation;

Use of compost;

Plant replacement;

Irrigation;

Weed and pest control; and

Control of noxious or invasive species.

The following modifications or substitutions to the landscape elements of an approved landscape plan require a plan revision and approval:

Number of trees, shrubs, or groundcovers;

Location of required plantings or landscape features;

Substitution of species; or

Revisions of any feature that could decrease the planting area or lower the GAR score.

Except as provided below, approved landscape elements shall be installed in accordance with the approved plan prior to the issuance of the certificate of occupancy.

Prior to the issuance of the certificate of occupancy, a landscape checklist must be signed by a Certified Landscape Expert, verifying that that landscaping was installed according to the building permit approved by Department of Consumer and Regulatory Affairs.

The Zoning Administrator may grant a temporary certificate of occupancy when installation of the required landscaping is not currently possible due to weather, season, or site construction subject to the condition that the required landscaping must be installed within four (4) months after the date the temporary certificate is issued.

The Zoning Administrator may grant up to two (2) extensions of a temporary certificate of occupancy, each for a four (4) month period based on the same conditions of Subtitle C § 604.9.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 1406 (January 29, 2021); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 604

11-C DCMR § 605 SPECIAL EXCEPTIONS FOR GREEN AREA RATIO

SPECIAL EXCEPTIONS FOR GREEN AREA RATIO

The Board of Zoning Adjustment may grant, as a special exception, a full or partial reduction in the GAR required under this chapter if, in addition to meeting the general requirements of Subtitle X, Chapter 9, the applicant demonstrates that providing the GAR is impractical as a result of equivalent sustainability measures already being implemented on the property that achieve the intent of the GAR through methods not available through the GAR requirement.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 605

11-C DCMR § 606 MAINTENANCE REQUIREMENTS FOR GREEN AREA RATIO

606.1 All plantings and landscape elements used to calculate a property’s GAR must be maintained for the life of the project. If, for any reason, the installed landscape elements fall below the minimum required GAR score, new eligible landscape elements shall be added to compensate and result in the required ratio. These elements are not required to be the same as the submitted plans, so long as the GAR achieved is equivalent.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 606

11-C7 VEHICLE PARKING

11-C DCMR § 700 INTRODUCTION

INTRODUCTION

This chapter provides parking regulations intended to:

Ensure that vehicular parking areas are located, accessed, and designed to minimize negative impacts on adjacent property, urban design, the pedestrian environment, and public spaces;

Ensure that vehicle parking areas are safe and accessible; and

Ensure that surface parking areas are planted and landscaped to be compatible with their surroundings, and to reduce environmental impacts.

Any building permit application for new construction or an addition to an existing building shall be accompanied by a detailed parking plan demonstrating full compliance with this chapter.

The Zoning Administrator may, at his or her discretion, request that the District Department of Transportation review and make a recommendation regarding any item on the vehicle parking plan prior to approving the building permit application.

No certificate of occupancy shall be issued unless the vehicle parking spaces have been constructed in accordance with the approved parking plans.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 700

11-C DCMR § 701 MINIMUM VEHICLE PARKING REQUIREMENTS

MINIMUM VEHICLE PARKING REQUIREMENTS

The minimum parking requirements set forth in this section shall apply to the R, RF, RA, MU, NMU, and PDR zones; and only as specified in zones within Subtitle K.

Where required, the minimum parking requirements set forth in Subtitle C § 701.5, in addition to any specific parking requirements of this title, shall be met when a new building is constructed.

Parking standards for uses in the residential use categories are calculated in the number of parking spaces per dwelling unit.

Parking standards for uses based on gross floor area are calculated in the number of parking spaces per one thousand square feet (1,000 sq. ft.) of gross floor area as described in Subtitle C § 709.

Except as provided for in Subtitle C § 702, parking requirements for all use categories are as follows (all references to “sq. ft.” refers to square feet of gross floor area as calculated in Subtitle C § 709):

TABLE C § 701.5: PARKING REQUIREMENTS

Use Category

Minimum number of vehicle parking spaces

Agriculture, large

1.67 per 1,000 sq. ft.

Agriculture, residential

None

Animal sales, care and boarding

1 per 1,000 sq. ft. in excess of 3,000 sq. ft.

Antennas

None

Arts, design, and creation

1 per 1,000 sq. ft. in excess of 3,000 sq. ft.

Basic utilities

0.33 per 1,000 sq. ft. in excess of 3,000 sq. ft.

Chancery

0.5 per 1,000 sq. ft. in excess of 3,000 sq. ft., or as determined by the Foreign Mission Board of Zoning Adjustment.

Community-based institutional facility

1 per 1,000 sq. ft.

Daytime care

0.5 per 1,000 sq. ft. with a minimum of 1 space required.

Eating and drinking establishments

1.33 per 1,000 sq. ft. in excess of 3,000 sq. ft.

A minimum of 1 parking space shall be required for a food delivery service.

Education, college/university

For each building: 2 for each 3 teachers; plus either 1 for each 10 classroom seats or 1 for each 12 stadium seats or 1 for each 10 auditorium seats, whichever is greater, except if a campus plan has been approved by the Zoning Commission or the Board of Zoning Adjustment for the college or university, in which case the parking shall be provided as set forth in the approved campus plan.

Education, private

Elementary and middle school: 2 for each 3 teachers and other employees;

High school and accessory uses: 2 for each 3 teachers and other employees, plus either 1 for each 20 classroom seats or 1 for each 10 seats in the largest auditorium, gymnasium or area usable for public assembly, whichever is greater.

Education, public

0.25 per 1,000 sq. ft.

Emergency shelter

0.5 per 1,000 sq. ft.

Entertainment, assembly, and performing arts

2 per 1,000 sq. ft.

Firearm sales

1.33 per 1,000 sq. ft. in excess of 5,000 sq. ft.

Government, large-scale

None

Government, local

0.5 space per 1,000 sq. ft. in excess of 2,000 sq. ft. with a minimum of 1 space required; except:

Public recreation and community center: 0.25 space per 1,000 sq. ft. in excess of 2,000 sq. ft. with a minimum of 1 space required; and

Kiosk public library – no requirement.

Medical care

1 per 1,000 sq. ft. in excess of 3,000 sq. ft., with a minimum of 1 space required.

Institutional, general

1.67 per 1,000 sq. ft. in excess of 5,000 sq. ft.

Institutional, religious

1 for each 10 seats of occupancy capacity in the main sanctuary; provided, that where the seats are not fixed, each 7 sq. ft. usable for seating or each 18 in. of bench if benches are provided shall be considered 1 seat.

Lodging

0.5 per 1,000 sq. ft. in excess of 3,000 sq. ft.

Marine

0.5 per 1,000 sq. ft.

Medical care

1 per 1,000 sq. ft. in excess of 3,000 sq. ft., with a minimum of 1 space required.

Motor vehicle-related

2 per 1,000 sq. ft.

Office

0.5 per 1,000 sq. ft. in excess of 3,000 sq. ft., except:

a medical or dental office, clinic, or veterinary hospital: 1 per 1,000 sq. in excess of 3,000 sq. ft.

Parking

None

Parks and recreation

0.5 per 1,000 sq. ft.

Production, distribution, repair

1 per 1,000 sq. ft. in excess of 3,000 sq. ft., except

warehouse or storage facility – 1 per 3,000 sq. ft.

Residential, single dwelling unit

1 per principal dwelling.

Residential, flat

1 per 2 dwelling units.

Residential, multiple dwelling unit

1 per 3 dwelling units in excess of 4 dwelling units, except as follows:

1 per 2 dwelling units for any R or RF zone;

1 per 6 dwelling units of publicly assisted housing, reserved for the elderly and /or handicapped in any zone; or

1 per 3 affordable dwelling units in excess of 50 affordable dwelling units in any zone for a development that meets the criteria of Subtitle C § 1001.6(a) and Subtitle C § 702.1. All other dwelling units not described in this paragraph shall comply with the appropriate minimum parking requirement listed in this table.

Residential, rooming house

1 plus 1 for each 5 rooming units

Retail

1.33 per 1,000 sq. ft. in excess of 3,000 sq. ft.

Service, general

1.33 per 1,000 sq. ft. in excess of 3,000 sq. ft.

Service, financial

1.33 per 1,000 sq. ft. in excess of 3,000 sq. ft.

Sexually-based business establishment

1.67 per 1,000 sq. ft. in excess of 5,000 sq. ft.

Transportation infrastructure

None

Waste-related services

1 per 1,000 sq. ft.

If two (2) or more uses are located on a single lot or in a single building and the applicable parking standard for such uses exempts an initial floor area (for example, the first 3,000 sq. ft. of gross floor area), only one exempt floor area may be deducted from the total combined parking requirements for the uses and the exempt floor area shall be pro-rated among uses.

If two (2) or more uses are located on a single lot or in a single building, the number of parking spaces provided on-site, or off-site in accordance with Subtitle C § 701.8(b), must equal the total number of parking spaces required for all uses, except when parking is shared among uses as provided in Subtitle C § 701.9. If a single use falls into more than one (1) use category for which different parking minimums apply, the greater number of parking spaces shall apply.

Required parking spaces shall be located either:

On the same lot as the use or structure they are meant to serve; or

On another lot, subject to the following provisions:

The off-site location shall be a maximum of six hundred feet (600 ft.) from the use or structure that the parking spaces serve, as measured from the nearest lot line;

(2) The off-site location may be located within a different zone, except that the off-site parking location for a use within any zone other than an R or RF zone shall not be located within an R or RF zone, except parking for Transportation Infrastructure uses as permitted by Subtitle U § 202.1(q); and

Spaces provided off-site in accordance with Subtitle C § 701.8(b) shall not serve as required parking for any other use, unless they are shared parking spaces in accordance with Subtitle C § 701.9;

Unless under common ownership, a written agreement shall remain in effect between the owner of the parking area and the owner of the use for which the parking spaces are required (the use);

A draft of the written agreement shall be provided as part of any building permit application associated with either the site of the parking area or the site for which the parking spaces are required. The final, original written agreement shall be filed with the Zoning Administrator prior to the issuance of the first certificate of occupancy for the use and any amendment or successor agreement must be filed no later than ten (10) days following execution by the parties;

The Zoning Administrator shall maintain a file of all written agreements and amendments for the lot where the use is located and the lot providing the required parking spaces; and

The Board of Zoning Adjustment may allow off-site parking spaces to be located elsewhere than as permitted pursuant to Subtitle C § 701.8(b)(1) in accordance with the general special exception requirements of Subtitle X, subject to:

The applicant’s demonstration that the accessory parking spaces shall be located so as to furnish reasonable and convenient parking facilities for the occupants or guests of the building or structures that they are designed to serve; and

The Board of Zoning Adjustment may impose conditions as to screening, coping, setbacks, fences, the location of entrances and exits, or any other requirement it deems necessary to protect adjacent or nearby property. It may also impose other conditions it deems necessary to assure the continued provision and maintenance of the spaces.

Parking spaces, whether required or not, may be shared among more than one (1) use, whether the uses are on the same lot or on separate lots. Parking spaces that are shared among more than one (1) use shall be subject to the following conditions:

The spaces shall not serve as required parking for any other use during the days and times each use they serve is in operation;

Parking may be shared:

Between uses and a parking site within the same zone; or

Between uses and a parking site within an R and RF zone; or

Between a use in an R or RF zone and a parking site in any other zone; but

May not be shared between a parking site within an R or RF zone and a use located in any other zone;

Unless under common ownership, a written agreement shall remain in effect between the owner of the parking area and the owner of the use for which the parking spaces are required (the use), and shall include the obligation set forth in Subtitle C § 701.9;

The Zoning Administrator shall maintain a file of all written agreements and amendments for the lot where the use is located and the lot providing the required parking spaces.

Dedicated car-share parking spaces may be counted toward fulfillment of a minimum parking requirement.

Uses governed by a campus plan are subject to the minimum parking requirement approved by the Zoning Commission and are not subject to the parking requirements otherwise applicable.

Parking spaces provided in an amount which exceeds that required by this section shall be subject to the provisions of Subtitle C § 707.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 67 DCR 14506 (December 11, 2020); as amended by Final Rulemaking published at 69 DCR 001561 (February 25, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 72 DCR 001513 (February 14, 2025); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 701

11-C DCMR § 702 EXEMPTIONS FROM MINIMUM VEHICLE PARKING REQUIREMENTS

EXEMPTIONS FROM MINIMUM VEHICLE PARKING REQUIREMENTS

702.1 Except as provided in Subtitle C § 702.2, within any zone other than an R or RF zone, the minimum vehicle parking requirement identified in the table of Subtitle C § 701.5 shall be reduced by fifty percent (50%) for any site which is located:

(a) Within one-half mile (0.5 mi.) of a Metrorail station that is currently in operation or is one for which a construction contract has been awarded;

(b) Within one-quarter mile (0.25 mi.) of a streetcar line; or

(c) Within one-quarter mile (.25 mi.) of one (1) of the following Metrobus corridors served by high-frequency routes located entirely or partially within the District of Columbia:

(1) Georgia Avenue/7th Street, N.W. (Archives Metrorail Station to Eastern Avenue, N.W.);

(2) Wisconsin Avenue, N.W. / M Street, N.W./ Pennsylvania Avenue, N.W. (Western Avenue, N.W. to Union Station Metrorail Station);

(3) Sixteenth Street, N.W. (Eastern Avenue, N.W. to Archives Metrorail Station);

(4) H Street/Benning Road (17th Street, N.W. to Minnesota Avenue, S.E.);

(5) Calvert Street, N.W. / 18th Street, N.W. / U Street, N.W. / Garfield Florida Avenue/ 8th Street, N.E. / 11th Street, N.E. / Marion Barry Avenue, S.E. / Alabama Avenue, S.E. (Woodley Park Metrorail Station to Congress Heights Metrorail Station);

(6) Martin Luther King Junior Avenue, S.E. / Alabama Avenue, S.E. / Wheeler Road, S.E. / Barnaby Road, S.E. / 8th Street, S.E. / Condon Terrace, S.E. / 4th Street, S.E./ 3rd Street, S.E. / Livingston Road, S.E. / Southern Avenue, S.E. / 6th Street, S.E. (Anacostia Metrorail Station to Southern Avenue);

(7) Michigan Avenue/ Kenyon Street, N.W. / Irving Street, N.W./ Porter Street, N.W (Brookland Metrorail Station to Tenleytown-AU Metrorail Station);

(8) Riggs Road, N.W. / North Capitol Street / New Hampshire Avenue, N.W. (Fort Totten Metrorail Station to Eastern Avenue, N.W.);

(9) Rhode Island Avenue, N.E. (Rhode Island Ave-Brentwood Metrorail Station to Eastern Avenue);

(10) Martin Luther King Jr Avenue, S.E./ 11th Street, S.E./ Potomac Avenue, S.E./ 19th Street, S.E./ East Capitol Street/ 15th Street, S.E./ Bladensburg Road, N.E (Anacostia Metrorail Station to Eastern Avenue);

(11) Firth Sterling Avenue, S.E./ South Capitol Street/ Malcolm X Avenue, S.E./ Alabama Avenue, S.E./ Pennsylvania Avenue, S.E./ Southern Avenue/ Benning Road/ Minnesota Avenue, N.E. (Anacostia Metrorail Station to Minnesota Avenue Metrorail Station); and

South Capitol Street/ Martin Luther King Jr Avenue, S.E./ Marion Barry Avenue, S.E/. Minnesota Avenue/ Nannie Helen Burroughs Avenue, N.E. 58th Street, N.E./ Dix Street NE (Navy Yard-Ballpark Metrorail Station to Capitol Heights Metrorail Station).

In any zone, a public school shall be permitted to reduce its minimum vehicle parking requirement by fifty percent (50%) pursuant to the criteria of Subtitle C § 702.1(a), (b), or (c).

Any applicant claiming a reduction in required parking in accordance with Subtitle C § 702.1 shall provide evidence to the Zoning Administrator that meets at least one (1) of the locational requirements of Subtitle C §§ 702.1(a), (b), or (c).

Vehicle parking shall not be required:

For a building containing a single principal dwelling unit or flat within the R or RF zone, if the lot does not have access to an open, improved, and public alley with a right of way of ten feet (10 ft.) width minimum;

Within the D zones, except:

Parking requirements applicable to a disposition lot as defined in the Urban Renewal Plan for the Downtown Urban Renewal Area shall be as specified in that plan; and

Within the D-5 zone west of 20th Street N.W., parking shall be required in accordance with Subtitle C §§ 701.5 and 702.1;

Within the SEFC or USN zones;

On any property within the CG zones that has frontage on or is located east of South Capitol Street;

(e) Within the MU-11 zone;

(f) For structures erected on Kingman and Heritage Islands, for which the construction of parking spaces shall be prohibited except for handicap spaces; or

(g) In all zones, any use on an alley lot listed as a matter of right or special exception use under Subtitle U §§ 600 and 601.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 6110 (June 30, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 702

11-C DCMR § 703 SPECIAL EXCEPTIONS FROM MINIMUM PARKING NUMBER REQUIREMENTS

SPECIAL EXCEPTIONS FROM MINIMUM PARKING NUMBER REQUIREMENTS

This section provides flexibility from the minimum required number of parking spaces when providing the required number of spaces would be:

(a) Impractical due to the shape or configuration of the site;

(b) Unnecessary due to a lack of demand for parking or the site’s proximity to transit options; or

The Board of Zoning Adjustment may grant a full or partial reduction in the number of required parking spaces, as a special exception pursuant to Subtitle X, Chapter 9, and subject to the applicant’s demonstration to the Board’s satisfaction of at least one (1) of the following:

Due to the physical constraints of the property, the required parking spaces cannot be provided either on the lot or within six hundred feet (600 ft.) of the lot in accordance with Subtitle C § 701.8;

The use or structure is particularly well served by mass transit, shared vehicle, or bicycle facilities;

Land use or transportation characteristics of the neighborhood minimize the need for required parking spaces;

Amount of traffic congestion existing or which the parking for the building or structure would reasonably be expected to create in the neighborhood;

The nature of the use or structure or the number of residents, employees, guests, customers, or clients who would reasonably be expected to use the proposed building or structure at one time would generate demand for less parking than the minimum parking standards;

All or a significant proportion of dwelling units are dedicated as affordable housing units;

Quantity of existing public, commercial, or private parking, other than on-street parking, on the property or in the neighborhood, that can reasonably be expected to be available when the building or structure is in use;

The property does not have access to an open public alley, resulting in the only means by which a motor vehicle could access the lot is from an improved public street and either:

(1) A curb cut permit for the property has been denied by the Public Space Committee; or

(2) Any driveway that could access an improved public street from the property would violate any regulation of this chapter, of the parking provisions of any other subtitle in the Zoning Regulations, or of Chapters 6 or 11 of Title 24 DCMR;

The presence of healthy and mature canopy trees on or directly adjacent to the property; or

The nature or location of an Historic Resource precludes the provision of the number of parking spaces required by this chapter; or providing the required number of parking spaces would result in significant architectural or structural difficulty in maintaining the integrity and appearance of the Historic Resource.

Any reduction in the required number of parking spaces granted under Subtitle C § 703.2 shall be:

(a) Proportionate to the reduction in parking demand demonstrated by the applicant;

(b) Limited to the number of spaces that the applicant demonstrates cannot reasonably be provided on the site as proposed to be developed in the application; and

(c) Limited to relief from the minimum number of parking spaces required by this section and shall not provide relief from the location, access, size or layout, screening, or other requirements of this chapter.

Any request for a reduction of more than four (4) spaces from the required number of parking spaces shall include a transportation demand management plan approved by the District Department of Transportation, the implementation of which shall be a condition of the Board of Zoning Adjustment’s approval.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 69 DCR 001561 (February 25, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 703

11-C DCMR § 704 MINIMUM PARKING REQUIREMENTS FOR ADDITIONS TO EXISTING BUILDINGS OR STRUCTURES

MINIMUM PARKING REQUIREMENTS FOR ADDITIONS TO EXISTING BUILDINGS OR STRUCTURES

An addition to an existing building triggers additional parking requirements only when the gross floor area of the building is expanded or enlarged by twenty-five percent (25%) or more beyond the gross floor area on the effective date of this title, or in the case of a new building, the gross floor area used to calculate the initial parking requirement. The additional minimum parking required shall be calculated based upon the entire gross floor area added.

Notwithstanding Subtitle C § 704.1, additions to historic resources shall be required to provide additional parking spaces for an addition only if:

The addition results in at least a fifty percent (50%) increase in gross floor area beyond the gross floor area existing on the effective date of this title; and

The resulting requirement is at least four (4) parking spaces.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 704

11-C DCMR § 705 MINIMUM PARKING REQUIREMENTS FOR AN EXPANSION OR CHANGE OF USE WITHIN AN EXISTING BUILDING OR STRUCTURE

MINIMUM PARKING REQUIREMENTS FOR AN EXPANSION OR CHANGE OF USE WITHIN AN EXISTING BUILDING OR STRUCTURE

Additional parking spaces shall be required only when the minimum number of parking spaces required for the new use exceeds the number of spaces required for the prior use that occupied the same gross floor area.

When determining the required number of additional required parking spaces, it shall be assumed that the previous use provided at least the minimum number of spaces required.

A historic resource shall not be required to provide additional parking spaces for a change in use without expansion.

If a use operates solely outside of a building or structure, any expansion of that use shall conform to the applicable parking standards.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 705

11-C DCMR § 706 MAXIMUM PARKING REQUIREMENTS

MAXIMUM PARKING REQUIREMENTS

The maximums for all newly constructed parking areas, and parking areas that increase the number of parking spaces or the land area by twenty-five percent (25%) or more shall be no above-grade parking area built or expanded to exceed one hundred thousand square feet (100,000 sq. ft.) in land area.

The Board of Zoning Adjustment may grant an increase in the maximum size of parking area allowed under Subtitle C § 706.1(a) or in the maximum parking standards of a land use subtitle as a special exception pursuant to Subtitle X, Chapter 9, and subject to the applicant’s demonstration to the Board’s satisfaction that a transportation demand management plan approved by the District Department of Transportation will be implemented. The Board of Zoning Adjustment may impose as a condition of its approval, requirements as to screening, landscaping, setbacks, fences, the location of entrances and exits, or any other requirement it deems necessary to protect adjacent or nearby property.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 69 DCR 001561 (February 25, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 706

11-C DCMR § 707 MITIGATION FOR PARKING SIGNIFICANTLY IN EXCESS OF THE MINIMUM REQUIREMENT

MITIGATION FOR PARKING SIGNIFICANTLY IN EXCESS OF THE MINIMUM REQUIREMENT

For the purposes of this section, the term “excess parking space” is defined as all vehicle parking spaces provided in excess of the minimum parking requirement for that location and use pursuant to Subtitle C § 701, but shall not include either parking spaces to be dedicated to an off-site use in accordance with the provisions of Subtitle C §§ 701.7 and 701.8, or dedicated car-share spaces provided in accordance with the provisions of Subtitle C § 708.

For the purposes of this section, the term “minimum parking required” shall mean:

The minimum required number of parking spaces pursuant to Subtitle C § 701.5 for the relevant use(s); or

Within the D and CG zones, where there is no minimum parking requirement, the minimum number of parking spaces otherwise required for that use pursuant to Subtitle C § 701.5.

The provision of excess parking spaces shall require the following transportation demand management features:

For any site for which the parking requirement of Subtitle C § 701.5 is twenty (20) parking spaces or greater, any excess parking spaces greater than twice the minimum parking required for that use shall require the following transportation demand management measures:

Bicycle parking spaces provided in accordance with the provisions of Subtitle C § 801 at a rate of one (1) bicycle parking space for each three (3) excess parking spaces, to a maximum of one-hundred (100) additional bicycle parking spaces, with such bicycle parking spaces being provided at the same ratio of long and short term spaces as required in Subtitle C § 802.1;

One (1) tree for every ten (10) excess parking spaces, with such trees to be planted within public space in the Ward in which the site is located, at a location to be determined by the Urban Forestry Division of the District Department of Transportation, and of a species and size consistent with industry standards for street trees;

One (1) on-site or publicly accessible electric car charge station for every twenty (20) excess parking spaces;

One (1) car share space to be provided in accordance with the provisions of Subtitle C §§ 708.3 through 708.4 for every twenty (20) excess parking spaces, to a maximum of ten (10) car share spaces; and

The GAR required for the site pursuant to Subtitle C, Chapter 6 shall be increased by a rate of .001 for each two (2) excess parking spaces, to a maximum of an additional 0.1;

In addition, the provision of more than one hundred (100) excess parking spaces shall require the provision of one (1) Capital Bikeshare station with a minimum of nineteen (19) bike stalls, and the provision of more than two hundred (200) excess parking spaces shall require the provision of two (2) Capital Bikeshare stations with a minimum of nineteen (19) bike stalls each, or the provision of one (1) Capital Bikeshare station with a minimum of thirty-eight (38) bike stalls. These shall be located on site or at an off-site location within the Ward at a location to be determined by the District Department of Transportation;

Requirements of this section shall be provided in full prior to the issuance of a certificate of occupancy for the site;

Any requirement of this section shall be in addition to any other requirements of Subtitle C, Chapters 7 and 8; and

The Board of Zoning Adjustment may grant full or partial relief from Subtitle C §§ 707.3(a) and (b) as a special exception pursuant to Subtitle X, Chapter 9, and subject to the applicant’s demonstration to the Board’s satisfaction that:

Mitigation requirements for the excess parking spaces are not required due to other transportation demand management, bike way, or pedestrian way improvement commitments of the applicant, to be provided prior to the issuance of a certificate of occupancy for the building or site containing the parking; or

The excess parking spaces will serve a District-identified need for parking in the community, and will be entirely shared (non-dedicated) parking spaces available at regular market rates to the public at all times that the facility with the parking is open.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 69 DCR 001561 (February 25, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 707

11-C DCMR § 708 CAR-SHARE PARKING SPACE PROVISIONS

CAR-SHARE PARKING SPACE PROVISIONS

Dedicated car-share parking spaces may be counted toward fulfillment of any minimum parking requirement in any zone other than an R or RF zone.

Up to two (2) dedicated car share spaces provided in accordance with this provision may each count as three (3) required parking spaces for the purposes of calculating the provision of required parking pursuant to Subtitle C § 701.5.

Any car-share space provided pursuant to Subtitle C § 708.2 shall be made available to any car-share organization with a valid business license, for the purpose of providing car-share services for its subscribers, in accordance with the following provisions:

The car-share spaces shall be accessible at all times to subscribers who may or may not be residents or employees of uses on the lot. Reasonable security measures, such as keyless entry devices, may be used; and

The following information shall be provided to the Zoning Administrator:

Written notice of the number and location of car-share spaces that will be available;

A D.C. Surveyor’s Plat of the property;

A floor plan or site plan of the parking area clearly identifying the required car-share spaces;

The square and lot number, address, property owner contact information; and

Any other pertinent information as determined by the Zoning Administrator.

Within any R or RF zone, up to two (2) car-share spaces may be provided on the property, subject to the following provisions:

Any car-share space is provided in addition to any required parking space for the principal dwelling;

The lot has access to an open and improved alley with a width of ten feet (10 ft.) minimum;

If one (1) car-share space is to be provided on the property, the property has either:

A width along the property line from which access to the car-share space is to be provided of at least twenty-five feet (25 ft.); or

A minimum of fifteen feet (15 ft.) between the parking area and the principal dwelling;

If two (2) car-share spaces are to be provided on the property, the property has either:

A width along the property line from which access to the car-share space is to be provided of at least thirty-five feet (35 ft.); or

A minimum of ten feet (10 ft.) between the parking area and the principal dwelling; and

The car-share spaces shall be accessible at all times to subscribers who may or may not be residents on the lot.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 708

11-C DCMR § 709 RULES OF CALCULATION

RULES OF CALCULATION

Gross floor area shall be as defined in Subtitle B, except that for purposes of calculating off-street parking requirements:

(a) In all zones, gross floor area shall not include floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space or space devoted exclusively to bicycle storage or support (lockers and showers) facilities;

(b) In all zones, gross floor area shall include penthouse habitable space except that recreation space for residents or tenants of the building or other ancillary space associated with a rooftop deck shall not be included;

(c) In the R, RF, RA, and MU-11 through MU-14 zones, gross floor area shall include cellar floor area devoted to uses within the Government, Local use;

(d) In the MU-3, MU-4, MU-7, NMU-3, NMU-4, NMU-7, ARTS-1, ARTS-3, PDR-1, and PDR-4 zones, gross floor area shall include:

(1) Animal sales, care and boarding;

(2) Arts, design and creation;

(3) Chancery;

(4) Eating and drinking establishments;

(5) Firearm sales;

(6) Medical care;

(7) Office;

(8) Retail; and

(9) Service, general and financial; and

(e) In the PDR-2 and PDR-3 zones, gross floor area shall include the cellar floor area devoted to uses within the Office and Chancery use groups.

When an initial amount of floor area or number of dwelling units is exempted, that amount or number is subtracted from the total before the minimum parking requirement is calculated.

Calculations of parking spaces that result in a fractional number of one-half (0.5) or more shall be rounded up to the next whole number. Any fractional result of less than one-half (0.5) shall be rounded down to the previous whole number.

The number of teachers or employees shall be computed on the basis of the greatest number of persons to be employed at any one period during the day or night, including persons having both full-time and part-time employment.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 709

11-C DCMR § 710 LOCATION RESTRICTIONS

LOCATION RESTRICTIONS

The intent of this section is to prevent negative impacts on neighboring property from excessive parking, minimize vehicle-pedestrian conflicts, respect the pedestrian environment, foster good urban design, and provide space for active uses to line parking structures.

Vehicle parking spaces shall be located:

Parking spaces and access to parking spaces in a waterfront setback required pursuant to Subtitle C § 1102 shall comply with the requirements of that section in addition to the other requirements of this subsection;

(b) Within or below a building or structure; except in any zone other than a R, RF, or Subtitle K special purpose zone , parking spaces provided within a structure shall be located at least twenty feet (20 ft.) from all lot lines that abut a public street or a waterfront setback required pursuant to Subtitle C § 1102, unless the surface of the parking spaces is at least ten feet (10 ft.) below grade at all points along the building frontage; and

(1) Between a building restriction line and a front lot line;

(2) In any zone other than a PDR zone, surface parking spaces shall not be located between the front façade of a building, as extended for the full width of the front of the lot, and the front lot line; provided that a building used solely as a parking attendant shelter, or a building on an alley lot, shall not trigger this restriction;

(3) In a waterfront setback required pursuant to Subtitle C § 1102 or in the MU-11 through MU-14 zones, surface parking spaces shall be permitted only as a special exception pursuant to Subtitle X, Chapter 9, and meeting the application conditions of Subtitle C § 1102.5; or

(4) Within all R and RF zones, any surface parking lot for more than ten (10) parking spaces shall be located a minimum of six feet (6 ft.) from any property line, with the space between the surface parking lot and the property line providing landscaping and screening consistent with Subtitle C §§ 714 and 715.

The Board of Zoning Adjustment may grant full or partial relief from the requirements of this section to locate surface parking spaces anywhere on the lot upon which the building or structure is located if approved as a special exception pursuant to Subtitle X, Chapter 9, and subject to:

(a) The applicant’s demonstration to the Board’s satisfaction that:

(1) It is not practical to locate the spaces in accordance with Subtitle C § 710.2 for the following reasons:

(A) Unusual topography, grades, shape, size, or dimensions of the lot;

(B) The lack of an alley or the lack of appropriate ingress or egress through existing or proposed alleys or streets;

(D) The location of required parking spaces elsewhere on the same lot or on another lot would result in more efficient use of land, better design or landscaping, safer ingress or egress, and less adverse impact on neighboring properties; and

(2) The accessory parking spaces shall be located so as to furnish reasonable and convenient parking facilities for the occupants or guests of the building or structures that they are designed to serve; and

(b) The Board of Zoning Adjustment may impose conditions as to screening, coping, setbacks, fences, the location of entrances and exits, or any other requirement it deems necessary to protect adjacent or nearby property. It may also impose other conditions it deems necessary to assure the continued provision and maintenance of the spaces.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 6110 (June 30, 2017); as amended by Final Rulemaking published at 65 DCR 11927 (October 26, 2018); as amended by Final Rulemaking published at 69 DCR 001561 (February 25, 2022); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 710

11-C DCMR § 711 ACCESS REQUIREMENTS

ACCESS REQUIREMENTS

Approval of a driveway under this title does not constitute permission for a curb cut in public space. An applicant for a driveway with a curb cut in public space shall have the responsibility to obtain all other necessary approvals from the District Department of Transportation.

All required parking spaces, driveways, and entrances that provide access to parking areas, shall conform to the requirements of this section.

All required parking spaces, other than as permitted in Subtitle C § 711.4, shall be accessible at all times from a driveway accessing either:

An improved street, except as restricted in Subtitle C § 711.9; or

An improved alley or alley system with a minimum width of ten feet (10 ft.).

An automated parking garage shall meet the requirements of Subtitle C § 711.3, although individual parking spaces provided as part of the automated parking garage do not.

Except as provided in Subtitle C § 711.11, within twenty feet (20 ft.) of all street lot lines, a driveway shall be at least eight feet (8 ft.) wide and not more than ten feet (10 ft.) wide if it:

Provides access to parking spaces serving a single dwelling unit or flat;

Provides access to no more than two (2) parking spaces for any use; or

Provides shared access across public or private property to no more than three (3) single dwelling units or flats.

Except as provided in Subtitle C § 711.11, within twenty feet (20 ft.) of all street lot lines, a driveway other than as described in Subtitle C § 711.5 shall be:

At least twelve feet (12 ft.) wide for one-way traffic or eighteen feet (18 ft.) wide for two-way traffic; and

Not more than twenty-four feet (24 ft.) wide.

When parking spaces are provided within a building or structure, all vehicular entrances or exits shall be a minimum height of ten feet (10 ft.) and shall be setback at least twelve feet (12 ft.) from the center line of any adjacent alley; except these requirements shall not apply to:

(a) Alley Lots; or

(b) A building or structure serving a single household, flat, or conversion pursuant to Subtitle U §§ 320.2, 320.3, or 320.4.

A driveway that provides access to required parking spaces shall have a maximum grade of twelve percent (12%) with a vertical transition at the property line.

Driveways to required parking spaces for groups of three (3) or more row dwellings that are constructed concurrently on adjacent lots shall be governed by the following provisions:

Access to vehicle parking from a public or private street to individual rowhouses shall not be permitted; and

For vehicle parking provided on a separate lot in accordance with Subtitle C § 701.8, the Board of Zoning Adjustment may allow a single driveway access from a public or private street as a special exception pursuant to Subtitle X, Chapter 9, and subject to:

(1) The applicant’s demonstration to the Board’s satisfaction that:

(A) There is no alternative access to on-site parking spaces through open and improved existing or proposed alleys; and

(B) The proposed parking access does not impose traffic hazards or any adverse impact on the surrounding neighborhood; and

(2) The Board of Zoning Adjustment may impose conditions as to the location of the parking access, screening, or any other requirement it deems necessary to ensure safety and to protect adjacent or nearby property.

Required parking spaces for a motor vehicle-related use category may be arranged so that all spaces are not accessible at all times. All parking spaces provided under this subsection shall be designed and operated so that sufficient access and maneuvering space is available to permit the parking and removal of any vehicle without moving any other vehicle onto public space.

711.11 The Board of Zoning Adjustment may grant full or partial relief from the requirements of Subtitle C §§ 711.5 through 711.7 as a special exception under Subtitle X, Chapter 9, and subject to the following:

The Office of Zoning shall refer any request under this subsection to the Office of Planning and the District Department of Transportation for review and comment, which shall include an evaluation of the applicant’s satisfaction of the requirements of paragraph (b) of this subsection; and

(b) The applicant shall demonstrate to the Board’s satisfaction:

A reasonable difficulty in providing the full-sized driveway width or alley centerline setback; and

(2) Vehicle movement and turning diagrams demonstrating that the proposed relief would allow safe:

(A) Access for vehicles of average dimensions to and from the parking spaces for which the driveway or alley centerline setback provides access; and

(B) Use of the street or alley by pedestrians and vehicles.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020); as amended by Final Rulemaking published at 69 DCR 001561 (February 25, 2022); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 711

11-C DCMR § 712 SIZE AND LAYOUT REQUIREMENTS

SIZE AND LAYOUT REQUIREMENTS

All parking spaces and parking aisles, whether required or not required, shall conform to the dimensional requirements of this section, except as provided in Subtitle C §§ 712.2 and 717.

An automated parking garage is exempt from the requirements of this section.

The minimum parking space dimensions shall be provided as follows:

(a) Subject to paragraph (f), when four (4) or more spaces are required, at least fifty percent (50%) of the spaces shall meet or exceed the full-sized dimensions specified in Subtitle C § 712.5;

(b) Subject to paragraph (f), when three (3) spaces are required, at least one (1) of the spaces shall meet or exceed the full-sized dimensions specified in Subtitle C § 712.5 and the others shall meet or exceed the compact-sized dimensions specified in Subtitle C § 712.6;

(c) Subject to paragraph (f), when two (2) or fewer spaces are required, they may meet or exceed the compact-sized dimensions specified in Subtitle C § 712.6;

(d) Notwithstanding Subtitle A § 102.6 and Subtitle C § 701.14, any existing parking space may be reduced in size in conformance with the requirements of this subsection by obtaining a building permit approved as zoning compliant;

(e) No parking space, whether required or not required, shall have dimensions less than the compact-sized dimensions specified in Subtitle C § 712.6; and

(f) No parking space, whether required or not required, shall have a length less than the full-sized dimensions specified in Subtitle C § 712.5 if the space is directly accessible from a public alley that is fifteen (15) feet or less in width.

Parking spaces provided on the same lot as a historic resource shall meet the minimum dimensional requirements of Subtitle C § 712.6.

The minimum dimensions for full-sized parking spaces and aisles are as follows:

TABLE C § 712.5: MINIMUM DIMENSIONS FOR FULL-SIZED PARKING SPACES AND AISLES

Parking Angle

Stall Width

Depth of Stalls Perpendicular to Aisle

One-Way Drive Aisle Width

Two-Way Drive Aisle Width

45º

9 ft.

17.5 ft.

17 ft.

N/A

60º

9 ft.

19 ft.

17 ft.

N/A

90º

9 ft.

18 ft.

20 ft.

Parallel

22 ft.

8 ft.

12 ft.

20 ft.

The minimum dimensions for spaces and aisles exclusively for compact parking spaces are as follows:

TABLE C § 712.6: MINIMUM DIMENSIONS FOR COMPACT PARKING SPACES AND AISLES

Parking Angle

Stall Width

Depth of Stalls Perpendicular to Aisle

One-Way Drive Aisle Width

Two-Way Drive Aisle Width

45º

8 ft.

16.5 ft.

16 ft.

N/A

60º

8 ft.

17 ft.

16 ft.

N/A

90º

8 ft.

16 ft.

20 ft.

Parallel

20 ft.

8 ft.

12 ft.

20 ft.

All parking spaces and access ways to and from spaces shall have a minimum vertical clearance of six feet, six inches (6 ft., 6 in.).

Above grade parking areas shall be designed so that no vehicle shall project over any lot line, front setback line, or building restriction line.

Except on a lot that only has one (1) or two (2) dwelling units, all parking areas and spaces shall be designed and operated so that sufficient access and maneuvering space is available to permit the parking and removal of any vehicle without moving any other vehicle onto public space.

All individual compact parking spaces shall be clearly labelled as such on all plans and at the site.

The Board of Zoning Adjustment may grant relief from the requirements of Subtitle C §§ 712.3, 712.5, and 712.6 as a special exception under Subtitle X, Chapter 9 and subject to the following:

(a) The Office of Zoning shall refer any request under this subsection to the Office of Planning and the District Department of Transportation for review and comment;

(b) For a request for relief from the ratio requirement of Subtitle C § 712.3 the applicant shall demonstrate to the Board’s satisfaction a reasonable difficulty in providing the number of full-sized parking spaces;

(c) A request for relief from the dimensional requirements for drive aisles of Subtitle C §§ 712.5 and 712.6 shall be accompanied by vehicle movement and turning diagrams demonstrating to the Board’s satisfaction that vehicles of average dimensions would be able to safely and efficiently access the parking spaces affected by such relief;

(d) No parking space, whether required or not required, shall have dimensions less than the compact-sized dimensions specified in Subtitle C § 712.6;

(e) The Board shall grant relief only to the degree that the applicant demonstrates that physical constraints prevent it from reasonably complying with the requirements; and

(f) The Board may grant full or partial relief.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 8898 (August 27, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 712

11-C DCMR § 713 MAINTENANCE REQUIREMENTS

MAINTENANCE REQUIREMENTS

All parking areas, including access aisles, driveways, and ramp areas, shall be surfaced and maintained with an all-weather surface. In addition to traditional impervious surfaces, allowable all-weather surfaces include porous (or pervious) concrete, porous asphalt, and mechanically reinforced grass. Gravel and grass that is not mechanically reinforced are not allowed as surface materials required under this subsection.

All parking spaces shall be clearly striped according to the dimensions specified in Subtitle C § 712. Durable all-weather materials shall be used for striping. Striping shall be maintained for as long as the parking spaces are in use.

A parking lot serving a use in the retail or eating and drinking establishment use category shall provide at least one (1) litter receptacle within the parking area.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 713

11-C DCMR § 714 SCREENING REQUIREMENTS FOR SURFACE PARKING

SCREENING REQUIREMENTS FOR SURFACE PARKING

714.1 Screening shall be required for any external surface parking spaces except:

(a) On a property located in a PDR zone that does not abut property that is not within a PDR zone; or

(b) On a property devoted to residential uses with a maximum of two (2) dwelling units.

714.2 Screening of external surface parking shall be provided in accordance with the following provisions:

(a) Screening shall be provided around the entire perimeter of the surface parking area, except where the abutting public space is the access point to individual parking spaces, or the driveway access point to the parking spaces;

(b) All parking spaces that abut public space, such as sidewalks, streets, or alleys, shall have physical structures, such as wheel bumper guards, curbs, and/or guard rails, installed to separate and protect the abutting public space from vehicular encroachment, except where the abutting public space is the access point or driveway to the parking space;

(c) Except as required by paragraph (b) of this section, gaps in the screening are allowed only to provide driveways and pedestrian exits or entrances that open directly onto a street, sidewalk or alley. No individual gap may exceed twenty feet (20 ft.) in width; and

(d) Except as required by paragraph (b) of this section, the screening shall be either:

(1) A wall or solid fence at least forty-two (42) inches high; or

(2) Evergreen hedges or evergreen growing trees that:

(A) Are thickly planted and maintained;

(B) Are at least forty-two (42) inches in height when planted; and

714.3 The Board of Zoning Adjustment may grant, as a special exception, a modification or waiver of these screening requirements. In addition to the general requirements of Subtitle X, the Board of Zoning Adjustment may consider:

(a) Impacts on the pedestrian environment within adjacent streets, sidewalks, and other public areas;

(b) Existing vegetation, buildings or protective and screening walls located on adjacent property;

(d) Traffic conditions; and

(e) In granting a modification or waiver, the Board of Zoning Adjustment may require any special treatment of the premises that it deems necessary to prevent adverse impacts on neighboring properties or the general public.

714.4 Notwithstanding the requirements of Subtitle C § 714.2, screening for a public school’s external surface parking shall be provided in accordance with the following provisions:

(a) Screening shall be provided around the entire perimeter of the surface parking area, except no screening is required to be provided for driveways and pedestrian exits or entrances that open directly onto a street, sidewalk, or alley; and

(b) The screening shall be either:

(1) A solid or non-solid fence or wall at least forty-two (42) inches high; or

(2) Evergreen shrubs or trees that are planted between four feet (4 ft.) to six feet (6 ft.) on center, and that are at least forty-two (42) inches in height when planted and maintained in perpetuity.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 68 DCR 8898 (August 27, 2021); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 714

11-C DCMR § 715 LANDSCAPING REQUIREMENTS FOR SURFACE PARKING

LANDSCAPING REQUIREMENTS FOR SURFACE PARKING LOTS

Surface parking lots with ten (10) or more parking spaces shall conform to the landscaping, tree canopy cover, and lighting requirements of this section:

A minimum of ten percent (10%) of the total area devoted to parking, including aisles and driveways shall be covered by landscaped areas planted with trees and shrubs.

The landscaping shall be maintained in a healthy, growing condition. Dead or dying plant material shall be replaced.

The landscaping shall be designed and maintained to accept storm water runoff from the surrounding parking area.

All end islands of parking rows longer than nine (9) parking spaces, and all areas otherwise not used for ingress and egress, aisles, and parking spaces shall be landscaped.

The following shall not count towards the landscape area requirements of this section:

Landscape areas of less than one (1) foot in any horizontal dimension;

Landscaping around the perimeter of the parking area greater than a distance of six feet (6 ft.) from the parking pavement area;

Moveable planters;

Any landscape area with a soil depth of less than one (1) foot; or

Permeable surface area used for parking or access to parking, or otherwise incapable of being landscaped.

The parking area shall be provided with the equivalent of one (1) canopy tree per five (5) parking spaces subject to the following requirements:

Trees of the species listed in the District Department of Transportation Green Infrastructure Standards shall be planted with the following conditions:

For every tree planted from the list of small trees, a tree from the list of medium or large tress, or a substitute approved by the Urban Forestry Administration (UFA), shall be planted;

Species not on the list in Green Infrastructure Standards may be planted if determined by the UFA to be equivalent to species from the list; and

The Zoning Administrator may accept any written communication from the UFA as approval of a tree species;

Trees shall be planted in areas that are included in the landscaped areas required by Subtitle C §§ 715.4 and 715.5; and

New trees, or existing trees that are retained, shall count toward the tree requirement based on the following:

Preservation of existing trees and vegetation shall be given special consideration, contingent upon adequate tree preservation techniques being applied to ensure a high survival rate;

All newly planted trees shall have a minimum diameter of two and one-half inches (2.5 in.) in diameter;

All trees shall be planted or retained in a space that provides a minimum of five hundred (500) cubic feet of soil volume per tree;

Trees shall be planted a minimum of four feet (4 ft.) from any protective barrier, such as curbs or wheel stops with no horizontal dimension less than four feet (4 ft.) and a minimum depth of three feet (3 ft.); and

If tree planting areas are located adjacent to vehicle overhangs, trees shall be planted within one foot (1 ft.) of lines extending from the stripes between parking spaces.

Any lighting used to illuminate a parking area or its accessory buildings shall be arranged so that all direct light rays are confined to the surface of the parking area.

The Board of Zoning Adjustment may grant, as a special exception, a full or partial reduction in the landscape standards for parking lots required by this section if, in addition to meeting the general requirements of Subtitle X, the applicant demonstrates that complying with the landscape standards is impractical because of size of lot, or other conditions relating to the lot or surrounding area that would tend to make full compliance unduly restrictive, prohibitively costly, or unreasonable.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 715

11-C DCMR § 716 DRIVE-THROUGH QUEUING LANES

DRIVE-THROUGH QUEUING LANES

A driveway serving as a motor vehicle queuing lane shall conform to the standards in this section.

The queuing lane shall provide a minimum of five (5) queuing spaces before the first service location and one (1) queuing space after the last service location before entering public space.

No queuing space may be located within twenty feet (20 ft.) of any street lot line.

Each queuing space shall be a minimum of ten feet (10 ft.) in width by nineteen feet (19 ft.) in length and shall constitute an exclusive queuing lane.

The queuing lane shall not be the only entry or exit lane on the premises.

Any lighting used to illuminate the queuing lane shall be so arranged that all direct light rays are confined to the surface of the queuing lane.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 716

11-C DCMR § 717 EXCEPTIONS FROM PARKING SIZE, LAYOUT AND MAINTENANCE REQUIREMENTS FOR ATTENDANT PARKING

EXCEPTIONS FROM PARKING SIZE, LAYOUT AND MAINTENANCE REQUIREMENTS FOR ATTENDANT PARKING

In an MU or D zone, the Zoning Administrator may waive the parking space dimensional, size, design, and striping requirements stated in Subtitle C §§ 712.4 through 712.7, and 713 for parking located within a building if:

The parking area is a minimum of twenty-thousand square feet (20,000 sq. ft.);

A minimum of two hundred eighty-five square feet (285 sq. ft.) of parking area will be provided for each parking space;

Residential uses will occupy no more than twenty percent (20%) of the gross floor area of the building or structure;

Parking will be managed from 7:00 a.m. to 7:00 p.m. by employed attendants to park the vehicles within the parking area; and

No individual area measuring less than seven feet (7 ft.) by fourteen feet (14 ft.), exclusive of column obstructions, shall be used to park motor vehicles.

The request for a waiver under Subtitle C § 717.1 must be accompanied by:

A written parking plan submitted to the Zoning Administrator that demonstrates how parking shall be provided if attendant parking is discontinued; and

A certification by the building owner that the parking will be operated in conformance with Subtitle C § 717.3.

Parking granted a waiver pursuant to Subtitle C § 717.1 shall be operated in conformance with the following conditions:

A permanent sign shall be posted at each entrance in full view of the public that states: “Attendant assisted parking is required by the District of Columbia Zoning Regulations,” and that states the hours during which attendant parking is provided;

The sign shall have a white background, with black lettering that is at least two inches (2 in.) in height;

All parking areas and spaces provided under this subsection shall be designed and operated so that sufficient access and maneuvering space is available to permit the parking and removal of any vehicle without moving any other vehicle onto public space;

Where aisles are provided, they shall meet the design requirements stipulated in Subtitle C § 712; and

If attendant parking is discontinued, the parking spaces shall thereafter conform to the requirements in Subtitle C §§ 712.4 through 712.7, and 713 and the parking area shall be operated in conformance with the parking plan required by Subtitle C § 717.2(a). The purpose of the parking plan is to demonstrate that all unattended parking spaces will meet the size and layout requirements of these subsections, and that any minimum parking requirement will be met.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 717

11-C DCMR § 718 TEMPORARY SURFACE PARKING LOTS FOR BALLPARK

TEMPORARY SURFACE PARKING LOTS FOR BALLPARK

A temporary surface parking lot for the Ballpark shall be permitted on Squares 603, 605, 657, 658, 660, 661, 662, 662E, 664, 664E, 665, 700, 701, 707, 708, 708E, 708S, 744S, and 882; Square 658, Lot 7; Square 767, Lots 44-47; Square 768, Lots 19-22; and Square 769, Lots 18-21 (“the subject squares”), when permitted by the regulations of the relevant land use subtitle, and subject to the provisions of this section..

The cumulative total of all temporary surface parking spaces for which a valid building permit has been issued pursuant to this section shall not exceed three thousand seven hundred seventy-five (3,775) parking spaces, except as provided in Subtitle C § 718.7.

Any certificate of occupancy issued pursuant to this subsection shall expire no later than April 1, 2018, except that, with respect to Square 767, Lots 44-47; Square 768, Lots 19-22; and Square 882, Lot 77, any certificate of occupancy issued pursuant to this subsection shall expire no later than April 1, 2023.

The application for a building permit for matter-of-right construction shall include a detailed accounting demonstrating that the circumstances described in Subtitle C § 718.7 do not apply.

No certificates of occupancy for this use shall be issued until the District Department of Transportation has approved a traffic routing plan for the lot, which shall include the impact of other proposed lots if required by District Department of Transportation.

The traffic routing plan described in Subtitle C § 718.5 shall not direct traffic through I Street, S.W., P Street, S.W., or 4th Street, S.W.

If and when valid building permits issued pursuant to this section authorize an aggregate of three thousand seven hundred seventy-five (3,775) or more parking spaces, the construction and use of additional temporary spaces on any of the subject squares shall require special exception approval of the Board of Zoning Adjustment pursuant to Subtitle X, and in accordance with Subtitle §§ 718.8 through 718.10 and the following provisions:

The Board of Zoning Adjustment application shall include a detailed accounting of the number and locations of temporary parking spaces provided pursuant to Subtitle C §§ 718.2 through 718.5; and shall also include a traffic study assessing the impacts of the proposed additional parking spaces on local traffic patterns for referral to and comment by the District Department of Transportation.

Any parking lot authorized by this section shall be available for exclusive use of attendees at any baseball game or other public event held at the Ballpark for a period extending from one and a half (1.5) hours prior to the scheduled start of the event, to three (3) hours after the event. At all other times, the parking lot may be used for:

Parking on a general basis for Non-Commercial Motor Vehicles as that term is defined by 18 DCMR § 1312.3(c), except vehicles equipped to serve as temporary or permanent living quarters; or

A seasonal or occasional market for produce, arts or crafts with non-permanent structures.

No use, other than permitted in this section shall be conducted from or upon the premises, and no structure other than an attendant's shelter shall be erected or used upon the premises unless the use or structure is otherwise permitted in the zone in which the parking lot is located.

A temporary surface parking lot provided in accordance with this section shall comply with provisions of Subtitle C §§ 711 through 715 and the following standards:

A minimum of five percent (5%) of parking spaces shall be reserved for a registered and recognized, publicly accessible car/ride-share program with a significant District user base and a mandate that is not commuter-oriented; and

The car/ride share spaces shall be provided in premium, visible, bannered locations, and will be available, for a fee, exclusively for this use until the start of the event on that day.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 7666 (June 28, 2019). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 718

11-C8 BICYCLE PARKING

11-C DCMR § 800 INTRODUCTION

INTRODUCTION

Any building permit application for new construction or addition to an existing building shall be accompanied by a bicycle parking plan, which shall be depicted on detailed site plans and building plans and demonstrate full compliance with this chapter.

The Zoning Administrator may at his or her discretion, request that District Department of Transportation review and make a recommendation regarding any item on the bicycle parking plan prior to approving the building permit application.

No certificate of occupancy shall be issued unless the bicycle parking spaces have been constructed in accordance with the approved bicycle parking plan.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 800

11-C DCMR § 801 BICYCLE PARKING REQUIREMENTS

BICYCLE PARKING REQUIREMENTS

When bicycle parking spaces are required, signs shall be posted in a prominent place at each entrance to the building or structure stating where bicycle parking spaces are located.

A property owner shall provide and maintain all required bicycle parking spaces so long as the structure that the bicycle parking spaces are designed to serve exists. Maintenance of required bicycle parking spaces shall include keeping all racks and spaces clear of snow, ice, and any other obstructions.

Where required bicycle parking is provided as racks, the racks must meet the following standards:

The bicycle frame and one (1) wheel can be locked to the rack with a high security U-shaped shackle lock without removing a wheel from the bicycle;

A bicycle six feet (6 ft.) long can be securely held with its frame supported in at least two (2) places so that it cannot be pushed over or fall in a manner that would damage the wheels or components;

Racks shall be placed a minimum of thirty inches (30 in.) on center from one another; twenty-four inches (24 in.) from any other obstructions; with a forty-eight inch (48 in.) minimum aisle separating racks; and provide a minimum clearance width of twelve inches (12 in.) for each bicycle; and

The rack shall be securely anchored.

Each required bicycle parking space shall be accessible without moving another bicycle.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 801

11-C DCMR § 802 MINIMUM NUMBER OF BICYCLE PARKING SPACES

MINIMUM NUMBER OF BICYCLE PARKING SPACES

All residential uses with eight (8) or more dwelling units and non-residential uses with four thousand square feet (4,000 sq. ft.) or more of gross floor area shall provide bicycle parking spaces as follows:

TABLE C § 802.1: MINIMUM NUMBER OF BICYCLE PARKING SPACES

Use

Long-Term Spaces

Short-Term Spaces

Agriculture, large

None

2 spaces

Agriculture, residential

None

Animal sales, care and boarding

1 space for each 10,000 sq. ft.

Antennas

None

Arts, design and creation

1 space for each 10,000 sq. ft.

1 space for each 20,000 sq. ft.

Basic utilities

1 space for each 20,000 sq. ft.

None

Chancery

1 space for each 5,000 sq. ft.

1 space for each 40,000 sq. ft.

Community-based institutional facility

1 space for each 10,000 sq. ft.

Daytime care

1 space for each 10,000 sq. ft.

Eating and drinking establishment

1 for each 10,000 sq. ft.

1 space for each 3,500 sq. ft.

Education, college / university

1 space for each 7,500 sq. ft.

1 space for each 2,000 sq. ft.

Education, private school

1 space for each 7,500 sq. ft.

1 space for each 2,000 sq. ft.

Education, public

1 space for each 7,500 sq. ft.

1 space for each 2,000 sq. ft.

Emergency shelter

1 space for each 10,000 sq. ft.

Entertainment, assembly, and performing arts

1 space for each 10,000 sq. ft.

Firearm sales

1 space for each 10,000 sq. ft.

1 space for each 3,500 sq. ft.

Government, large-scale

1 for each 7,500 sq. ft.

1 space for each 40,000 sq. ft. but no less than 6 spaces

Government, local

1 for each 7,500 sq. ft.

1 space for each 40,000 sq. ft. but no less than 6 spaces

Medical care

1 space for each 10,000 sq. ft.

1 space for each 40,000 sq. ft.

Institutional, general

1 space for each 7,500 sq. ft.

1 space for each 2,500 sq. ft. but no less than 8 spaces

Institutional, religious

1 space for each 7,500 sq. ft.

1 space for each 2,500 sq. ft. but no less than 8 spaces

Lodging

1 space for each 10,000 sq. ft.

1 space for each 40,000 sq. ft.

Marine

None

1 space for each 3,500 sq. ft.

Medical care

1 space for each 10,000 sq. ft.

1 space for each 40,000 sq. ft.

Motor vehicle-related

1 space for each 20,000 sq. ft.

1 space for each 10,000 sq. ft.

Office

1 for each 2,500 sq. ft.

1 space for each 40,000 sq. ft.

Parking

None

Parks and recreation

None

1 space for each 10,000 sq. ft. but no less than 6 spaces

Production, distribution, & repair

1 space for each 20,000 sq. ft.

None

Residential, single dwelling unit

Residential, flat

None

Residential, multiple dwelling unit

1 space for each 3 dwelling units

1 space for each 20 dwelling units

Retail

1 for each 10,000 sq. ft.

1 space for each 3,500 sq. ft.

Service, general

1 for each 10,000 sq. ft.

1 space for each 3,500 sq. ft.

Service, financial

1 for each 10,000 sq. ft.

1 space for each 3,500 sq. ft.

Sexually-based business establishment

1 for each 10,000 sq. ft.

1 space for each 10,000 sq. ft.

Transportation infrastructure

None

Waste-related services

1 space for each 20,000 sq. ft.

None

After the first fifty (50) bicycle parking spaces are provided for a use, additional spaces are required at one-half (0.5) the ratio specified in Subtitle C § 802.1

Notwithstanding Subtitle C §§ 802.1 and 802.2, no property shall be required to provide more than one hundred (100) short-term bicycle parking spaces. All properties with a long-term bicycle parking requirement shall provide at least two (2) long-term spaces, and all properties with a short-term requirement shall provide at least two (2) short-term spaces. The bicycle parking standards of this chapter shall be met when a new building is constructed.

When a property changes use categories or adds a use category, the property shall add any bicycle parking spaces necessary to meet the requirements for the new use. However, historic resources shall not be required to provide additional bicycle parking spaces for a change in use when the gross floor area of the building is not expanded.

An addition to an existing building, or the expansion of a use within a building, triggers additional bicycle parking requirements only when the gross floor area of the building or use is expanded or enlarged by twenty-five percent (25%) or more beyond the gross floor area on the effective date of this title, or in the case of a new building, the gross floor area used to calculate the initial parking requirement. The additional minimum parking required shall be calculated based upon the entire gross floor area added.

Additions to historic resources shall be required to provide additional bicycle parking spaces only for the addition’s gross floor area and only when the addition results in at least a fifty percent (50%) increase in gross floor area beyond the gross floor area existing on the effective date of this title.

Special exception relief from additional bicycle parking requirements for historic resources is provided for in Subtitle C § 807.

If a use operates solely outside of a building, any expansion of that use shall conform to the applicable bicycle parking standards.

Uses governed by a campus plan are subject to the bicycle parking requirements approved by the Zoning Commission and are not subject to the bicycle parking requirements otherwise applicable.

When there is more than one (1) use on a lot, the number of bicycle parking spaces provided must equal the total required for all uses. If a single use falls into more than one (1) use category for which different bicycle parking minimums apply, the standard that requires the greater number of bicycle parking spaces shall apply.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 67 DCR 14506 (December 11, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 802

11-C DCMR § 803 RULES OF CALCULATION

RULES OF CALCULATION

All bicycle parking standards shall be calculated on the basis of gross floor area, except for residential uses, which base bicycle parking standards on the number of dwelling units.

For purposes of calculating bicycle parking standards:

Gross floor area does not include floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space, or space devoted exclusively to bicycle storage or support (lockers and showers) facilities; and

Gross floor area shall include penthouse habitable space, except that recreation space for residents or tenants of the building or other ancillary space associated with a rooftop deck shall not be included.

Calculations of bicycle parking spaces that result in a fractional number of one-half (0.5) or more shall be rounded up to the next consecutive whole number. Any fractional result of less than one-half (0.5) shall be rounded down to the previous consecutive whole number.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 803

11-C DCMR § 804 SHORT-TERM BICYCLE PARKING SPACE REQUIREMENTS

SHORT-TERM BICYCLE PARKING SPACE REQUIREMENTS

Required short-term bicycle parking spaces shall be located either on the same lot as the use they are intended to serve or on public space within twenty feet (20 ft.) of the lot. A use providing short-term bicycle parking on adjacent public space must obtain approval of a public space application under Title 24 DCMR.

Required short-term bicycle parking spaces shall be located within one-hundred and twenty feet (120 ft.) of a primary entrance to the building they serve.

Areas devoted to short-term bicycle parking on private property shall be surfaced and maintained with an all-weather surface conforming to the requirements of Subtitle C § 713.1.

Required short-term bicycle parking spaces shall be provided as bicycle racks that meet the standards of Subtitle C § 801.3.

An aisle at least four feet (4 ft.) wide between rows of bicycle parking spaces and the perimeter of the area devoted to bicycle parking shall be provided. Aisles shall be kept clear of obstructions at all times. Where the bicycle parking is on or adjacent to a sidewalk, the aisle may extend into the right-of-way.

Required short-term bicycle parking spaces shall be provided in a convenient, well-lit location that can be viewed from the building the spaces are intended to serve. Required short-term bicycle parking spaces shall be available for shoppers, customers, commuters, messengers, and all other visitors to the site.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 804

11-C DCMR § 805 LONG-TERM BICYCLE PARKING SPACE REQUIREMENTS

LONG-TERM BICYCLE PARKING SPACE REQUIREMENTS

All required long-term bicycle parking spaces shall be located within the building of the use requiring them.

Required long-term bicycle parking spaces shall be located no lower than the first cellar level or the first complete parking level below grade, and no higher than the first above-grade level. Spaces shall be available to employees, residents, and other building occupants.

Required long-term bicycle parking shall be provided as racks or lockers. Bicycle racks for required long-term parking shall be provided in a parking garage or a bicycle storage room.

Where required long-term bicycle parking is provided in a garage, it shall be clearly marked and be separated from adjacent motor vehicle parking spaces by wheel stops or other physical automobile barrier.

Where required long-term bicycle parking is provided in a bicycle room, the room shall have either solid walls or floor-to-ceiling fencing. The room shall have locked doors.

For any bicycle room with solid walls, the entirety of the interior of the bicycle room shall be visible from the entry door. A motion-activated security light enclosed in a tamper-proof housing shall be provided in each bicycle room.

Where required long-term bicycle parking is provided in lockers, the lockers shall be securely anchored and meet the following minimum dimensions:

Twenty-four inches (24 in.) in width at the door end;

Eight inches (8 in.) in width at the opposite end;

Seventy-two inches (72 in.) in length; and

Forty-eight inches (48 in.) in height.

Each required long-term bicycle parking space shall be directly accessible by means of an aisle of a minimum width of four feet (4 ft.) and have a minimum vertical clearance of seventy-five inches (75 in.). Aisles shall be kept clear of obstructions at all times.

A minimum of fifty percent (50%) of the required long-term bicycle parking spaces shall allow the bicycles to be placed horizontally on the floor or ground. Vertical bicycle racks shall support the bicycle without the bicycle being suspended.

Each required long-term bicycle parking space shall be a minimum width of twenty-four inches (24 in.), and shall be:

A minimum of seventy-two inches (72 in.) in length if the bicycles are to be placed horizontally; or

A minimum of forty inches (40 in.) in length if the bicycles are to be placed vertically.

805.11 Public schools may locate some or all required long-term bicycle parking spaces outside the school building generating the requirement subject to the following conditions:

(a) Required long-term bicycle parking spaces shall be located on the public school property on which the school building is located and shall be available to all occupants of the building;

(b) Required long-term bicycle spaces shall be located in one or more dedicated bicycle parking areas within one-hundred and twenty feet (120 ft.) of a primary entrance to the school building;

(c) Required long-term bicycle spaces shall be provided either as bicycle racks that meet the standards of Subtitle C §§ 801.3 and 801.4, or as bicycle lockers that meet the standards of Subtitle C § 805.7; and

(d) An aisle at least four feet (4 ft.) wide between rows of bicycle parking spaces and the perimeter of the area devoted to bicycle parking shall be provided. Aisles shall be kept clear of obstructions at all times.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 805

11-C DCMR § 806 REQUIREMENTS FOR SHOWERS AND CHANGING FACILITIES - NON RESIDENTIAL USES

REQUIREMENTS FOR SHOWERS AND CHANGING FACILITIES – NON RESIDENTIAL USES

The intent of this section is to ensure that long-term bicycle parking spaces are usable by the long-term occupants, especially employees, of non-residential uses.

The requirements of this section shall apply to:

Newly constructed buildings; and

Buildings that expand in gross floor area by more than twenty-five percent (25%).

Notwithstanding the requirements of Subtitle C §§ 806.4 through 806.6, public elementary schools shall provide a minimum of two (2) showers and two (2) clothing lockers for staff and shall not be required to provide shower and changing facilities for students.

A non-residential use that requires long-term bicycle parking spaces and that occupies more than twenty-five thousand square feet (25,000 sq. ft.) in gross floor area shall provide a minimum of two (2) showers. An additional two (2) showers shall be installed for every fifty thousand square feet (50,000 sq. ft.) of gross floor area above the first twenty-five thousand square feet (25,000 sq. ft.), up to a maximum requirement of six (6) showers.

A non-residential use that requires long-term bicycle parking spaces and that occupies more than twenty-five thousand square feet (25,000 sq. ft.) in gross floor area shall provide a minimum number of clothing lockers equal to six-tenths (0.6) times the minimum number of required long-term bicycle parking spaces. Each locker required by this subsection shall be a minimum of twelve inches (12 in.) wide, eighteen inches (18 in.) deep, and thirty-six inches (36 in.) high.

Showers and lockers required by this section shall be accessible to employees and other long-term occupants of the use requiring them. Showers and lockers shall be located within the same building as the use requiring them.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 806

11-C DCMR § 807 SPECIAL EXCEPTIONS FROM BICYCLE PARKING REQUIREMENTS

SPECIAL EXCEPTIONS FROM BICYCLE PARKING REQUIREMENTS

This section provides flexibility from the requirements of this chapter when providing the number of bicycle parking spaces or showers and changing facilities required would be:

(a) Impractical due to the shape or configuration of the site,

(b) Unnecessary due to a lack of demand for bicycle parking; or

The Board of Zoning Adjustment may grant full or partial relief from the minimum number or dimensions of long-term or short-term bicycle parking spaces required for a use or structure by this section, as a special exception under Subtitle X, Chapter 9¸ and subject to the limitations of Subtitle C § 807.3, and the applicant’s demonstration to the Board’s satisfaction of any of the following:

(a) Due to the physical constraints of the property, the required bicycle parking spaces cannot be provided in compliance with the requirements of this section on the lot or, in the case of short-term bicycle parking spaces, on abutting public space;

(b) The use or structure will generate demand for less bicycle parking than the minimum bicycle parking standards require, as a result of:

(1) The nature of the use or structure;

(2) Land use or topographical characteristics of the neighborhood that minimize the need for required bicycle parking spaces; or

(3) A transportation demand management plan approved by District Department of Transportation, the implementation of which shall be a condition of the Board of Zoning Adjustment’s approval, that will result in demand for less short-term bicycle parking than the minimum bicycle parking standards require; or

(c) The nature or location of the Historic Resource precludes the provision of bicycle parking spaces in compliance with the requirements of this section; or providing the required bicycle parking in compliance with the requirements of this section would result in significant architectural or structural difficulty in maintaining the integrity and appearance of the Historic Resource.

Relief granted under Subtitle C § 807.2 from the number and dimensional bicycle parking requirements of this section shall be:

(a) Proportionate to the reduction in bicycle parking demand demonstrated by the applicant; and

(b) Limited to the amount of relief from the requirements that the applicant demonstrates is necessary and cannot reasonably be provided on the site as proposed to be developed in the application.

The Board of Zoning Adjustment may grant full or partial relief from the requirements for showers and changing facilities in Subtitle C §§ 806.3, 806.4, and 806.5 pursuant to Subtitle X, Chapter 9, and subject to the applicant’s demonstration to the Board’s satisfaction that:

The intent of Subtitle C § 806 is met; and

Either:

The use will not generate the demand for the full number of showers and changing facilities required; or

The property owner has an arrangement to make use of showers and changing facilities off-site, and that the showers and changing facilities will be reasonably available to long-term occupants of the use requiring the facilities.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 69 DCR 001561 (February 25, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 807

11-C9 LOADING

11-C DCMR § 900 INTRODUCTION

INTRODUCTION

Any building permit application for new construction or addition to an existing building shall be accompanied by a detailed loading plan demonstrating full compliance with this chapter.

The Zoning Administrator may, at his or her discretion, request that the District Department of Transportation review and make a recommendation regarding any item on the loading plan prior to approving the building permit application.

No certificate of occupancy shall be issued unless the loading facilities have been constructed in accordance with the approved loading plans.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 900

11-C DCMR § 901 LOADING REQUIREMENTS

LOADING REQUIREMENTS

All buildings or structures shall be provided with loading berths and service/delivery spaces as follows, except for structures erected on Kingman and Heritage Islands for which the construction of service delivery loading spaces shall be prohibited:

TABLE C § 901.1: LOADING BERTHS AND SERVICE/DELIVERY SPACES

Use

Minimum Number of Loading Berths Required

Minimum Number of Service/Delivery Spaces Required

Agriculture

None

Animal sales, care and boarding

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Antennas

None

Arts, design and creation

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Basic utilities

20,000 to 50,000 sq. ft. gross floor area

More than 50,000 to 200,000 sq. ft. gross floor area

More than 200,000 sq. ft. gross floor area

Chancery

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Community-based institutional facility

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Daytime care

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Education

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Emergency shelter

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Entertainment, assembly, and performing arts

50,000 to 100,000 sq. ft. gross floor area

None

More than 100,000 to 500,000 sq. ft. gross floor area

None

More than 500,000 sq. ft. gross floor area

None

Firearm sales

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Food and alcohol services

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Government, large-scale

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Government, local

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Health care

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Institutional

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Lodging

10,000 to 50,000 sq. ft. gross floor area

None

More than 50,000 to 100,000 sq. ft. gross floor area

None

More than 100,000 to 500,000 sq. ft. gross floor area

None

More than 500,000 sq. ft. gross floor area

None

Marine

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Medical Care

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Motor vehicle-related

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Office

20,000 to 50,000 sq. ft. gross floor area

More than 50,000 to 200,000 sq. ft. gross floor area

More than 200,000 sq. ft. gross floor area

Parking

None

Parks and recreation

More than 30,000 sq. ft. gross floor area

None

Production, distribution, and repair

5,000 to 25,000 sq. ft. gross floor area

None

More than 25,000 sq. ft. gross floor area

None

For each 100,000 sq. ft. gross floor area more than 50,000 sq. ft.

None

Residential

More than 50 dwelling units

Retail

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Service

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Sexually-oriented business establishment

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Transportation infrastructure

None

Waste-related services

5,000 to 25,000 sq. ft. gross floor area

None

More than 25,000 sq. ft. gross floor area

None

For each 100,000 sq. ft. gross floor area more than 50,000 sq. ft.

None

The loading requirements shall be met when a new building or structure is constructed.

No loading berths are required for buildings or structures with a gross floor area less than the minimum specified in Subtitle C § 901.1.

Each loading berth shall be accompanied by one (1) adjacent loading platform.

When a property changes or adds a use category, the following shall apply:

Additional loading berths, loading platforms and service/delivery spaces shall be required only when the minimum number of loading spaces required for the new use category exceeds the number of spaces required for the prior use category that occupied the same floor area;

When determining the amount of additional required loading, it shall be assumed that the previous use provided the minimum number of spaces required; and

Historic resources shall not be required to provide additional loading for a change in use without expansion.

Unless the existing building has provided the maximum requirements under this chapter, an addition to an existing building, or the expansion of a use within a building triggers additional loading requirements only when the gross floor area of the building or use is expanded or enlarged by twenty-five percent (25%) or more beyond the gross floor area on the effective date of this title, or in the case of a new building, the gross floor area used to calculate the initial loading requirement. The additional minimum loading berths and service/delivery spaces required shall be calculated based upon the entire gross floor area added.

An addition to a historic resource shall be required to provide additional loading berths, loading platforms, and service/delivery spaces only for the addition’s gross floor area and only when the addition results in at least a fifty percent (50%) increase in gross floor area beyond the gross floor area existing on the effective date of this title.

Where two (2) or more uses share a building or structure, the uses may share loading as long as internal access is provided from all shared uses requiring loading.

For a building or structure having three (3) or more required loading berths in one (1) location, the loading berths may be stacked.

No other use shall be conducted from or upon the loading berth or service/delivery space or any portion thereof.

Each service/delivery space shall be clearly marked “For Service and Delivery Vehicles Only” and used exclusively for such vehicles.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 14506 (December 11, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 901

11-C DCMR § 902 RULES OF MEASUREMENT

RULES OF MEASUREMENT

When two (2) or more non-residential uses in the same use category share a building or structure, all of the uses in the same use category shall be added together to derive the total gross floor area, to determine the required number of berths and spaces for that use category.

When two (2) or more uses in different use categories share a building or structure, the building or structure is only required to provide enough berths and spaces to meet the requirement for the use category with the highest requirement, and not the combination of requirements for all use categories provided that all uses that require loading have access to the loading area.

At least one (1) loading berth shall be provided when the sum of the gross floor area of the separate uses exceeds the minimum gross floor area requiring loading berths for any one of the separate uses.

For purposes of calculating loading requirements for non-residential uses:

Gross floor area does not include floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space or space devoted exclusively to bicycle storage or support (lockers and showers) facilities; and

Gross floor area shall include penthouse habitable space except that recreation space for tenants of the building or other ancillary space associated with a rooftop deck shall not be included.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 902

11-C DCMR § 903 LOCATION RESTRICTIONS

LOCATION RESTRICTIONS

Except as provided in this section, all loading berths and service/delivery spaces shall be located as follows:

Within the building or structure the berths or spaces are designed to serve;

Within the rear yard of the building they are intended to serve; or

Within a court or side yard of the building they are intended to serve, provided that on a lot that is within or adjacent to an R, RF, RA, or NMU zone, the loading berths and service/delivery loading spaces shall be at least six feet (6 ft.) from any side lot line.

Loading facilities in PDR zones are not subject to the requirements of Subtitle C § 903.1. However, loading facilities:

Located in a side yard on a lot that is within or adjacent to an R, RF, RA, or NMU zone shall be at least six feet (6 ft.) from any side lot line; and

May be located within a required transitional setback only as a special exception.

All loading platforms shall be located contiguous and with unobstructed access to the loading berth and shall have unobstructed access to an entrance to the building or structure.

All uses that require loading berths shall be capable of accessing the loading facilities.

All loading berths shall be designed so that no vehicle or any part thereof shall project over any lot line, front setback line, or building restriction line.

Required loading berths may be provided in facilities designed to serve jointly two (2) or more adjoining buildings or structures on lots that share a party wall or lot line or are separated only by an alley within a single square; provided:

The number of berths in the joint facilities shall not be less than that required for the total combined requirement in Subtitle C § 901.1; and

A binding covenant running with the land for the benefit of the District of Columbia, found technically sufficient by the Zoning Administrator and legally sufficient by the Office of Zoning Legal Division, that ensures the joint use of the loading berths and entered into by all property owners concerned, shall be recorded in the land records of the District of Columbia for the affected properties. A certified true copy of the recorded covenant shall be filed with the Zoning Administrator. Joint use of the loading berths by all parties involved shall continue in effect so long as the binding agreement remains in force. If the agreement becomes legally ineffective or inoperable, the loading berths shall be provided as otherwise required by Subtitle C § 901.1.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 13131 (November 6, 2020); as amended by Final Rulemaking published at 69 DCR 000930 (February 4, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 903

11-C DCMR § 904 ACCESS REQUIREMENTS

ACCESS REQUIREMENTS

All loading berths and service/delivery spaces shall be accessible at all times from a driveway meeting the requirements of Subtitle C §§ 904.2 and 904.3.

A driveway or access aisle leading to a loading berth or service/delivery space shall have a minimum width of twelve feet (12 ft.), a maximum width of twenty-four (24) feet, and a maximum slope of twelve percent (12%).

No driveway providing access to a loading berth or service/delivery space shall be located in such a way that a vehicle entering or exiting from the loading berth blocks any street intersection.

A loading berth or service/delivery space shall be designed so that it is usable and accessible by the vehicles that it is intended to serve.

All loading berth or service/delivery space shall be located to be accessed from a public alley, where an open and improved alley of fifteen feet (15 ft.) width exists.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 904

11-C DCMR § 905 SIZE AND LAYOUT REQUIREMENTS

SIZE AND LAYOUT REQUIREMENTS

The intent of this section is to ensure that loading facilities are adequately sized and capable of performing their intended functions.

All loading berths shall be a minimum of twelve feet (12 ft.) wide, have a minimum depth of thirty feet (30 ft.) and have a minimum vertical clearance of fourteen feet (14 ft.).

All service/delivery spaces shall be a minimum of ten feet (10 ft.) wide, have a minimum depth of twenty feet (20 ft.), and have a minimum vertical clearance of ten feet (10 ft.).

All loading berths shall be accompanied by one (1) adjacent loading platform that meets the following requirements:

A loading berth that is less than fifty-five feet (55 ft.) deep shall have a platform that is at least one hundred square feet (100 sq. ft.) and at least eight feet (8 ft.) wide;

A loading berth that is fifty-five feet (55 ft.) deep or greater shall have a platform that is at least two hundred square feet (200 sq. ft.) and at least twelve feet (12 ft.) wide;

Loading platforms shall have a minimum vertical clearance of ten feet (10 ft.); and

A loading platform floor shall consist of one (1) horizontal level.

No loading platform need be provided for loading berths if the required loading berth is increased in depth for the full width thereof, such that the resulting enlarged loading berth is equal in area to the combined area of a required loading berth and a required loading platform.

The dimensions specified in this section for loading berths and service/delivery spaces are exclusive of access aisles, maneuvering space, and loading platforms.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 905

11-C DCMR § 906 MAINTENANCE REQUIREMENTS

MAINTENANCE REQUIREMENTS

All loading berths and service/delivery spaces including access aisles, driveways, and maneuvering areas shall be surfaced and maintained with an all-weather surface.

A loading berth or service/delivery space, including access aisles, driveways, and maneuvering areas, shall be maintained and used as a loading berth or service/delivery space for as long as the use exists that the loading berth or service/delivery space is designed to service.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 906

11-C DCMR § 907 TRASH ROOM AND RECEPTACLE REQUIREMENTS

TRASH ROOM AND RECEPTACLE REQUIREMENTS

Buildings requiring loading shall have a designated trash area either within the building or within a loading berth or within an accessory building or structure immediately adjacent to the loading area or within an enclosed receptacle in a designated trash area within the loading area. All new development over two thousand square feet (2,000 sq. ft.) of gross floor area other than buildings with only one (1) or two (2) dwelling units must clearly show the area for the building’s trash receptacles on the building plans.

Except for single dwelling units and flats, trash receptacles external to a building shall be screened and covered.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 907

11-C DCMR § 908 SCREENING AND LIGHTING REQUIREMENTS

SCREENING AND LIGHTING REQUIREMENTS

All loading berths or service/delivery spaces that are not enclosed within a building and are located in a zone other than a PDR zone or a PDR zone that abuts an R, RF, or RA zone, shall have screening around the entire perimeter, subject to the standards of Subtitle C §§ 908.3 and 908.4.

Screening is not required if the loading area is in a rear yard and separated from all contiguous property by at least twenty-five feet (25 ft.).

The screening required by Subtitle C § 908.1 shall be a solid masonry wall at least twelve inches (12 in.) thick and seventy-two inches (72 in.) high. The wall shall harmonize with the main structure in architectural character, material, and color.

Gaps in the screening are allowed only to provide driveways and pedestrian exits or entrances that open directly onto a street or alley. No individual gap may exceed twenty feet (20 ft.) in width.

Any lighting used to illuminate a loading berth, loading platform, or service/delivery space shall be arranged so that all direct light rays are confined to the surface of the berth, platform, or space.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 908

11-C DCMR § 909 SPECIAL EXCEPTIONS FROM LOADING REQUIREMENTS

SPECIAL EXCEPTIONS FROM LOADING REQUIREMENTS

This section provides flexibility from the loading requirements when providing the number or dimensions of loading spaces or the access and screening required by this section would be:

(a) Impractical due to the shape or configuration of the site constraints;

(b) Unnecessary due to a lack of demand for loading; or

The Board of Zoning Adjustment may grant full or partial relief from the number of loading berths or service/delivery spaces required by Subtitle C § 901.1, or from the size and layout requirements of Subtitle C § 905, as a special exception under Subtitle X, Chapter 9, and subject to the applicant’s demonstration to the Board’s satisfaction that:

(a) The use or structure will generate a lower loading demand than the minimum loading standards of Subtitle C §§ 901 and 905 require, as a result of:

(1) The nature of the use or structure; or

(2) A loading demand management plan filed in the case record in accordance with Subtitle Y § 300.14 and approved by District Department of Transportation, the implementation of which shall be a condition of the Board of Zoning Adjustment’s approval, that will result in a lower loading demand than the minimum loading standards of Subtitle C §§ 901 and 905 require; or

(b) The only means by which a motor vehicle could access the lot is from a public street, and provision of a curb cut or driveway on the street would violate any regulation in this chapter or in Chapters 6 or 11 of Title 24 DCMR; or

(c) The loading berths or service/delivery spaces are required for an addition to a Historic Resource, and providing the required loading facilities in compliance with the requirements of Subtitle C §§ 901 and 905 would result in significant architectural or structural difficulty in maintaining the integrity and appearance of the Historic Resource.

The Board of Zoning Adjustment may grant full or partial relief from the access requirements of Subtitle C §§ 904.2 and 904.3 as a special exception pursuant to Subtitle X, Chapter 9, and subject to the applicant’s demonstration to the Board’s satisfaction that:

The lot has unusual topography, grades, shape, size, or dimensions; or

Alternate access arrangements would improve site design, landscaping, or traffic patterns or provide safer ingress or egress.

The Board of Zoning Adjustment may grant full or partial relief from the screening requirements of Subtitle C § 908 as a special exception pursuant to Subtitle X, Chapter 9, and subject to the applicant’s demonstration to the Board’s satisfaction that:

Existing protective and screening walls on the lot or on adjacent property are adequate to prevent adverse impacts on adjacent property; or

Provision of protective screening walls would result in the removal of healthy trees or other landscaping, or architectural features determined by the Board of Zoning Adjustment to be worthy of protection or to provide equal screening benefits.

When granting a special exception under this section, the Board of Zoning Adjustment may impose conditions as to screening, lighting, coping, setbacks, fences, location of entrances and exits, widening of abutting alleys, loading management or transportation demand management practices, or any other requirement it deems necessary to protect adjacent or nearby property and promote the public health, safety, and welfare.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 69 DCR 001561 (February 25, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 909

11-C10 INCLUSIONARY ZONING

11-C DCMR § 1000 INTRODUCTION

INTRODUCTION

The purposes of the Inclusionary Zoning (IZ) Program are:

To further the Housing Element of the Comprehensive Plan by increasing the amount and expanding the geographic distribution of adequate, affordable housing available to current and future residents;

To utilize the skills and abilities of private developers to produce quality affordable housing;

To leverage private development, combined where appropriate with zoning density increases, to produce affordable housing throughout the District of Columbia;

To mitigate the impact of market-rate residential development on the availability and cost of housing available and affordable to low- and moderate-income households;

To increase the production of affordable housing units throughout the District to meet existing and anticipated housing and employment needs;

To provide for a full range of housing choices throughout the District for households of all incomes, sizes, and age ranges to preserve diversity and to ensure the benefits of economic integration for the residents of the District;

To stabilize the overall burden of housing costs on low- and moderate-income households;

To create a stock of housing that will be affordable to low- and moderate-income residents over a long term; and

To make homeownership opportunities available to low- and moderate-income residents.

1000.2 It is the intent of the Zoning Commission to promulgate only such regulations as are necessary to establish the minimum obligations of property owners applying for building permits or certificates of occupancy under the IZ Program. All other aspects of the IZ Program, including the setting of maximum purchase prices and rents, the minimum size of the units, the selection and obligations of eligible households, administrative flexibility to ensure occupancy, and the establishment of enforcement mechanisms such as covenants and certifications, shall be governed by the IZ Act.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 15404 (December 16, 2016); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1000

11-C DCMR § 1001 APPLICABILITY

APPLICABILITY

1001.1 Achievable bonus density is the amount of the permitted bonus density that is utilized within a particular Inclusionary Development provided in Subtitle C § 1002.

1001.2 Except as provided in Subtitle C § 1001.5, the requirements of this chapter shall apply to, and the modifications to certain development standards and bonus density of this chapter shall be available to, developments in zones in which this chapter is identified as applicable as specified in the individual subtitles of this title; provided the development falls into one of the following categories:

(a) A “Mandatory Inclusionary Development” – a development that:

(1) Proposes to create ten (10) or more new dwelling units, including dwelling units located in a cellar or penthouse, by:

(i) Adding new gross floor area beyond that existing at the time of the building permit application;

(ii) Changing the use of existing gross floor area to the “Residential” use category of Subtitle B § 200.2; or

(iii) A combination of (i) and (ii);

(2) Consists of a residential building that has penthouse habitable space pursuant to Subtitle C § 1500.11; or

(3) An “IZ Plus Inclusionary Development” – a development located on property that was the subject of a map amendment that increased the allowable FAR pursuant to Subtitle X § 502 and as indicated with an “IZ+” on the Zoning Map and that meets one of the categories of subparagraphs (1) through (2) of this paragraph 1001.2(a); or

(b) A “Voluntary Inclusionary Development” – any single household dwelling, flat, or multiple dwelling development not described in Subtitle C § 1001.2(a) if the owner voluntarily agrees to comply with the requirements of Subtitle C, Chapter 10, provided:

(1) The square footage set aside achieves a minimum of one (1) Inclusionary Unit; and

(2) Modifications to development standards shall only be allowed as specified in the development standards of the individual zones pursuant to Subtitle C § 1002.

(3) Any use of the modifications of development standards and bonus density authorized by Subtitle C § 1002 and in the development standards of the RA-1 zones shall require special exception approval pursuant to Subtitle X, Chapter 9 .

1001.3 The number of dwelling units and the gross floor area used pursuant to Subtitle C § 1001.2(a) to establish the applicability of the IZ requirements, and associated IZ modifications, shall be based on:

(a) The new dwelling units and the gross floor area constructed or converted to the “Residential” use category of Subtitle B § 200.2 concurrently or in phases, on a single lot, on contiguous lots, or on lots divided by an alley, that were under common ownership, control, or affiliation within one (1) year prior to the application for the first building permit; and

(b) All building permits issued for the development within a three (3)-year period, starting from the issuance of the first building permit for the development.

1001.4 For existing buildings that become subject to the requirements of this chapter pursuant to Subtitle C § 1001.2, the requirements of Subtitle C §§ 1003.1 through 1003.4 and the available modifications to applicable development standards shall apply as follows:

(a) For any development described by Subtitle C §§ 1001.2(a), to both the existing and new gross floor area if the development:

(1) Utilizes the bonus density provided by Subtitle C § 1002; or

(2) Results in an increase of fifty percent (50%) or more in the building’s existing gross floor area;

(b) For developments described by Subtitle C §§ 1001.2(a)(1)(A) or (a)(3), to only the new gross floor area if the development:

(1) Does not utilize the bonus density provided by Subtitle C § 1002; and

(2) Does not result in an increase of fifty percent (50%) or more in the building’s existing gross floor area;

(c) For developments described by Subtitle C § 1001.2(a)(1)(B), to only the existing gross floor area for which the use is changed to the “Residential” use category of Subtitle B § 200.2 if the development:

(1) Does not utilize the bonus density provided by Subtitle C § 1002; and

(2) Does not result in an increase of fifty percent (50%) or more in the building’s existing gross floor area; and

(d) For developments described by Subtitle C §§ 1001.2(a)(1)(C), to the portion of the existing gross floor area for which the use is changed to the “Residential” use category of Subtitle B § 200.2 as well as to the new gross floor area if the development:

(1) Does not utilize the bonus density provided by Subtitle C § 1002; and

(2) Does not result in an increase of fifty percent (50%) or more in the building’s existing gross floor area.

1001.5 None of the requirements of this chapter except for Subtitle C § 1507 shall apply to hotels, motels, inns, boarding houses, and single room occupancy projects within a single building.

1001.6 The requirements of this chapter shall not apply to:

(a) Any development subject to a mandatory affordable housing requirement to provide affordable dwelling units that exceed the requirements of this chapter as a result of District law or financial subsidies funded in whole or in part by the Federal or District Government and administered and/or monitored by the Department of Housing and Community Development (DHCD), the District of Columbia Housing Finance Agency (DCHFA), or the District of Columbia Housing Authority (DCHA); provided:

(1) Prior to the issuance of a building permit, the development shall designate certain affordable dwelling units as Temporarily Exempt Inclusionary Units equal to at least the gross square footage that would have been otherwise required pursuant to the set-aside requirements in Subtitle C § 1003 for the zone in which the development is located and the following conditions:

(A) Temporarily Exempt Inclusionary Units shall be identified on the plans submitted for a building permit;

(B) Temporarily Exempt Inclusionary Units shall be reserved as follows:

The square footage set aside for rental units shall be at or below sixty percent (60%) MFI; and

The square footage set aside for ownership units shall be at or below eighty percent (80%) MFI; and

(2) Upon the expiration of the affordable housing requirements of the District law or financial subsidies administered by DHCD, DCHFA, or DCHA, the Temporarily Exempt Inclusionary Units identified in Subtitle C § 1001.6(a)(1) shall be sold or rented in accordance with the Inclusionary Zoning Program (as defined by the IZ Act);

(3) The requirements set forth in Subtitle C §§ 1001.6(a)(1) and (2), shall be stated as declarations within a covenant running with the land for the benefit of the District of Columbia, found technically sufficient by DHCD;

(4) The approved covenant shall be recorded in the land records of the District of Columbia prior to the date that the first application for a certificate of occupancy is filed for the project; except that for developments that include buildings with only one (1) dwelling unit, the covenant shall be recorded before the first purchase agreement or lease is executed; and

(5) No exemption may be granted unless the Zoning Administrator receives a written certification from the Director of DHCD that the development meets the requirements of Subtitle C §§ 1001.6(a)(1), (2), and (3).

(b) Assisted living facilities, community residence facilities, youth residential care homes, substance abusers’ homes, or community based institutional facilities;

(c) Housing developed by or on behalf of a local college or university exclusively for its students, faculty, or staff; and

(d) Housing that is owned or leased by foreign missions exclusively for diplomatic or official staff.

(f) Any development, other than an IZ Plus Inclusionary Development, that is located in the portion of the R-3 zone within the Anacostia Historic District, in the portion of the MU-13 zone within the Georgetown Historic District, or in the RA-5, RA-10, MU-27, NC-6, or CG-1 zones if:

(1) Prior to January 1, 2025, the Department of Consumer and Regulatory Affairs has accepted as complete an application for a building permit, not including a foundation-to-grade permit, to construct the development; and

(2) The plans filed with this building permit application are consistent with an unexpired approval for:

(A) A concept design or project that either the Historic Preservation Review Board or Commission of Fine Arts voted to approve prior to January 1, 2022; or

(B) A Mayor’s Agent decision for which a final order was issued prior to January 1, 2022.

1001.7 [DELETED]

1001.8 If a development exempted from this chapter under Subtitle C §§ 1001.5 and 1001.6(b)-(d) is converted to a residential use not listed in Subtitle C §§ 1001.5 and 1001.6, the conversion shall be subject to the requirements of this chapter if the first building permit application for the conversion is filed within five (5) years of the issuance of the first building permit for the exempted development, unless the conversion is otherwise exempted.

1001.9 IZ units or square footage required by an order of the Zoning Commission or the Board of Zoning Adjustment that exceeds IZ requirements shall comply with the requirements of this chapter, unless otherwise specified in the order.

1001.10 The requirements of this chapter shall automatically terminate if title to the mortgage property is transferred following foreclosure by, or deed-in-lieu of foreclosure to, a mortgagee in the first position, or a mortgage in the first portion is assigned to the Secretary of the U.S. Department of Housing and Urban Development (HUD).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 63 DCR 15404 (December 16, 2016); as amended by Final Rulemaking published at 63 DCR 15420 (December 16, 2016); as amended by Final Rulemaking published at 64 DCR 7264 (July 28, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 67 DCR 13131 (November 6, 2020); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 68 DCR 014187 (December 31, 2021); as amended by Final Rulemaking published at 69 DCR 000930 (February 4, 2022); as amended by Final Rulemaking published at 71 DCR 009667 (August 2, 2024); as amended by Final Rulemaking published at 72 DCR 001513 (February 14, 2025); as amended by Final Rulemaking published at 73 DCR 009981 (July 10, 2026); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1001

11-C DCMR § 1002 MODIFICATIONS OF DEVELOPMENT STANDARDS AND BONUSES TO INCENTIVIZE INCLUSIONARY ZONING

1002.1 Developments subject to the Inclusionary Zoning (IZ) provisions of this chapter are eligible for the modifications of development standards and bonus density established in this section.

1002.2 An Inclusionary Development is eligible for modifications to certain development standards as indicated in the specific development standards of each zone.

1002.3 Inclusionary Developments, except those located in the BF, HE, NHR, NYE, R, RF, SEFC, StE, and WR zones, may construct up to twenty percent (20%) more gross floor area than permitted as a matter of right (“bonus density”) as reflect in the zone-specific development standards and subject to all other zoning requirements (as may be modified by the zone) and the limitations established by the Height Act.

1002.4 An Inclusionary Development that has met its IZ set-aside requirements and used all the bonus density permitted by IZ may be eligible for other bonus density permitted by other chapters of this title, provided the Inclusionary Development’s total density does not exceed the FAR-maximum associated with the zone permitting that additional bonus density.

1002.5 A development exempted by Subtitle C § 1001.6(a) may, nevertheless, utilize bonus density and zoning modifications provided for in this section.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 63 DCR 15404 (December 16, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021); as amended by Final Rulemaking published at 72 DCR 006195 (May 23, 2025); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1002

11-C DCMR § 1003 SET-ASIDE REQUIREMENTS

1003.1 Except as provided in Subtitle C § 1003.11, an Inclusionary Development other than an IZ Plus Inclusionary Development that does not employ Type I construction as classified in Chapter 6 of the District of Columbia Building Code (Title 12-A DCMR) to construct a majority of dwelling units and which is located in a zone with a by-right height limit, exclusive of any bonus height, of eighty-five feet (85 ft.) or less, shall set aside for Inclusionary Units the sum of the following:

(a) The greater of ten percent (10%) of the residential gross floor area as defined in Subtitle C § 1003.5(a), excluding penthouse habitable space, or seventy-five percent (75%) of the bonus density utilized; and

(b) An area equal to ten percent (10%) of the penthouse habitable space as described in Subtitle C § 1500.11.

This set-aside requirement shall be converted to net square footage pursuant to Subtitle C § 1003.6.

1003.2 Except as provided in Subtitle C § 1003.11 and Subtitle K § 1302.3, an Inclusionary Development other than an IZ Plus Inclusionary Development that employs Type I construction as classified in Chapter 6 of the District of Columbia Building Code (Title 12-A DCMR) to construct a majority of dwelling units, or which is located in a zone with a by-right height limit, exclusive of any bonus height, that is greater than eighty-five feet (85 ft.), shall set aside for Inclusionary Units the sum of the following:

(a) The greater of eight percent (8%) of the residential gross floor area as defined in Subtitle C § 1003.5(a), excluding penthouse habitable space, or fifty percent (50%) of the bonus density utilized; and

(b) An area equal to eight percent (8%) of the penthouse habitable space as described in Subtitle C § 1500.11.

This set-aside requirement shall be converted to net square footage pursuant to Subtitle C § 1003.6.

1003.3 An IZ Plus Inclusionary Development that does not employ Type I construction as classified in Chapter 6 of the District of Columbia Building Code (Title 12-A DCMR) to construct a majority of dwelling units shall set aside for Inclusionary Units the sum of (a) and (b):

The greater of the percent of the residential gross floor area, as defined in Subtitle C § 1003.5(a), excluding penthouse habitable space, set forth in the following table or ninety-five percent (95%) of the utilized bonus density based on the new zone:

TABLE C § 1003.3 SET-ASIDE FOR INCLUSIONARY UNITS

Type of Map Amendment

Required Set-Aside

From a PDR zone or unzoned land

to an ARTS, CG, D, MU, NMU, R, RA, or RF zone

20%

From any zone other than a PDR zone

to a D zone without a prescribed residential FAR

20%

All Other Map Amendments –

Percent Increase in

Total FAR Utilized

as defined in

Subtitle C § 1003.5(b)

Up to and including 20%

12.5%

More than 20%

up to and including 40%

14%

More than 40%

up to and including 60%

16%

More than 60%

up to and including 80%

18%

More than 80%

20%

(b) An area equal to ten percent (10%) of the penthouse habitable space as described in Subtitle C § 1500.11.

This set-aside requirement shall be converted to net square footage pursuant to Subtitle C § 1003.6.

1003.4 An IZ Plus Inclusionary Development that employs Type I construction as classified in Chapter 6 of the District of Columbia Building Code (Title 12-A DCMR) to construct a majority of dwelling units shall set aside for Inclusionary Units the sum of (a) and (b):

The greater of the percent of the residential gross floor area, as defined in Subtitle C § 1003.5(a), excluding penthouse habitable space, set forth in the following table or seventy percent (70%) of the utilized bonus density based on the new zone:

TABLE C § 1003.4 SET-ASIDE FOR INCLUSIONARY UNITS

Type of Map Amendment

Required Set-Aside

From a PDR zone or unzoned land to an ARTS, CG, D, MU, NMU, R, RA, or RF zone

20%

From any zone other than a PDR zone to a D zone without a prescribed residential FAR

20%

All Other Map Amendments –

Percent Increase in

Total FAR Utilized

as defined in

Subtitle C § 1003.5(b)

Up to and including 20%

8.5%

More than 20%

up to and including 50%

10%

More than 50%

up to and including 75%

12%

More than 75%

up to and including 100%

14%

More than 100%

up to and including 125%

16%

More than 125%

18%

(b) An area equal to eight percent (8%) of the penthouse habitable space as described in Subtitle C § 1500.11.

This set-aside requirement shall be converted to net square footage pursuant to Subtitle C § 1003.6.

1003.5 For the purposes of this section:

(a) “Residential gross floor area” shall be the entire residential floor area including, but not limited to:

(1) Dwelling units located in cellar space;

(2) Enclosed building projections that extend into public space; and

(3) Increases in FAR authorized by variances granted by the Board of Zoning Adjustment; and

(b) “Percent Increase in Total FAR Utilized” shall be the percent increase from (1) to (2):

(1) The maximum permitted FAR of the existing zone from which the Zoning Commission approved a map amendment subject to Subtitle X § 502.1(b), as stated in the Zoning Commission order approving the map amendment pursuant to Subtitle X § 502.4; and

(2) The total FAR of the IZ Plus Inclusionary Development.

1003.6 The square footage required to be set-aside for Inclusionary Units pursuant to Subtitle C §§ 1003.1 through 1003.4 shall be converted to net square footage based on the ratio of net residential floor area to gross residential floor area. For purposes of this chapter, “net residential floor area” means:

(a) For flats and multiple dwellings, the area of a unit that is bounded by the inside finished surface of the perimeter wall of each unit including all interior walls and columns; and

(b) For all other types of dwelling units and penthouse habitable space, the gross floor area.

1003.7 Except as provided in Subtitle C §§ 1003.8 through 1003.10, Inclusionary Zoning resulting from the set-asides required by Subtitle C §§ 1003.1 through 1003.4 shall be reserved for households earning equal to or less than:

(a) Sixty percent (60%) of the MFI for rental units; and

(b) Eighty percent (80%) of the MFI for ownership units.

1003.8 One hundred percent (100%) of inclusionary units resulting from the set-aside required for penthouse habitable space shall be set aside for eligible households earning equal to or less than fifty percent (50%) of the MFI.

1003.9 Except for Inclusionary Units resulting from the set-aside for penthouse habitable space, the square footage set aside established by Subtitle C §§ 1003.1 through 1003.4 applicable to an Inclusionary Development may be reduced by twenty percent (20%) if it complies with one or more of the following:

(a) All Inclusionary Units are ownership units and are set aside to households earning equal to or less than sixty percent (60%) of the MFI;

(b) One hundred percent (100%) of Inclusionary Units in an IZ Plus Inclusionary Development are reserved for households earning equal to or less than fifty percent (50%) of the MFI; or

(c) At least fifty percent (50%) of Inclusionary Units in an IZ Plus Inclusionary Development are three (3) bedroom or larger units; provided that the Zoning Administrator determines, pursuant to paragraph (d) of this subsection, that the request for this reduction demonstrates that the IZ Plus Inclusionary Development satisfies the following criteria:

(1) A market study demonstrates that demand exists for Inclusionary Units with three (3) or more bedrooms in the neighborhood within a half-mile radius of the IZ Plus Inclusionary Development;

(2) A floor plan demonstrates that three (3) bedroom or larger units represent a minimum of twenty percent (20%) of all units in the IZ Plus Inclusionary Development; and

(3) Access to active outdoor space suitable for children is located in the IZ Plus Inclusionary Development or in a park or publicly accessible area located within one thousand feet (1,000 feet ft.); and

(d) The Zoning Administrator shall base the determination required by paragraph (c) of this subsection on the written recommendations of the Office of Planning, which shall include consultation with the Department of Housing and Community Development and shall be submitted to the Zoning Administrator within forty-five (45) days of the filing of the request with the Zoning Administrator and Office of Planning.

1003.10 An Inclusionary Development that results from a conversion of a single dwelling unit or flat to a multiple dwelling unit development in an RF zone for four (4) or more dwelling units approved by the Board of Zoning Adjustment shall set aside every even numbered dwelling unit beginning at the fourth (4th) unit as an inclusionary unit reserved for eligible households earning equal to or less than eighty percent (80%) of the MFI.

1003.11 An Inclusionary Development other than an IZ Plus Inclusionary Development shall be subject to the set-aside requirements of Subtitle C §§ 1003.12 and 1003.13 (instead of those of Subtitle C §§ 1003.1 and 1003.2) if:

(a) Prior to January 1, 2025, the Department of Consumer and Regulatory Affairs has accepted as complete an application for a building permit, not including a foundation-to-grade permit, to construct the Inclusionary Development; and

(b) The plans filed with this building permit application are consistent with an unexpired approval for:

(1) A concept design or project that either the Historic Preservation Review Board or Commission of Fine Arts voted to approve prior to January 1, 2022; or

(2) A Mayor’s Agent decision for which a final order was issued prior to January 1, 2022.

1003.12 An Inclusionary Development subject to Subtitle C § 1003.11 that does not employ Type I construction as classified in Chapter 6 of the District of Columbia Building Code (Title 12-A DCMR) to construct a majority of dwelling units and which is located in a zone with a by-right height limit, exclusive of any bonus height, of fifty feet (50 ft.) or less shall set aside for Inclusionary Units the sum of the following:

(b) An area equal to ten percent (10%) of the penthouse habitable space as described in Subtitle C § 1500.11.

This set-aside requirement shall be converted to net square footage pursuant to Subtitle C § 1003.6.

1003.13 An Inclusionary Development subject to Subtitle C § 1003.11 that employs Type I construction as classified in Chapter 6 of the District of Columbia Building Code (Title 12-A DCMR) to construct a majority of dwelling units, or which is located in a zone with a by-right height limit, exclusive of any bonus height, that is greater than fifty feet (50 ft.), shall set aside for Inclusionary Units the sum of the following:

(b) An area equal to eight percent (8%) of the penthouse habitable space as described in Subtitle C § 1500.11.

This set-aside requirement shall be converted to net square footage pursuant to Subtitle C § 1003.6.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 9110 (July 1, 2016); as amended by Final Rulemaking published at 63 DCR 15404 (December 16, 2016); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Errata Notice published at 69 DCR 014955 (December 9, 2022); as amended by Errata Notice published at 69 DCR 014958 (December 9, 2022); as amended by Final Rulemaking published at 70 DCR 001922 (February 10, 2023); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 72 DCR 006195 (May 23, 2025). EDITOR’S NOTE: Subsections 1003.1 and 1003.2 of Section 11-C1003 were amended in both Z.C. Case Nos. 14-13E and 21-02. The Zoning Commission decided on Z.C. Case No. 21-02 (published at 68 DCR 013904 (December 24, 2021)) after Z.C. Case No. 14-13E (published at 68 DCR 013834 (December 24, 2021)). Therefore, the language of Z.C. Case No. 21-02 is the final language. District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1003

11-C DCMR § 1004 PURCHASE AND TENANCY REGULATIONS

PURCHASE AND TENANCY REGULATIONS

Except as provided for in Subtitle C § 1004.2, all inclusionary units created pursuant to this chapter shall be leased or sold only to eligible households for so long as the inclusionary residential development exists.

An owner/occupant of an inclusionary unit may not sell the unit at a price greater than that established by the Mayor pursuant to D.C. Official Code § 6-1041.03 of the IZ Act unless the price is offered by the Mayor or a Housing Trust authorized by the Mayor:

No eligible household shall be offered an inclusionary unit for rental or sale at an amount greater than that established by the Mayor pursuant to D.C. Official Code § 6-1041.03 of the IZ Act;

The Mayor or DCHA shall have the right to purchase the greater of one (1) IZ unit or twenty-five percent (25%) of inclusionary units in a for-sale inclusionary development, or any number agreed to by the owner of the development, in accordance with procedures set forth in the IZ Act.

Notwithstanding Subtitle C § 1004.2, nothing shall prohibit the Mayor or DCHA from acquiring title to inclusionary units in a for-sale inclusionary development if any of the following circumstances exist:

There is a risk that title to the units will be transferred by foreclosure or deed-in-lieu of foreclosure, or that the units’ mortgages will be assigned to the Secretary of the U.S. Department of Housing and Urban Development (HUD); or

Title to the units has been transferred by the foreclosure or deed-in-lieu of foreclosure, or the units’ mortgages have been assigned to HUD.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 15404 (December 16, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1004

11-C DCMR § 1005 DEVELOPMENT STANDARDS REGARDING INCLUSIONARY UNITS

DEVELOPMENT STANDARDS REGARDING INCLUSIONARY UNITS

1005.1 Where the set-aside requirement of Subtitle C § 1003 (excluding any set-aside requirement satisfied by providing a contribution to a housing trust fund pursuant to Subtitle C § 1006.10) is eight hundred fifty (850) square feet or more, the first Inclusionary Unit shall be a unit with at least two (2) bedrooms, and subsequent Inclusionary Units shall be allocated such that:

The percentage of all Inclusionary Units that are studios shall not exceed the percentage of all market-rate units that are studios; and

The percentage of all Inclusionary Units that have only one (1) bedroom shall not exceed the percentage of all market-rate units that have only one (1) bedroom.

1005.2 All Inclusionary Units shall be comparable in exterior design, materials, and finishes to market-rate units.

1005.3 The interior amenities of Inclusionary Units, such as finishes and appliances, shall be comparable to the market-rate units but may consist of less expensive materials and equipment, provided the interior amenities are durable, of good quality, and consistent with contemporary standards for new housing.

1005.4 All Inclusionary Units in an Inclusionary Development shall be constructed prior to or concurrently with the construction of market-rate units, except that in a phased development, the Inclusionary Units shall be constructed at a pace that is proportional to the construction of the market-rate units.

1005.5 Inclusionary Units shall not be overly concentrated by tenure, dwelling type, including single dwelling units, flats, or multiple dwellings, or on any floor of a project.

1005.6 In an Inclusionary Development subject to Subtitle C § 1001.4, Inclusionary Units may be located solely in the new gross floor area provided all the existing units were occupied at the date of application for the building permit for the new gross floor area and all other requirements of this chapter are met.

1005.7 Inclusionary Units in apartment houses shall not be located in cellar space.

1005.8 For Inclusionary Developments, a bedroom shall mean a habitable room with immediate access to an exterior window and a closet that is designated as a “bedroom” or “sleeping room” on construction plans submitted in an application for a building permit.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 15404 (December 16, 2016); as amended by Final Rulemaking published at 64 DCR 5436 (June 9, 2017); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1005

11-C DCMR § 1006 OFF-SITE COMPLIANCE WITH INCLUSIONARY ZONING

The Board of Zoning Adjustment is authorized to permit some or all of the set-aside requirements of Subtitle C § 1003 to be met by off-site construction upon proof, based upon a specific economic analysis, that compliance on-site would impose an economic hardship.

Among the factors that may be considered by the Board of Zoning Adjustment in determining the existence of economic hardship are:

Exceptionally high fees in condominium developments that cannot be reduced to levels affordable to eligible households;

The inclusion of expensive and specialized social or health services in a retirement housing development or a development that principally provides housing for the disabled, if such services are not severable from the provision of housing and render units in the development unaffordable to eligible households; or

Proof that continuation of the existing rental inclusionary development is no longer economically feasible, when the owner wishes to change the property’s use to a non-residential use or to a use meeting the exemption requirements of Subtitle C §§ 1001.5 and 1001.6(b)-(c).

An applicant who has demonstrated the existence of economic hardship shall further demonstrate that the off-site development:

Is located within the same census tract as the inclusionary residential development;

Consists of new construction for which no certificate of occupancy has been issued;

Is at a location suitable for residential development;

Has complied with or will comply with all on-site requirements of this chapter as are applicable to it;

Has not received any development subsidies from Federal or District Government programs established to provide affordable housing;

Will provide inclusionary units with gross floor areas for each unit type of not less than ninety-five percent (95%) of the gross floor area of the off-site market-rate unit types, and of a number no fewer than the number of units that would otherwise have been required on-site; and

Will not have more than thirty percent (30%) of its gross floor area occupied by inclusionary units.

The requirement of Subtitle C § 1006.3(a) may be waived upon a showing that the off-site development is owned by the applicant, is located in the District of Columbia, and meets all the other requirements of Subtitle C § 1006.3.

Inclusionary units permitted to be constructed pursuant to this section shall not be counted toward any set-aside requirement separately applicable to the off-site development or to any other inclusionary residential development.

No order granting off-site compliance shall become effective until a covenant running with the land, found technically sufficient by the Zoning Administrator and legally sufficient by the Office of Zoning Legal Division, has been recorded in the land records of the District of Columbia by the owner of the off-site development for the benefit of the District of Columbia. A draft covenant, executed by the owner of the off-site property, shall be attached to an application for relief under this section.

The covenant shall bind the owner and all future owners of the off-site development to:

Construct and reserve the number of inclusionary units allowed to be accounted for off-site, in accordance with the plans approved by the Board of Zoning Adjustment and the conditions of the Board's order;

Sell or rent, as applicable, such units in accordance with the provisions of this chapter and the IZ Act for so long as the off-site development remains in existence;

Neither apply for nor accept any development subsidies from Federal or District Government programs established to provide affordable housing;

Acknowledge that the owners are legally responsible for the set-aside requirement accepted as if the requirement had been imposed directly on the off-site development; and

Not request special exception or variance relief with respect to the obligations accepted or its own obligations under this chapter.

Upon the recordation of the covenant, the set-aside requirements permitted to be accounted off-site shall be deemed to be the legal obligation of the current and future owners of the off-site development. All dwelling units as are required to be reserved in the off-site development in accordance with the Board of Zoning Adjustment’s order shall be deemed inclusionary units for the purposes of this chapter and the IZ Act.

No application for a certificate of occupancy for a market-rate unit on the inclusionary development shall be granted unless construction of the off-site inclusionary units is progressing at a rate roughly proportional to the construction of the on-site market-rate units.

1006.10 Wesley Theological Seminary shall provide off-site IZ located in Ward 3 as an enforceable condition to its 2025-2035 Campus Plan further processing to construct university housing on Wesley’s campus, provided that the requirements of Subtitle C §§ 1006.1 - 1006.3(a)-(g), may be waived by the Zoning Commission for the off-site IZ. Depending on construction type, the off-site IZ provided shall be no less than Subtitle C §1003.1 or §1003.2 set-aside requirements, as applicable, and subject to the requirements of Subtitle C §§ 1006.5 - 1006.9. Notwithstanding the foregoing, and for good cause shown, the Zoning Commission shall have broad discretion to determine that the off-site IZ requirement described in this provision can be satisfied by alternative means, including increasing the set-aside requirements described herein and/or by requiring Wesley to make a financial contribution, deemed sufficient by the Zoning Commission, to an organization(s) that will facilitate the construction of new affordable housing reserved for households at or below 60% of median family income for rental units or at or below 80% of median family income for ownership units exclusively in Ward 3, provided that such alternative means is stated as an enforceable condition to the 2025-2035 Campus Plan further processing to construct university housing on Wesley’s campus.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 8118 (June 3, 2016); as amended by Final Rulemaking published at 63 DCR 15404 (December 16, 2016); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 67 DCR 13131 (November 6, 2020); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 69 DCR 000930 (February 4, 2022); as amended by Final Rulemaking published at 72 DCR 008238 (July 25, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1006

11-C DCMR § 1007 RELIEF FROM INCLUSIONARY ZONING REQUIREMENTS

RELIEF FROM INCLUSIONARY ZONING REQUIREMENTS

The Board of Zoning Adjustment is authorized to grant partial or complete relief from the requirements of Subtitle C § 1003 upon a showing that compliance, whether on-site, off-site, or a combination thereof, would deny an inclusionary development owner economically viable use of its land.

An application from an inclusionary development owner for a variance from the requirements of Subtitle C § 1003 shall not be granted unless the Board of Zoning Adjustment has determined that the applicant cannot comply with the provisions of Subtitle C § 1006 based on evidence provided by the applicant, and has voted to deny an application for relief pursuant to this section or Subtitle C § 1006.

The Zoning Commission may grant relief from the requirements of this chapter to an owner/occupant of an inclusionary unit on the consent calendar authorized by Subtitle Z § 703 provided:

Condominium or homeowner association fees have increased to make the unit unaffordable to other Eligible IZ Households as defined by Title 14, Chapter 22; and

The application for relief includes written confirmation of Subtitle C § 1007.3(a) from the Director of DHCD; and

The IZ covenant remains and the unit is sold at the Maximum Resale Price (MRP) as determined by 14 DCMR § 2218 if the income of the Eligible IZ Household purchasing the unit does not exceed eighty percent (80%) of the MFI; or

If the IZ covenant is terminated and the unit is sold above the Maximum Resale Price, a fee equal to any net proceeds from the sale that are above and beyond the MRP are deposited into the District’s Housing Trust Fund.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 15404 (December 16, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1007

11-C DCMR § 1008 APPLICABILITY DATE

APPLICABILITY DATE

With the exception of penthouse habitable space approved by the Zoning Commission pursuant to Subtitle C § 1506.3, the provisions of this chapter shall not apply to any building approved by the Zoning Commission pursuant to a planned unit development if the approved application was set down for hearing prior to March 14, 2008.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 15404 (December 16, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1008

11-C11 WATERFRONT

11-C DCMR § 1100 INTRODUCTION

INTRODUCTION

This chapter identifies waterfront regulations proximate to the Potomac River, Anacostia River, or Washington Channel.

Waterfront regulations are intended to provide for:

Physical and visual public accessibility to and along the waterfront;

Protection of natural resources along the waterfront;

Open space along the waterfront; and

Use restrictions in the one hundred (100)-year flood plain.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1100

11-C DCMR § 1101 APPLICABILITY

APPLICABILITY

The waterfront shall be that area proximate to either the Potomac or Anacostia rivers.

The provisions of this chapter shall apply to all properties with frontage on the Anacostia or Potomac Rivers.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1101

11-C DCMR § 1102 GENERAL WATERFRONT REGULATIONS

GENERAL WATERFRONT REGULATIONS

A waterfront setback to any building or structure shall be provided in accordance with the following provisions:

The waterfront setback shall be a minimum of seventy-five feet (75 ft.) in depth, except as noted in individual zones;

The waterfront setback shall be measured inland from the bulkhead or the mean high water level, whichever results in the larger waterfront setback;

Parking spaces, passenger drop-off areas, access to parking spaces, and access to loading areas shall not be located within the required waterfront setback area;

The waterfront setback shall apply to all buildings, structures, parking spaces, loading areas, and passenger drop-off areas, other than:

Water-taxi ticketing/information booth;

Structures directly associated with a publicly accessible wharf, dock, or pier; or

Public nature education center located on Kingman Island;

Twenty-five feet (25 ft.) of the required waterfront setback area, for the full width of the lot along the water, shall be reserved for a public pedestrian and bicycle trail along the waterfront. The property owner shall align the trail reservation area with the reservation on adjacent properties;

The Board of Zoning Adjustment may approve as a special exception a waterfront setback of less than amount required in Subtitle C § 1101.1(a), pursuant to the general special exception criteria of Subtitle X and the criteria of Subtitle C § 1102.1(g); and

The following criteria shall be considered by the Board of Zoning Adjustment when evaluating an application for a waterfront setback less than otherwise required and when evaluating a special exception use in the MU-11 zone:

The buildings, structures, and uses will enhance the visual and public recreational opportunities offered along the waterfront;

Buildings, structures, and uses on land will be located and designed to minimize adverse impacts on the river and riverbank areas;

Buildings, structures, and uses on, under, or over water will be located and designed to minimize adverse impacts on the river and riverbank areas;

All structures and buildings will be located so as to not likely become objectionable to surrounding and nearby property because of noise, traffic, or parking, and so as not to limit public access along or to the waterfront, other than directly in front of the principal building or structure of a boathouse, marina, yacht club, or other water-dependent use;

Impervious surfaces will be minimized, and buildings and all other impervious surfaces will be designed and sited to prevent surface storm water run-off directly into the river;

Accessory or non-accessory parking spaces, including the location of entrances and exits and any screening or fences, will be designed to minimize visual or physical impacts on adjacent parkland and the waterfront; and

Emergency access will be provided to any buildings, structures, or other space devoted to active public use.

Where the L’Enfant street grid exists in the vicinity of a waterfront lot, no buildings or structures may be built within the area defined by the street right-of-way lines extended to the water.

Where no L’Enfant street grid exists in the vicinity of a waterfront lot, no buildings or structures may be built to a length, as measured parallel to the water, of greater than three-hundred feet (300 ft.).

1102.4 The following uses shall be permitted as a special exception within a one hundred (100)-year floodplain, if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9 and subject to the conditions in Subtitle C § 1102.5:

(a) Residential uses with only one (1) or two (2) dwelling units;

(b) Animal sales, care, and boarding;

(d) Daytime care;

(e) Education;

(f) Emergency shelter;

(g) Hospital; and

(h) Lodging.

1102.5 The following conditions shall apply to any application for a special exception use under Subtitle C § 1102.4:

(a) The application shall include an analysis that provides the following:

A site plan showing the one hundred (100)-year floodplain boundaries and base flood elevations for the property that is certified by a registered professional engineer, architect, landscape architect, or other qualified person;

(2) A description of how the project has been designed to meet applicable flood resistant design and construction standards that is certified by a registered professional engineer, architect, landscape architect, or other qualified person;

(3) An evacuation plan that describes the manner in which the property would be safely evacuated before or during the course of a one hundred (100)-year flood event; and

(4) A description of how the proposed use would not result in any adverse impacts to the health or safety for the project’s occupants or users due to the proposed use’s location in the floodplain; and

(b) The Office of Zoning shall refer the application to the following agencies for their review and recommendation if filed to the case record within the forty (40)-day period established by Subtitle A § 211:

District Department of Energy and Environment (DOEE);

District of Columbia Fire and Emergency Medical Service Department (FEMS);

Metropolitan Police Department (MPD); and

The District of Columbia Homeland Security and Emergency Management Agency (HSEMA).

Parking space requirements for the waterfront areas are as follows:

Parking spaces, passenger drop-off areas, access to parking spaces, and access to loading areas, whether required by zoning or not, shall not be located within the waterfront setback area required in Subtitle C § 1102.1 (a); and

Where parking is required, parking spaces for boathouses, marinas, yacht clubs, or other recreational uses to be located elsewhere than on the same lot or part of the lot on which the principal use is located and not located in accordance with Subtitle C § 701.8(b), may be permitted as a special exception, in accordance with the provisions of Subtitle X, Chapter 9 and the applicant demonstrating that one (1) or more of the following criteria are applicable:

The parking spaces will be located to furnish reasonable and convenient parking for patrons of the principal building;

The parking spaces and any support facilities would result in significant adverse impacts on adjacent park land, or the waterfront because of noise, traffic, or other objectionable conditions;

The parking spaces will be adequately screened from adjacent park space and from the waterfront, and shall be designed to prevent storm water run-off directly into the river;

The lack of street frontage or the separation of the use from any publicly accessible street by public park space;

Unusual topography, grades, shape, size, or dimensions of the lot;

The lack of appropriate ingress or egress through existing or proposed streets;

Strip zoning or shallow zoning depth;

Restricted size of lot caused by adverse adjoining ownership or substantial improvements adjoining or on the lot;

Traffic hazards caused by unusual street grades or other conditions;

The type or location of the associated principal use results in diminished need for parking from what would otherwise be required by zoning regulations;

Reasonable and conveniently located alternatives to the required parking exist and are available to users with minimal impact on adjacent land or development; and

All other requirements of Subtitle C, Chapter 7 will be met.

1102.7 The following structures and projections may encroach into any required waterfront setback:

A structure, including a building, less than four feet (4 ft.) in height above the grade at any point. Any railing required by the Title 12 DCMR D.C. Construction Code, shall be calculated in the measurement of the structure’s height;

A fence or retaining wall constructed in accordance with the Title 12 DCMR D.C. Construction Code;

Stairs leading to the first story of the building located entirely above grade, or to a story below grade. The stairs shall include any railing required by the provisions of the Title 12 DCMR D.C. Construction Code;

An antenna that complies with all other requirements of this title; and

The following elements or structures as defined below:

TABLE C § 1102.6(e):

PROJECTING ELEMENT OR STRUCTURE

MAXIMUM PROJECTIONS

Cornices and eaves.

2 ft.

Sills, leaders, belt courses, and similar ornamental or structural features.

6 in.

Awnings serving a window, porch, or door.

40 in.

A chimney, smokestack, or flue.

5 sq. ft.

A self-contained room air conditioner.

2 ft.

Building components or appurtenances dedicated to the environmental sustainability of the building.

4 ft.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 7904 (June 26, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1102

11-C12 COMBINED LOT PROVISIONS

11-C DCMR § 1200 GENERAL PROCEDURES

GENERAL PROCEDURES

This chapter contains the general procedural regulations for the administration of combined lot agreements for those zones where a combined lot process is permitted.

The allowable residential and nonresidential bulk, or of bonus floor area if applicable, of eligible properties may be apportioned between two (2) or more lots in the same square or other boundaries if otherwise established in a zone, regardless of the limits on floor area; provided, that the aggregate residential and nonresidential floor area may not exceed the limits for the applicable zone.

The maximum permitted floor area for all uses and the maximum floor area for nonresidential uses shall be calculated as if the lots were one (1) lot, and the total project shall conform with both limitations.

A covenant for the benefit of the District of Columbia, found technically sufficient by the Zoning Administrator and legally sufficient by the Office of Zoning Legal Division, running with the land and applicable to all properties involved in the apportionment shall be executed by all of the owners of the properties prior to the issuance of any building permits. The covenant shall be for the purpose of ensuring that the aggregate residential and nonresidential floor area does not exceed the limits applicable to residential and nonresidential uses, or of bonus floor area if applicable.

No transfer of floor area for preferred uses, or of bonus floor area if applicable, shall be effective under this section unless an instrument, legally sufficient in both form and content to effect such a transfer, in a form approved by the Office of Zoning Legal Division, has been entered into among all of the parties concerned, including the District of Columbia where appropriate.

A certified copy of the instrument of transfer shall be filed with the Zoning Administrator before approval by the Department of Consumer and Regulatory Affairs of any building permit application affected by such transfer.

The document shall be recorded in the Office of the Recorder of Deeds, serving as a notice both to the receiving lot and sending lot of the transfer of floor area for preferred uses or of bonus floor areas.

The notice of restrictions and transfer shall run with the title and deed to each affected lot.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 13131 (November 6, 2020); as amended by Final Rulemaking published at 69 DCR 000930 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1200

11-C13 ANTENNAS

11-C DCMR § 1300 PURPOSE

PURPOSE

The purposes of the regulation of antennas, antenna towers, and monopoles as a particular type of structure shall be as follows:

The Zoning Commission has determined that certain antennas, antenna towers, and monopoles, because of their size, shape, design, construction, or location, may affect the welfare or safety of the population and may detract from the streetscape, landscape, skyline, scenic beauty, or aesthetic interests of the District of Columbia, and its role as the Nation's Capital;

The Zoning Regulations therefore regulate the size, height, construction, design, and location of antennas, antenna towers, and monopoles which have the greatest potential for adverse impact on the health, safety, and welfare of the population, and on neighborhood quality, and those which have the greatest potential for adverse impact on the scenic beauty of the Nation's Capital and the national monuments; and

The principal types of antennas, antenna towers, and monopoles regulated are those that, because of their shape, size, or quantity, potentially have the greatest visual impact, and include, by example, large satellite earth station antennas, and certain microwave terrestrial antennas, monopoles, and antenna towers.

Consistent with these purposes, the construction of new towers or monopoles shall only be permitted subject to certain placement and construction standards.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1300

11-C DCMR § 1301 CERTIFICATION OF FCC COMPLIANCE FOR TRANSMITTING ANTENNAS

CERTIFICATION OF FCC COMPLIANCE FOR TRANSMITTING ANTENNAS

No application for a building permit for a transmitting antenna may be considered completed unless it is accompanied by a certification evidencing that the proposed transmitting antenna will comply with the radio frequency (RF) radiation guidelines adopted by the Federal Communications Commission (FCC) and the health and safety regulations adopted by the Occupational Safety and Health Administration.

The certification shall be signed by a licensed engineer qualified in RF engineering and shall include the following required information:

The maximum RF radiation to be generated by the proposed antenna or antennas;

The means used to determine the RF levels;

The exact legal name, address of principal place of business, and telephone number of the applicant, certifying engineer, and property owner; and

A site plan, and roof plan if applicable, drawn to scale showing the location of the proposed antennas and all existing antennas on the site, roof, tower, or monopole.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1301

11-C DCMR § 1302 MATTER OF RIGHT ANTENNAS

MATTER OF RIGHT ANTENNAS

All antennas that comply with the applicable provisions of this chapter are permitted as a matter of right in all zones, except broadcast antennas, which shall not be permitted in residence zones.

No signs of any kind, including advertisements, may be placed on any antenna, unless necessary for the safety of the public.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1302

11-C DCMR § 1303 GROUND MOUNTED ANTENNAS

GROUND MOUNTED ANTENNAS

All ground mounted antennas, except those regulated by Subtitle C § 1306 or exempted by Subtitle C § 1307, shall comply with the following conditions:

In any R, RA, MU-1, MU-2, MU-10 through MU-14, zone, only one (1) antenna may be located per lot and may not exceed a mounted height of twelve feet (12 ft.) at its highest point above the ground on which it is located;

In any R, RA, NMU, D, PDR, MU-3 through MU-9, and MU-15 zones, and any zone of Subtitle K, an antenna may not exceed a mounted height of twenty feet (20 ft.) at its highest point above the ground on which it is located;

The antenna shall be located in either the rear yard or the side yard of the principal building on the lot, except that in the case of a corner lot no antenna may be located in the yard between the principal building structure and a street;

Each part of the antenna shall be set back from all lot lines by a minimum distance of ten feet (10 ft.);

Each antenna installation shall be located or screened such that its visibility is minimized to the greatest practical extent from any:

Public park that is within the Central Washington area as identified in the Comprehensive Plan;

Street that the lot abuts;

Public spaces;

Navigable waterways;

Historic landmarks; or

National monuments;

The antenna, to the greatest practical extent, shall be constructed of materials and colors that blend with the surroundings; and

The antenna installation shall be as small as is practical for its intended use.

The term "ground" as used in Subtitle C §§ 1303.1(a) and (b) does not include artificially elevated terrain such as berms or planter boxes but may include graded lawns, terraced landscapes that are formed from the natural grade, and at-grade patios.

A proposed ground mounted antenna that does not comply with the above requirements or numeric limit may be permitted through the special exception process set forth in Subtitle C § 1312.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1303

11-C DCMR § 1304 ROOF-MOUNTED ANTENNAS

ROOF-MOUNTED ANTENNAS

All roof-mounted antennas, except those regulated by Subtitle C § 1306 or exempted by Subtitle C § 1307, shall comply with the following conditions:

Each part of an antenna shall be set back from each edge, excluding party walls, of the roof a minimum distance equal to its total mounted height above the roof;

An antenna may not exceed a total mounted height of twelve feet (12 ft.) above the roof;

Each antenna installation shall be located or screened such that its visibility from public spaces, navigable waterways, historic landmarks, and national monuments is minimized to the greatest practical extent;

An antenna shall be constructed of materials and colors that blend with the surroundings to the greatest practical extent;

Antennas mounted on roofs with outdoor recreation space shall be secured from unauthorized access for a minimum distance of ten feet (10 ft.), by a fence or screen at least five feet (5 ft.) in height; and

Any related equipment cabinet or shelter that is not internal to the building or penthouse or rooftop structure shall be:

Constructed of materials and colors that blend with the building or penthouses or rooftop structures; and

Located to reduce its visibility from public space to the greatest practical extent.

A proposed roof-mounted antenna that does not comply with the above requirements may be permitted through the special exception process set forth in Subtitle C § 1312.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1304

11-C DCMR § 1305 BUILDING-MOUNTED ANTENNAS

BUILDING-MOUNTED ANTENNAS

All building mounted antennas, except those regulated by Subtitle C § 1306 or exempted by Subtitle C § 1307, shall comply with the following conditions:

The top of the antenna shall not extend above the top of the wall, or roof of the building or structure to which it is mounted;

An antenna shall be constructed of materials and colors that blend with the surroundings to the greatest practical extent or shall be screened and/or painted to blend with the surface to which the antenna is attached;

A building-mounted antenna placed on a penthouse or rooftop structure with a rooftop outdoor recreation space shall be secured from unauthorized access for a minimum vertical distance of ten feet (10 ft.); and

Any related equipment cabinet or shelter that is not internal to the building or penthouse or rooftop structure shall be:

Constructed of materials and colors that blend with the building or penthouses or rooftop structures; and

Located to reduce its visibility from public space to the greatest practical extent.

A proposed building-mounted antenna that does not comply with the above requirements may be permitted through the special exception process set forth in Subtitle C § 1312.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1305

11-C DCMR § 1306 ANTENNAS LOCATED IN STEALTH STRUCTURES

ANTENNAS LOCATED IN STEALTH STRUCTURES

Antennas located in stealth structures may be permitted provided the following conditions are met:

The proposed stealth design provides adequate screening of the antennas;

The proposed structure is not out of scale with the subject property taking into account the size, setbacks, topography, and underlying use of the property;

The primary use of the subject property is not a residential use with only one (1) dwelling unit;

The ground equipment of the proposed antenna be landscaped, fenced, or otherwise screened;

The diameter of a stealth flag pole shall not exceed thirty inches (30 in.) at its base; and

The height of a ground-mounted stealth structure shall be permitted, as a matter-of-right, to a height of eighty feet (80 ft.) in all residential zones and one hundred twenty feet (120 ft.) in all other zones.

Any proposed antenna to be located in a stealth structure that does not comply with the above requirements may be permitted through the special exception process set forth in Subtitle C § 1312.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1306

11-C DCMR § 1307 EXEMPTED ANTENNAS

EXEMPTED ANTENNAS

1307.1 The requirements of Subtitle C §§ 1303 through 1306 shall not apply to any antenna that is:

(a) Entirely enclosed within a building, but is not the primary use within the building;

(b) Entirely enclosed on all sides by a penthouse or rooftop structure, or an extension of penthouse or rooftop structure walls or screening; this subsection shall not be interpreted to permit a penthouse or rooftop structure in excess of the height limitations;

1307.2 For the purposes of Subtitle C § 1307.1, parapets and the walls of penthouses, and rooftop structures may include an opaque membrane covering a port in front of the antenna that screens the antenna, blends with the wall and allows the antenna to operate.

The requirements of Subtitle C §§ 1303 through 1306 do not apply to the following classes of antennas. The maximum number of antennas within a class that may be placed on a building or located on a lot is as follows:

TABLE C § 1307.3: MAXIMUM NUMBER OF ANTENNAS BY CLASS

Class of Antenna

Maximum Number

Residential type uhf/vhf television and frequency modulation (fm) radio receiving Yagi antenna located on the roof of a principal building, not to exceed 8 ft. horizontally.

Whip antennas not exceeding 2½ in. in diameter, with a mounted dimension. (Except that no longer than 12 ft. in any direction, and there located on a principal building, shall be no numeric limit on the number of whip antennas that are dedicated to the provision of emergency services to the District of Columbia.)

Residential type super high frequency antenna located on the roof of a principal building, not to exceed 3 ft. in any dimension, excluding the support element.

Dish antenna located on the roof of a principal building with a diameter of no more than 4 ft., not taller than 8 ft. as measured from the roof surface on which it is mounted, and set back from the edge of the roof a distance at least equal to its height above the roof. The principal building shall have a height of no less than 25 ft.

Whip antenna mounted on a vehicle on private property.

A proposed antenna which does not comply with the above requirements or numeric limitation set forth in Subtitle C § 1307.3 may be permitted subject to the requirements of Subtitle C §§ 1303 through 1306.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1307

11-C DCMR § 1308 ANTENNA MOUNTED ON ANTENNA TOWERS AND MONOPOLES

ANTENNA MOUNTED ON ANTENNA TOWERS AND MONOPOLES

Antennas may be mounted as a matter of right on an antenna tower or monopole that:

Is located in a PDR zone;

Was approved by, and constructed in accordance, with an order of the Board of Zoning Adjustment; or

Was constructed in accordance with a building permit issued prior to December 21, 2007.

An antenna shall not be mounted on an antenna tower or monopole if, as a result of its installation:

The size of the antenna tower or monopole is increased; or

The appearance of the antenna tower or monopole is changed in a manner that adversely impacts the surrounding area.

A transmitting antenna shall not be placed lower than fifty feet (50 ft.) above the base of the antenna tower or monopole.

An antenna proposed to be mounted on an antenna tower or monopole that does not comply with the above requirements may be permitted through the special exception process set forth in Subtitle C § 1312.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1308

11-C DCMR § 1309 ANTENNA TOWERS AND MONOPOLES IN THE PDR-4 ZONES (MATTER OF RIGHT)

ANTENNA TOWERS AND MONOPOLES IN THE PDR-4 ZONES (MATTER OF RIGHT)

An antenna tower or monopole, either alone or in conjunction with a studio or in conjunction with the erection, alteration, or use of buildings for transmission or reception equipment, shall be permitted in the PDR-4 zones as a matter of right; provided that the antenna tower or monopole complies with the conditions set forth in this section.

An antenna tower or monopole shall be set back a minimum horizontal distance equal to its total height as measured from the ground, from any residentially developed or zoned property.

Except as provided in Subtitle C § 1309.2, each part of an antenna tower or monopole shall be set back from each lot line a minimum distance equal to the greater of twenty feet (20 ft.); or a distance of at least one-third (1/3) of the total mounted height.

The height of an antenna tower or monopole shall not exceed the maximum height permitted for structures plus thirty feet (30 ft.) as a matter of right. Any antenna tower or monopole in excess of this height may be permitted if approved by the Board of Zoning Adjustment subject to the conditions of Subtitle C § 1312, subject to Subtitle C § 1309.5.

Any antenna tower or monopole with a height in excess of that permitted by the act of June 1, 1910 (36 Stat. 452), as amended, shall not be permitted, unless the height is approved by the Mayor or his or her designee.

A written statement shall be provided agreeing to design the proposed antenna tower or monopole for at least three (3) antenna arrays and to make the array space available on a commercial basis for collocation by any telecommunications service provider whenever unused by the initial telecommunications service provider(s) or the owner.

No signs of any kind, including advertisements, may be placed on an antenna tower or monopole, its equipment cabinet or its equipment shelter, unless necessary for the safety of the public.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1309

11-C DCMR § 1310 ANTENNA TOWERS AND MONOPOLES AS PART OF A CAMPUS PLAN

ANTENNA TOWERS AND MONOPOLES AS PART OF A CAMPUS PLAN

An antenna tower or monopole may be permitted, subject to and as a part of an approved campus plan subject to the special exception standards of Subtitle C §§ 1312.1 and 1312.2.

No advertising, special art, or campus identification may be placed on an antenna tower or monopole, its equipment cabinet, or its equipment shelter.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1310

11-C DCMR § 1311 OFFICE OF PLANNING REPORT

OFFICE OF PLANNING REPORT

The Zoning Administrator shall not take final action on an application to permit an antenna tower, a monopole, or an antenna not exempted by Subtitle C § 1307 or for the modification of an existing antenna not exempted by Subtitle C § 1311.4 until a report is received from the Office of Planning or thirty (30) days have passed since the application was submitted to the Office of Planning, whichever occurs first.

The Office of Planning and the Zoning Administrator may agree to lengthen the time period indicated in Subtitle C § 1311.1, but in no event shall the review period exceed sixty (60) days.

The report of the Office of Planning shall provide a copy of the plans, as well as specific criteria and information sufficient to enable the Zoning Administrator to determine whether the antenna complies with the applicable requirements of this chapter.

A report from the Office of Planning is not required for:

The modification of a previously permitted collocation including:

Roof or building-mounted antennas that involve a one-to one (1:1) replacement of the antennas or an increase of one (1) antenna to a mount for no more than five (5) antennas per mount or sector, with no change to previously permitted locations or increase in the height of the antennas; or

Stealth mounted antennas including flagpoles and within church steeples that do not change the existing appearance or height of the structure;

Collocation on an existing permitted antenna tower provided the installation would not increase the existing height of the tower by more than ten percent (10%) or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20 ft.), whichever is greater; or

Installation or maintenance of antenna-related equipment cabinets and shelters and other support structures consistent with the penthouse and rooftop structure regulations.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1311

11-C DCMR § 1312 ANTENNAS SUBJECT TO BOARD OF ZONING ADJUSTMENT APPROVAL – GENERAL

ANTENNAS SUBJECT TO BOARD OF ZONING ADJUSTMENT APPROVAL – GENERAL

An application for special exception approval shall include the following written and graphic documentation:

A map of area to be served by the new antenna;

A map and explanation of the area being inadequately served that necessitates installation of the proposed antenna;

A map indicating the location of any other antennas and related facility sites providing service by the applicant, and any antenna tower or monopole of any provider, within a two (2) mile radius, including public space, of the proposed antenna site, with identified heights above grade;

A site, and roof plan if applicable, showing all structures and antennas on site;

Elevation drawings of the structure and proposed antennas from all four (4) directions;

A picture of the proposed antenna;

The total mounted height of the antenna relative to the tops of surrounding trees as they presently exist within one-quarter mile (.25 mi.) of the proposed location; and

Other information as may be necessary for impact assessment of the antenna.

In addition to any other conditions deemed necessary to mitigate potential adverse impacts, the Board of Zoning Adjustment may impose conditions pertaining to screening, buffering, lighting, or other matter necessary to protect adjacent and nearby property and may require the removal of any on-site non-conforming, inoperable, or unauthorized antenna.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1312

11-C DCMR § 1313 ANTENNA TOWERS AND MONOPOLES SUBJECT TO BOARD OF ZONING ADJUSTMENT APPROVAL

ANTENNA TOWERS AND MONOPOLES SUBJECT TO BOARD OF ZONING ADJUSTMENT APPROVAL

A monopole shall be permitted if approved by the Board of Zoning Adjustment in accordance with Subtitle X of this title, subject to the provisions of this section, in the zones specified in Subtitle C § 1313.2.

A monopole may be permitted as a special exception use in the R, RF, RA, MU, D, and PDR (except PDR-4 zones where antenna towers are permitted as a matter of right) zones, and the zones of Subtitle K, where monopoles are permitted as a matter of right subject to Subtitle C § 1309.

An antenna tower, either alone or in conjunction with a studio, or the erection, alteration, or use of buildings for transmission or reception equipment on the same lot, shall be permitted if approved by the Board of Zoning Adjustment in accordance with Subtitle X of this title and subject to the provisions of this section, in the zone specified in Subtitle C § 1313.4.

An antenna tower may be permitted as a special exception in the following zones:

Mixed-Use (MU) zones, except MU-3 zone;

Downtown (D) zones;

Subtitle K zones; and

Production, Distribution, and Repair (PDR) zones, except PDR-4 zones, where antenna towers are permitted as a matter of right.

The location, height, and other characteristics of an antenna tower or monopole shall be:

Consistent with the purpose of this chapter;

Designed and available for collocation by other service providers;

Located so the visual impacts are minimized to the greatest practical extent, from neighboring property and adjacent public space, or appropriately screened by landscaping or other techniques to minimize the visibility of the antenna tower or monopole; and

Designed and constructed to preserve existing trees to the greatest practical extent.

If an applicant is unable to meet the special exception requirements of section, the Board of Zoning Adjustment may nevertheless grant the application if the applicant demonstrates that:

There is a significant gap in wireless service;

The proposed antenna tower or monopole will fill this gap;

No other mounting options are available;

The site is the only location from which the gap can be filled or, if other sites are available, the antenna tower or monopole at the proposed location will generate the least adverse impacts;

That the height and other physical design characteristics of the proposed antenna tower or monopole do not exceed those which are minimally necessary to fill the gap in wireless service;

That it is using the least intrusive means to provide wireless service necessary to fill the gap in such service; and

That the proposed antenna tower and monopole, even when supporting all possible co-locators will be in full compliance with Federal Communication Commission cumulative and individual RF emission levels.

Any antenna tower or monopole with a proposed height in excess of that permitted by the Act of June 1, 1910 (36 Stat. 452), as amended, shall not be permitted, unless the height is approved by the Mayor or his or her designee.

An antenna tower or monopole shall be set back a minimum horizontal distance equal to its total height as measured from the ground, from any residentially developed or zoned property.

Each part of an antenna tower or monopole shall be set back from each lot line the greater of the following:

Twenty feet (20 ft.); or

A distance of at least one-third (1/3) of the total constructed height.

The Board of Zoning Adjustment shall submit the application to the Office of Planning for review and report.

The applicant shall provide written and/or graphic documentation of the following:

The area to be served by the proposed new antenna tower or monopole;

The area being inadequately served;

A map indicating the location of any other antenna or related facility sites providing service by the applicant within a two (2)-mile radius, including public space, of the proposed site;

Other towers or monopoles within a two (2)-mile radius of the proposed site with identified heights above grade;

An explanation of why the applicant cannot collocate on an existing tower or monopole;

A written statement agreeing to permit the collocation by other service providers on a commercial basis on an antenna tower;

A written statement agreeing to design a proposed monopole for at least three (3) antenna arrays and to make the array space available on a commercial basis for collocation by any telecommunications service provider whenever unused by the initial telecommunications service provider(s);

The topographic conditions of the area to be served;

The relative height of the antenna tower or monopole to the tops of surrounding trees within one-quarter mile (.25 mi.) radius of the proposed site as they presently exist;

The proposed appearance of the antenna tower or monopole, including exterior finish;

A maintenance plan explaining how the property manager will control ice build-up, falling ice, and potential falling debris; the plan should also address how inoperative antennas will be removed; and

Other information as may be necessary for impact assessment of the antenna tower or monopole.

In addition to any other conditions deemed necessary to mitigate potential adverse impacts, the Board of Zoning Adjustment may impose conditions relating to operation, location, screening, collocation, or other requirements as it shall deem necessary to protect adjacent and nearby property, neighborhood character, and the image of the city as the nation's capital, consistent with the general purpose and intent of this chapter and may require the removal of any on-site inoperable or unauthorized antenna as a condition to the approval.

No signs of any kind, including advertisements, may be placed on an antenna tower or monopole, its equipment cabinet, or its equipment shelter, unless necessary for the safety of the public.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1313

11-C DCMR § 1314 NONCONFORMING ANTENNAS

NONCONFORMING ANTENNAS

A nonconforming antenna shall not be altered, modernized, or otherwise replaced, except in conformity with all provisions of this title.

If a nonconforming antenna stops functioning, a temporary replacement antenna may be installed, subject to the following conditions:

A permanent replacement antenna cannot be installed as a matter of right;

The temporary installation shall be permitted for one (1) year; and

The cost of the temporary replacement shall not be considered by the Board of Zoning Adjustment as a basis for approval of a special exception to install a conforming replacement.

Within three (3) months after the nonconforming antenna stops functioning, the owner or occupant of the land or structure on which the antenna is installed shall apply for a special exception to install a longer term replacement.

An antenna that was legally permitted prior to the date of adoption of this chapter shall be considered a conforming antenna.

This section does not apply to antenna towers, monopoles, or antenna support structures.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1313

11-C DCMR § 1315 EQUIPMENT CABINET OR SHELTER

EQUIPMENT CABINET OR SHELTER

If an antenna equipment cabinet or shelter is provided on the ground, it shall be subject to the following:

It shall be regulated as an accessory building subject to any applicable criteria within each zone; and

It shall harmonize with the main structure in architectural character, material, and color.

If an antenna equipment cabinet or shelter is provided on the roof of a building or structure, it shall be erected or enlarged subject to the following:

It shall be set back from all exterior walls a distance at least equal to its height above the roof upon which it is located;

It shall harmonize with the main structure in architectural character, material, and color;

It shall not exceed eighteen feet six inches (18 ft., 6 in.) in height above the roof upon which it is located; and

It shall be placed only on a roof of a principal structure and may not be permitted on a roof of any other rooftop structure or penthouse.

The Board of Zoning Adjustment may waive one (1) or more of the requirements of Subtitle C § 1315.2 for good cause shown in accordance with Subtitle Y.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1315

11-C DCMR § 1316 REMOVAL OF ANTENNAS, ANTENNA TOWERS, MONOPOLES, AND RELATED EQUIPMENT

REMOVAL OF ANTENNAS, ANTENNA TOWERS, MONOPOLES, AND RELATED EQUIPMENT

Antennas, antenna towers, monopoles, equipment cabinets, or equipment shelters shall be removed at the expense of the property owner if they have not been used for a period of one (1) -year. A one (1) -year extension may be granted by the Board of Zoning Adjustment to this requirement for good cause shown.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1316

11-C14 RETAINING WALLS

11-C DCMR § 1400 INTRODUCTION

INTRODUCTION

The provisions of this chapter shall apply to the construction of a retaining wall in any R or RF zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1400

11-C DCMR § 1401 GENERAL PROVISIONS

GENERAL PROVISIONS

The height of a retaining wall shall be determined as follows:

The height of a retaining wall is the vertical distance measured from the natural grade at the base of the wall to the top of the wall;

When the height of a retaining wall varies, the height shall be measured at the highest point of the wall, from the natural grade at the base of the wall at that point; and

Berms or other similar forms of intermittent terrain elevation shall not be included in measuring retaining wall height.

Subject to the height limitations of Subtitle C § 1401.3 through 1401.6, the maximum height of a retaining wall shall be six feet (6 ft.).

A retaining wall shall not exceed four feet (4 ft.) in height in the following locations, unless a lower height is required by Subtitle C § 1401.5 and 1401.6:

Along a street frontage or property line;

Within any required side setback;

(c) In the R-1A and R-1B zones, within twenty-five feet (25 ft.) of the rear property line, as measured from the rear property line inward; and

(d) In the R-2, R-3, and RF zones, within twenty feet (20 ft.) of the rear property line, as measured from the rear property line inward.

A retaining wall located along a street frontage on a block with adjacent existing retaining walls shall not be greater in height than the tallest adjacent existing retaining walls up to the maximum height of four feet (4 ft.).

A retaining wall located on any area between a property line and a building line shall not exceed a maximum height of forty-two inches (42 in.).

A retaining wall abutting an improved alley in the R-3 or RF zones shall not exceed a maximum height of twelve feet (12 ft.).

Retaining walls may be tiered or terraced provided that the width of the area between each retaining wall is at least twice the height of the lower retaining wall. The area between each wall shall be pervious and may not be paved or otherwise covered with impervious materials.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1401

11-C DCMR § 1402 SPECIAL EXCEPTION FROM RETAINING WALL REQUIREMENTS

SPECIAL EXCEPTION FROM RETAINING WALL REQUIREMENTS

Retaining walls not meeting the requirements of this section may be approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X. In addition to meeting the general conditions for being granted a special exception as set forth in that subtitle, the applicant must demonstrate that conditions relating to the building, terrain, or surrounding area would to make full compliance unduly restrictive, prohibitively costly, or unreasonable.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1402

11-C15 PENTHOUSES AND ROOFTOP STRUCTURES

11-C DCMR § 1500 INTRODUCTION

INTRODUCTION

1500.1 A penthouse or rooftop structure, when not in conflict with the Height Act or otherwise restricted, may be erected to a height in excess of the building height authorized by the zone district, in accordance with the conditions specified in this section.

1500.2 The requirements of this chapter shall apply to:

(a) Penthouses; and

(b) Rooftop structures that are four feet (4 ft.) or more in height above the roof upon which they sit.

1500.3 A rooftop structure that is less than four feet (4 ft.) in height above the roof upon which it sits shall not be subject to the requirements of this chapter, except it must comply with the setback requirements of Subtitle C § 1504.

1500.4 For the administration of this section, mechanical equipment shall not include telephone equipment, radio, television, electronic equipment of a type not necessary to the operation of the building or structure, or solar canopies on top of a parking garage. Antenna equipment cabinets and antenna equipment shelters shall be regulated by Subtitle C, Chapter 13.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1500

11-C DCMR § 1501 USES

USES

1501.1 A penthouse or rooftop structure may house mechanical equipment, or any use permitted within the zone, except that penthouse space shall be restricted as follows:

(a) Within residential zones in which the building is limited to a maximum of forty feet (40 ft.) or less, the penthouse use shall be limited to penthouse mechanical space and ancillary space associated with a rooftop deck, to a maximum area of twenty percent (20%) of the building roof area dedicated to rooftop unenclosed and uncovered deck, terrace, or recreation space;

(b) Notwithstanding the requirements of paragraph (a), penthouse space shall only be permitted on the roof of a single household dwelling or flat in any zone, or on the roof of an apartment house converted pursuant to Subtitle U § 320.2, if it:

(1) Is located entirely within the matter of right permitted height for the building, or the special exception permitted height for the building when authorized by the Board of Zoning Adjustment;

(2) Is a maximum of nine feet (9 ft.) in height and one (1) story; and

(3) Contains only stair or elevator access to the roof plus a maximum of thirty square feet (30 sq. ft.) of space ancillary to a rooftop deck or terrace;

(c) Penthouse space that satisfies the requirements of paragraph (b) of this subsection except that it would not satisfy Subtitle C § 1501.1(b)(1), shall only be permitted if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9;

(d) An eating and drinking establishment located within a penthouse habitable space, or on a rooftop deck on the highest roof of the building, shall only be permitted if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9; or

(e) On any building within an area bound by I Street, N.W., to the north; Constitution Avenue, N.W., to the south; 19th Street, N.W., to the west, and 13th Street, N.W., to the east, penthouse habitable space or publicly accessible rooftop deck on the highest roof of the building, shall be permitted only if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, after consultation with the US Secret Service to determine whether security concerns exist.

History

SOURCE: Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 71 DCR 012430 (October 11, 2024); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1501

11-C DCMR § 1502 HEIGHT

1502.1 Except as otherwise limited in this Chapter, height and number of stories permitted for a penthouse or rooftop structure shall be as prescribed in the development standards for the applicable zone.

1502.2 The height and number of stories permitted for a penthouse or rooftop structure for a building constructed pursuant to a planned unit development (PUD) shall be as prescribed for the PUD standards for the applicable zone, pursuant to Subtitle X, Chapter 3.

1502.3 Pursuant to § 5 of the Height Act, a penthouse or rooftop structure may be erected to a height in excess of that permitted therein if authorized by the Mayor or his or her designee and subject to the setback and other restrictions stated in the Act.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1502

11-C DCMR § 1503 ENCLOSING WALLS

1503.1 All penthouses and mechanical equipment shall be in one (1) enclosure, except that the following may be contained within a separate enclosure:

(a) Penthouse and mechanical equipment located on the roof of a public school, public recreation center, or public library; or

(b) A rooftop egress stairwell or elevator enclosure not containing any other form of habitable or mechanical space that harmonizes with the main penthouse in architectural character, material, and color.

1503.2 When roof levels vary by one (1) floor or more or when separate elevator cores are required, there may be one (1) enclosure for each elevator core at each roof level.

1503.3 When consisting solely of mechanical equipment, the equipment shall be enclosed fully as prescribed in Subtitle C §§ 1503.1 and 1503.2 except that louvers may be provided. A roof over a cooling tower need not be provided when the tower is located at or totally below the top of enclosing walls.

1503.4 Walls enclosing a penthouse or rooftop structure, including screening around uncovered mechanical equipment, shall comply with the following height requirements, as measured from the roof upon which the penthouse or rooftop structure sits and shall be provided as follows:

(a) Walls enclosing penthouse habitable space shall be of a single, uniform height;

(b) Walls enclosing penthouse mechanical space shall be of a single, uniform height; except that walls enclosing an elevator override may be of a different single, uniform height;

(d) Walls enclosing a stairwell penthouse need not be of a single, uniform height.

History

SOURCE: Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1503

11-C DCMR § 1504 SETBACKS

1504.1 Except as exempted by Subtitle C §§ 1504.2 to 1504.4, a penthouse or rooftop structure shall be set back from the edge of the roof upon which it is located, measured from a point where a line extending from the top of the roof intersects with the outside face of the building enclosing wall, as follows:

A distance equal to its height from the front building wall of the roof upon which it is located;

A distance equal to its height from the rear building wall of the roof upon which it is located;

(1) The side building wall is not located on a property line;

(2) The side building wall faces a public or private street or alley right-of way, or a public park;

(3) The adjacent property along the shared side lot line has a lower permitted matter-of-right building height; or

(4) The adjacent property along the shared side lot line is improved with a building that is a designated landmark or contributing structure to a historic district with a height at least ten feet (10 ft.) below the maximum height permitted in its zone;

(d) A distance equal to its height from building walls that border all sides of an open court on the property; or

(e) A distance equal to two (2) times its height from any building wall of the roof upon which it is located which fronts onto Independence Avenue, S.W. between 12th Street, S.W. and 2nd Street, S.W., or fronting onto Pennsylvania Avenue, N.W. between 3rd Street, N.W and 15th Street, N.W., subject to any constraints on penthouses or rooftop structures contained within adopted PADC Guideline documents.

1504.2 The front, rear, side, and open court setback requirements of Subtitle C §§ 1504.1(a)-(d) shall not apply to features meeting the following conditions:

(a) Parapets;

(b) Roof membranes, and green roof mediums that do not exceed a height of two feet (2 ft.), measured from the surface of the roof upon which they sit;

(c) Roof decks, platforms, or other rooftop features that do not exceed a height of twelve inches (12 in.) maximum above the roof, measured from the surface of the roof upon which they sit;

(d) On the roof of any building or structure not noted in Subtitle C § 1504.3(c), solar panels not attached to or hanging down from the side of a penthouse, rooftop structure, or parapet, that do not exceed a height of four feet (4 ft.) maximum above the roof, measured from the surface of the roof upon which they sit;

(e) Guardrails required by the building code for a deck not located on the highest roof of a building;

(f) Guardrails or privacy fences on the top of a one- (1) story accessory building, provided the total height of the building including the guardrail or privacy fence does not exceed the height permitted for an accessory building in the zone; or

(g) Mechanical equipment or screening for mechanical equipment on the roof of a public school, recreation center, or library.

1504.3 In addition to the exemptions of Subtitle C § 1504.2, the rear, side, and open court setback requirements of Subtitle C §§ 1504.1(b)-(d) shall not apply to features meeting the following conditions:

For a rooftop deck on the highest roof a building, guardrails required by the building code that do not exceed a height of three feet, six inches (3 ft., 6 in.), when the façade is not facing a public or private street or a public park;

(b) Gooseneck exhaust ducts serving kitchen and toilet ventilating systems, roof mounted antennas, trash chutes, plumbing vent stacks, HVAC compressors, or other similar mechanical equipment;

(c) On the roof of a one (1) family dwelling or flat, or an accessory building to those uses, solar panels not attached to or hanging down from the side of a penthouse, rooftop structure, or parapet, that do not exceed:

(1) For rooftop-mounted panels, a two feet (2 ft.) maximum height above the roof, measured from the surface of the roof upon which they sit; or

(2) For parapet-mounted panels, a one foot (1 ft.) maximum height above the top of the side wall parapet.

(d) Roof hatches that do not exceed a height of four feet (4 ft.), measured from the surface of the roof upon which they sit; or

(e) Skylights that do not exceed a height of two feet (2 ft.), measured from the surface of the roof upon which they sit.

1504.4 The open court setback requirements of Subtitle C § 1504.1(d) shall further not apply to a rooftop access stairwell or elevator.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 6110 (June 30, 2017); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1504

11-C DCMR § 1505 ENCLOSED AREA

1505.1 For the purposes of calculating floor area ratio for the building, the aggregate square footage of all levels or stories of a penthouse measuring six and one-half feet (6.5 ft.) or more in height shall be included in the gross floor area contributing to the total floor area ratio permitted for the building, with the following exceptions:

(a) Penthouse mechanical space;

(b) Communal recreation or amenity space for residents or non-residential tenants of the building;

(c) Penthouse habitable space, other than as exempted in paragraph (b) of this subsection, with a floor area ratio of less than four-tenths (0.4); and

(d) Mechanical equipment owned and operated by a fixed right-of-way public mass transit system.

1505.2 For any property fronting directly onto Independence Avenue, S.W. between 12th and 2nd Streets, S.W., penthouses or rooftop structures, including any combination of mechanical or habitable penthouse space, shall not exceed one-third (1/3) of the total roof area upon which the penthouse or rooftop structure sits.

1505.3 Areas within curtain walls without a roof used where needed to give the appearance of one (1) structure shall not be counted in floor area ratio but shall be computed as a penthouse to determine if they comply with Subtitle C § 1505.2.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 5174 (May 11, 2018); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1505

11-C DCMR § 1506 RELIEF FROM PENTHOUSE OR ROOFTOP STRUCTURE REQUIREMENTS

1506.1 Relief from the requirements of Subtitle C §§ 1503 and 1504 may be granted as a special exception by the Board of Zoning Adjustment subject to:

(a) The special exception requirements of Subtitle X, Chapter 9;

(b) The applicant’s demonstration that reasonable effort has been made for the housing for mechanical equipment, stairway, and elevator penthouses to be in compliance with the required setbacks; and

(1) The strict application of the requirements of this chapter would result in construction that is unduly restrictive, prohibitively costly, or unreasonable, or is inconsistent with building codes;

(2) The relief requested would result in a better design of the penthouse or rooftop structure without appearing to be an extension of the building wall;

(3) The relief requested would result in a penthouse or rooftop structure that is visually less intrusive; or

(4) Operating difficulties such as meeting D.C. Construction Code, Title 12 DCMR requirements for roof access and stairwell separation or elevator stack location to achieve reasonable efficiencies in lower floors; size of Subtitle C § 115 building lot; or other conditions relating to the building or surrounding area make full compliance unduly restrictive, prohibitively costly, or unreasonable.

1506.2 Relief shall not be granted to the setback requirements of Subtitle C § 1504 for a penthouse or rooftop structure located on a building constructed to the maximum height allowed by the Height Act.

1506.3 A request to add penthouse habitable space to a building approved by the Zoning Commission prior to January 8, 2016, as a planned unit development or through the design review process, may be filed as a minor modification for placement on the Zoning Commission consent calendar, pursuant to Subtitle Z § 703, provided:

(a) The penthouse does not require relief from any other penthouse regulation;

(b) The item shall not be placed on a consent calendar for a period of thirty (30) days minimum following the filing of the application; and

(c) The Office of Planning shall submit a report with a recommendation a minimum of seven (7) days in advance of the meeting.

1506.4 In addition to meeting the special exception requirements of Subtitle X § 901, an application made pursuant to Subtitle C § 1506.3, shall include:

(a) A fully dimensioned copy of the approved and proposed roof-plan and elevations as necessary to show the changes;

(b) A written comparison of the proposal to the Zoning Regulations; and

Verification that the affected Advisory Neighborhood Commission has been notified of the request.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 6110 (June 30, 2017); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1506

11-C DCMR § 1507 AFFORDABLE HOUSING PRODUCTION REQUIREMENT GENERATED BY CONSTRUCTION OF PENTHOUSE HABITABLE SPACE

1507.1 The construction of penthouse habitable space on a building that is devoted to entirely non-residential or lodging use shall contribute funds to the Housing Trust Fund in accordance with the procedures and requirements of Subtitle C §§ 1507.6 to 1507.10.

1507.2 The construction of penthouse habitable space on a building that is partially or entirely devoted to residential use is subject to the Inclusionary Zoning set-aside provisions of Subtitle C, Chapter 10, Inclusionary Zoning, at 50% MFI in accordance with Subtitle C §§ 1003.7, 1507.5, and 1507.8(d), except for:

(a) Penthouse space on a multi-family building devoted exclusively to communal rooftop recreation or communal amenity space for the primary use of residents of the building; or

(b) Penthouse space on the roof of single household dwelling or flat.

1507.3 The requirements of this section shall not apply to properties owned by the District government or the Washington Metropolitan Area Transit Authority and used for government or public transportation purposes.

1507.4 The penthouse habitable space set-aside shall be calculated as gross floor area but shall mean “net residential floor area” for purposes of Subtitle C § 1003.

1507.5 Inclusionary units resulting from the set-aside required for penthouse habitable space as described in Subtitle C § 1507.2 shall be provided within the building, except that the affordable housing requirement may be achieved by providing a contribution to the Housing Production Trust Fund consistent with the provisions of Subtitle C §§ 1507.6 through 1507.10, provided that the calculation of the contribution shall be based on the maximum permitted residential FAR when:

(a) The new penthouse habitable space is being provided as an addition to an existing building which is not otherwise undergoing renovations or additions that would result in a new or expanded Inclusionary Zoning requirement within the building;

(b) The penthouse habitable space is being provided on an existing or new building not otherwise subject to Inclusionary Zoning requirements; or

(c) The building is not otherwise required to provide Inclusionary Units for eligible households earning equal to or less than fifty percent (50%) of the MFI if the amount of penthouse habitable space would result in a net floor area set-aside less than the net floor area of the smallest dwelling unit within the building.

1507.6 When the construction of penthouse habitable space results in a contribution to the Housing Trust Fund, the contribution amount and timing shall be in accordance with the provisions of Subtitle C §§ 1507.7 through 1507.10.

1507.7 The required amount of the Housing Trust Fund contribution shall be determined as follows:

(a) First multiply the land area upon which the building is or will be located by the maximum by-right permitted FAR for the proposed use of the building to determine the maximum permitted gross square feet of development on the site;

(b) Second, divide the assessed value of land upon which the building is or will be located by the maximum permitted gross square feet of development to determine a value per square foot;

(c) Third, multiply the value per square foot by the total gross floor area of the penthouse habitable space to be constructed; and

(d) Finally, multiply this sum by fifty percent (50%) to determine the contribution.

1507.8 For the purposes of the calculation of Subtitle C § 1507.7:

(a) The land area upon which the building is or will be located shall include the entire record lot or combination of all tax and air lots comprising the entire record lot regardless of ownership;

(b) The maximum permitted by-right FAR shall be based on the existing or, when applicable, the approved zoning designations, and shall not include any bonuses, credits, zoning relief or flexibility granted, planned unit development density increases, or grandfathered conditions, and shall be determined as follows:

(1) For an entirely non-residential or lodging building, the maximum permitted non-residential FAR shall be used, regardless of the use of the habitable space;

(2) For buildings that are partially or entirely devoted to residential use, the maximum permitted residential FAR shall be used, regardless of the use of the habitable space;

(3) For the Downtown (D) zones, if not otherwise specified, the maximum permitted residential FAR permitted shall be 10 FAR; and

(4) In R and RF zones, projects with a maximum permitted lot occupancy of 40% or less shall use an equivalent of 1.2 FAR, and projects with a maximum permitted lot occupancy of 60% shall use an equivalent of 1.8 FAR;

(c) The assessed value of land shall be the fair market value of the land as indicated in the property tax assessment records of the Office of Tax and Revenue (OTR), at the time the payment is due to be submitted pursuant to Subtitle C §§ 1507.9 and 1507.10; and

(d) The total gross floor area of the penthouse habitable space shall be determined as follows:

(1) For entirely non-residential or lodging buildings, all forms of habitable space shall be included in the total gross floor area of the penthouse habitable space;

(2) For buildings that are partially or entirely devoted to residential use, all forms of habitable space, except space and service spaces devoted exclusively to communal rooftop recreation or amenity space for the primary use of residents of the building, shall be included in the total gross floor area of the penthouse habitable space; and

(3) For purposes of (1) and (2), total gross floor area of the penthouse habitable space includes service spaces such as enclosed hallways, vestibules, washrooms, stairwells and elevators and other service space serving any habitable or non-habitable space; except that stairwells and elevators shall not count toward the total gross floor area of penthouse habitable space for entirely non-residential or lodging buildings.

1507.9 Except as described in Subtitle C § 1507.10, not less than one-half (0.5) of the required total financial contribution shall be made prior to the issuance of a building permit for construction of the penthouse habitable space, and the balance of the total financial contribution shall be made prior to the issuance of a certificate of occupancy for any or all of the building’s penthouse habitable space.

1507.10 Where the proposed penthouse habitable space or the building on which it is located is subject to a Planned Unit Development, or is located on property for which the Zoning Commission approved a Map Amendment no more than five (5) years prior to the filing of the building permit application to construct the penthouse or building, the Housing Production Trust Fund payment required pursuant to Subtitle C §§ 1507.6 through 1507.8, shall be as follows:

(a) Prior to the issuance of a building permit for any penthouse space, not less than one-half (1/2) of the required total Housing Production Trust Fund contribution shall be made in accordance with the calculation of Subtitle C § 1507.7, based on the fair market value of the land as indicated in the property tax assessment records of the OTR at the time that the building permit application is accepted as complete by the Department of Consumer and Regulatory Affairs; and

Prior to the issuance of a certificate of occupancy for any penthouse space, the calculations of Subtitle C § 1507.7 shall be repeated based on the fair market value of the land as indicated in the property tax assessment records of the OTR at the time of certificate of occupancy issuance; and the balance of the required total contribution, minus the amount paid pursuant to the contribution of Subtitle C § 1507.7(a), shall be made.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1507

11-C16 ZONE BOUNDARY LINE CROSSING A LOT

11-C DCMR § 1600 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1600

11-C DCMR § 1601 ZONE BOUNDARY LINE CROSSING A LOT

ZONE BOUNDARY LINE CROSSING A LOT

1601.1 When a zone boundary line divides a lot that was in single ownership on September 6, 2016, the permitted use and density of a structure located on that lot may be determined as follows:

(a) The allowable density for the portion of the lot located in a lesser restrictive use zone may be increased by the density permitted on the portion of the lot located in a more restrictive use zone; provided that no portion of any structure permitted on the lesser restricted portion of the lot shall be extended to the more restrictive portion of the lot;

(b) The additional density authorized in this section shall not result in the building exceeding the maximum bulk permitted on the portion of the lot located in the lesser restrictive use zone;

(1) Any portion of the lot located in an R-1 or R-2 zone shall be deemed to have a density) of 0.4 FAR;

(2) Any portion of the lot located in an R-3 zone shall be deemed to have a density of 0.6 FAR; and

(3) Any portion of the lot located in any RF zone shall be deemed to have a density of 0.9 FAR; and

(4) Any portion of the lot located in any other zone shall be deemed to have a density as permitted in that zone, including IZ where applicable; and

(d) Except for accessory open parking facilities permitted elsewhere in this title, the portion of the lot located in a more restrictive use zone shall be devoted only to required setbacks or courts or other open spaces.

1601.2 For a lot subject to Subtitle C § 1601.1, if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9 the regulations applicable to that portion of a lot located in a lesser restrictive zone that control the use, and height, and bulk of structures may be extended to that portion of the lot in a more restrictive use zone; provided:

(a) The extension shall be limited to that portion of the lot in the more restrictive use zone but not exceeding thirty-five feet (35 ft.);

(b) In authorizing an extension, the Board of Zoning Adjustment shall require compliance with Subtitle C § 1601.1(c);

(c) The extension shall have no adverse effect upon the present character and future development of the neighborhood; and

(d) The Board of Zoning Adjustment may impose requirements pertaining to design, appearance, screening, location of structures, lighting, or any other requirements it deems necessary to protect adjacent or nearby property.

1601.3 For the purpose of interpreting this section, the zones established in this title are listed in the following groups of decreasing use restrictions:

R and MU-11 zones;

RF, RA, MU-1, MU-2, and D-2 zones;

MU-3 through MU-9, MU-15, D-1, D-3 through D-7, NMU zones, and ARTS-1 through ARTS-3 zones;

MU-10, MU-12, MU-13, MU-14, MU-15, and ARTS-4 zones; and

(e) PDR zones.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1601

11-C DCMR § 1602 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1602

11-C DCMR § 1603 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1603

11-C DCMR § 1604 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1604

11-C DCMR § 1605 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1605

11-C DCMR § 1606 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1606

11-C DCMR § 1607 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1607

11-C DCMR § 1608 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1608

11-C DCMR § 1609 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1609

11-C DCMR § 1610 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1610

11-C17 PLAZA

11-C DCMR § 1700 INTRODUCTION

INTRODUCTION

Plaza regulations are intended to provide spaces in private developments that serve as transitional spaces between streets or pedestrian rights-of-ways and the entrances of buildings. These spaces are intended for public use, and may also be used for temporary commercial displays and other activities, such as café seating. The plaza regulations are intended to ensure that such spaces are appropriately designed, including suitable lighting and landscaping.

Plaza space required by specific zones and subject to the standards of this chapter are intended to be publically accessible and are encouraged to be built adjoining other plazas to maximize open space.

Plaza regulations apply only on lots of ten thousand square feet (10,000 sq. ft.) or more in area in the MU-10 and CG-4 zones.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1700

11-C DCMR § 1701 GENERAL PROCEDURES

GENERAL PROCEDURES

Plaza space for new development subject to this chapter shall be located immediately adjacent to the main entrance to the principal building or structure on the lot, and shall serve as a transitional space between the street or pedestrian right-of-way and the building or structure.

Plaza space shall be open to the sky or have a minimum vertical clearance of one (1) story or ten feet (10 ft.).

Plaza space shall be suitably lighted and landscaped for public use, and may be utilized for temporary commercial displays.

Plaza space shall be open and available to the general public on a continuous basis.

Required plaza space shall not be charged against the gross floor area of the building.

Plaza requirements shall be provided as a percentage of lot area.

A plaza may be used by building occupants and visitors for:

Café seating;

Temporary commercial displays;

Access to mass transportation facilities;

Art displays; or

Other similar uses.

Where preferred use space is required and is provided, the requirement to provide plaza space shall not apply.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1701

11-C18 COURTS

11-C DCMR § 1800 INTRODUCTION

INTRODUCTION

Where a court is provided for a building or portion of a building it shall be provided with the area and dimensions required in each zone or as prescribed in the applicable subtitle.

For the purposes of determining court area and dimensions, "residential uses" shall include dwellings, flats, multiple dwellings, hospitals, and community-based residential facilities.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1800

11-C DCMR § 1801 RULES OF MEASUREMENT

RULES OF MEASUREMENT

In the case of a building devoted to both residential and nonresidential uses, the minimum width and area of a court shall be computed as follows:

When the residential and nonresidential uses are located on different floors of the building, the width and area requirements shall be computed for each use at the plane of each floor of the building; and

When the residential and nonresidential uses are located on the same floor of the building, the width and area requirements for that plane shall be computed based on the requirements for a residential building.

No required opening for the admission of light and natural ventilation shall open onto a court niche where the ratio between the width of court niche and the depth of court niche is less than two to one (2:1).

No portion of a court niche shall be farther than three feet (3 ft.) from a point where the court niche is less than three feet (3 ft.) wide.

In the case of an alteration affecting the amount of light and ventilation required by other municipal law or regulation in an existing structure, no legally required window shall be permitted to open onto a court that does not comply with the dimensions in this title.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1801

11-D RESIDENTIAL HOUSE (R) ZONES

11-D1 INTRODUCTION TO RESIDENTIAL HOUSE (R) ZONES

11-D DCMR § 100 GENERAL PROVISIONS

GENERAL PROVISIONS

Subtitle D is to be read and applied in addition to the regulations included in:

(a) Subtitle A, Authority and Applicability;

(b) Subtitle B, Definitions, Rules of Measurement, and Use Categories;

(d) Subtitle U, Use Permissions.

Geographically modified zones are indicated by letters following the base zone name, such as R-1A/TS/NO or R-3/FB.

For those geographically modified zones, the zone boundaries are described in Subtitle W, Specific Zone Boundaries, and identified on the official Zoning Map.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 100

11-D DCMR § 101 PURPOSE AND INTENT

PURPOSE AND INTENT

The Residential House (R) zones are residential zones, designed to provide for stable, low- to moderate-density residential areas suitable for family life and supporting uses.

The R zones are intended to:

(a) Provide for the orderly development and use of land and structures in areas predominantly characterized by low- to moderate-density residential development;

(b) Recognize and reinforce the importance of neighborhood character, walkable neighborhoods, housing affordability, aging in place, preservation of housing stock, improvements to the overall environment, and low- and moderate-density housing to the overall housing mix and health of the city;

(d) Allow for the matter-of-right development of existing lots of record;

(e) Establish minimum lot area and lot width for the subdivision and creation of new lots of record; and

(f) Discourage multiple dwelling unit development.

The purposes of the R-1A and R-1B zones are to:

Protect quiet residential areas now developed with detached houses and adjoining vacant areas likely to be developed for those purposes; and

Stabilize the residential areas and promote a suitable environment for family life.

The R-1A zone is intended to provide for areas predominantly developed with detached houses on large lots.

101.5 The R-1B zone is intended to provide for areas predominantly developed with detached houses on moderately sized lots.

101.6 The purpose of the R-2 zone is to:

(a) Provide for areas with semi-detached houses; and

(b) Protect these areas from invasion by denser types of residential development.

101.7 The R-2 zone is intended to provide for areas predominantly developed with semi-detached houses on moderately sized lots that also contain some detached houses.

101.8 The purpose of the R-3 zone is to allow for row houses, while including areas within which row houses are mingled with detached houses, semi-detached houses, and groups of three (3) or more row houses.

101.9 The R-3 zone is intended to permit attached row houses on small lots.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 101

11-D DCMR § 102 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 102

11-D DCMR § 103 [REPEALED]

[repealed]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 103

11-D DCMR § 104 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 104

11-D DCMR § 105 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 105

11-D DCMR § 106 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 106

11-D2 DEVELOPMENT STANDARDS FOR RESIDENTIAL HOUSE (R) ZONES

11-D DCMR § 200 DEVELOPMENT STANDARDS

DEVELOPMENT STANDARDS

200.1 The development standards of this chapter shall apply to all Residential House (R) zones except as changed by a geographically modified zone.

200.2 The development standards regulate the bulk of buildings and other structures and the spaces around them, including the following:

(a) Height and number of stories;

(b) Density and lot occupancy;

(d) Environmental performance.

200.3 A principal building on a lot in any of the R-1 zones shall be a detached building.

200.4 A principal building on a lot in any of the R-2 zones shall be a detached building or a semi-detached building.

200.5 A principal building on a lot in any of the R-3 zones shall be a detached building, a semi-detached building, or a row building.

200.6 Except for new penthouse habitable space as described in Subtitle C § 1507.2, the Inclusionary Zoning requirements and modifications of Subtitle C, Chapter 10, shall not apply to any of the R-1 zones.

200.7 The Inclusionary Zoning (IZ) requirements and the available IZ modifications to certain development standards shall apply to any of the R-2 and R-3 zones, as specified in Subtitle C, Chapter 10, Inclusionary Zoning, and in the zone-specific development standards of this subtitle.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 200

11-D DCMR § 201 DENSITY

DENSITY

201.1 In all R zones, one (1) principal dwelling unit and one (1) accessory apartment shall be permitted per lot of record, subject to Subtitle U, Use Permissions.

201.2 A public recreation and community center shall not exceed a gross floor area (GFA) of forty thousand square feet (40,000 sq. ft.) unless approved by the Board of Zoning Adjustment as a special exception pursuant to the provisions of Subtitle D § 212.2.

201.3 Except as permitted pursuant to Subtitle D § 212.2, public recreation and community centers shall be permitted a maximum floor area ratio (FAR) as follows:

(a) In any of the R-1 or R-2 zones, the maximum permitted FAR for a public recreation and community center shall be 0.9; and

(b) In any of the R-3 zones, the maximum permitted FAR for a public recreation and community center shall be 1.8.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 201

11-D DCMR § 202 LOT DIMENSIONS

LOT DIMENSIONS

202.1 Except as provided elsewhere in this title, the minimum required lot width and lot area for the creation of a new lot of record shall be as set forth in the following table:

TABLE D § 202.1: MINIMUM LOT WIDTH AND LOT AREA

Zones

Type of Structure

Minimum Lot Width (ft.)

Minimum Lot Area (sq. ft.)

R-1A

All Structures

7,500

R-1B

All Structures

5,000

R-2

Semi-detached

3,000

All Other Structures

4,000

R-3

Row

2,000

Semi-detached

3,000

All Other Structures

4,000

202.2 Except as provided in Subtitle D § 202.3, the minimum dimensions of lots for Mandatory or Voluntary Inclusionary Developments in any of the R-2 and R-3 zones, shall be as set forth in the following table, which incorporates the IZ modifications authorized by Subtitle C § 1002.2:

TABLE D § 202.2: MINIMUM LOT WIDTH AND LOT AREA FOR INCLUSIONARY DEVELOPMENTS

Zones

Type of Structure

Minimum Lot Width (ft.)

Minimum Lot Area (sq. ft.)

R-2

Semi-detached

2,500

Detached

3,200

R-3

All Structures

1,600

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 202

11-D DCMR § 203 HEIGHT

HEIGHT

203.1 Except as provided elsewhere in this title, the maximum height of buildings or structures, not including a penthouse or rooftop structure, and the maximum number of stories shall be as set forth in this section.

203.2 The maximum permitted height of buildings or structures and number of stories, except as provided in Subtitle D §§ 203.3 through 203.6, shall be as set forth in the following table:

TABLE D § 203.2: MAXIMUM HEIGHT AND NUMBER OF STORIES

Zones

Maximum Height, Not Including Penthouse or Rooftop Structure (ft.)

Maximum Number of Stories

R-1

R-2

R-3

203.3 A place of worship may be erected to a height not exceeding sixty feet (60 ft.) and three (3) stories, not including a penthouse or rooftop structure.

203.4 A public recreation and community center may be erected to a height not exceeding forty-five feet (45 ft.) with no limit on number of stories, not including a penthouse or rooftop structure.

203.5 A building or other structure may be erected to a height not exceeding ninety feet (90 ft.) with no limit on number of stories; provided that the building or structure shall be removed from all lot lines of its lot a distance equal to the height of the building or structure above the adjacent natural or finished grade, whichever is the lower in elevation.

203.6 An institutional building or structure may be erected to a height not exceeding ninety feet (90 ft.) with no limit on number of stories; provided that the building or structure shall be removed from all lot lines of its lot a distance of not less than one foot (1 ft.) for each one foot (1 ft.) of height in excess of that authorized in the zone in which it is located.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 203

11-D DCMR § 204 SOLAR ENERGY SYSTEM PROTECTION

SOLAR ENERGY SYSTEM PROTECTION

204.1 Any new semi-detached or row building, or an alteration or addition to an existing semi-detached or row building, including a penthouse or rooftop structure (the “proposed construction”), at the time of application, shall not be designed or constructed such that it will significantly interfere with the operation of a solar energy system on an abutting property, unless agreed to by the owner of the solar energy system, subject to the following:

(a) “Time of application” shall mean the earlier of either:

(1) The Department of Buildings officially accepts as complete the application for the building permit for the proposed construction; or

(2) The Office of Zoning officially accepts as complete an application for zoning relief for the proposed construction;

(b) “Solar energy system” shall mean a solar energy system of at least 2kW in size that, at the time of application, is either:

(1) Legally permitted, installed, and operating; or

(2) Authorized by an issued permit; provided that the permitted solar energy system is operative within six (6) months after the issuance of the solar energy system permit, not including grid interconnection delays caused solely by a utility company connecting to the solar energy system;

(c) “Significantly interfere” shall mean that the proposed construction increases the shading incident on the solar energy system by more than five percent (5%) as determined by a comparative solar shading study acceptable to the Zoning Administrator; and

(d) All applications for the proposed construction, whether for a building permit or for zoning relief, must include one of the following:

(1) An affidavit by the applicant stating that there is no solar energy system on an abutting property;

(2) A comparative solar shading study which meets the minimum standard established by the Zoning Administrator for the purpose of determining the increased annual incident solar shading by percent; or

(3) A written agreement executed by the owner of the impacted solar energy system accepting the interference with the solar energy system.

204.2 The Board of Zoning Adjustment may grant relief from the requirements of Subtitle D § 204.1 as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following conditions:

(a) The application demonstrates the applicant has made its best efforts to minimize and mitigate the potential shading impact to solar energy systems on abutting properties to the extent reasonably practical, including possible design alternatives to the application’s proposed construction and potential solar access easements;

(b) The application shall include illustrations of the shading impact on solar energy systems on abutting properties:

(1) As proposed by the application;

(2) As allowed as a matter of right; and

(3) Of possible design alternatives considered by the applicant; and

(c) The Board may require special treatment and impose reasonable conditions as it deems necessary to mitigate shading impacts identified in the consideration of the application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 204

11-D DCMR § 205 PENTHOUSE AND ROOFTOP STRUCTURE

PENTHOUSE AND ROOFTOP STRUCTURE

205.1 A penthouse or rooftop structure on a single household dwelling or flat shall be permitted pursuant to Subtitle C § 1501.

205.2 A mechanical penthouse or rooftop structure with a maximum height of eighteen feet, six inches (18 ft. 6 in.) shall be permitted on a non-residential building constructed pursuant to Subtitle D §§ 203.3 through 203.6.

205.3 For all other buildings and uses, the maximum permitted height of a penthouse or rooftop structure shall be twelve feet (12 ft.) and one (1) story.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 205

11-D DCMR § 206 FRONT SETBACK

206.1 Except as provided elsewhere in this title, the front setback requirements shall be as set forth in this section.

206.2 For all detached residential buildings, a front setback shall be provided within the range of existing front setbacks of all residential buildings on the same side of the street in the block where the building is proposed.

206.3 For an interior-lot row or semi-detached building, a front setback shall be provided that is no further forward or further back than the building façade of one (1) of the immediately adjoining buildings.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 206

11-D DCMR § 207 REAR YARD

REAR YARD

207.1 Except as provided elsewhere in this title, the minimum required rear yard shall be as set forth in the following table:

TABLE D § 207.1: MINIMUM REAR YARD

Zones

Minimum Rear Yard (ft.)

R-1

R-2

R-3

207.2 In the case of a lot proposed to be used by a public recreation and community center or public library where a rear lot line abuts or adjoins a public open space, recreation area, or reservation, no rear yard shall be required.

207.3 In the case of a building existing on or before May 12, 1958, an extension or addition may be made to the building into the required rear yard; provided, that the extension or addition shall be limited to that portion of the rear yard included in the building area on May 12, 1958.

207.4 Notwithstanding Subtitle D §§ 207.1 through 207.3, a rear wall of a row or semi-detached building shall not be constructed to extend farther than ten feet (10 ft.) beyond the farthest rear wall of any adjoining principal residential building on any adjacent property.

207.5 A rear wall of a row or semi-detached building may be constructed to extend farther than ten feet (10 ft.) beyond the farthest rear wall of any adjoining principal residential building on any adjacent property if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to Subtitle D § 5201 if applicable.

History

SOURCE: Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 65 DCR 8555 (August 17, 2018); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 207

11-D DCMR § 208 SIDE YARD

208.1 Except as provided elsewhere in this title, the minimum side yard requirements shall be as set forth in this section.

208.2 Two (2) side yards, each a minimum of eight feet (8 ft.) in width, shall be provided for all detached buildings.

208.3 In any of the R-2 zones, one (1) side yard, a minimum of eight feet (8 ft.) in width, shall be provided for all semi-detached buildings.

208.4 In any of the R-3 zones, one (1) side yard, a minimum of five feet (5 ft.) in width, shall be provided for all semi-detached buildings.

208.5 No side yards are required for row buildings. An existing detached or semi-detached building shall not be treated as a row building through construction or additions.

208.6 Existing conforming side yards shall not be reduced to a non-conforming width or eliminated.

208.7 In the case of a building with a non-conforming side yard, an extension or addition may be made to the building; provided, that the width of the existing side yard shall not be reduced or eliminated; and provided further, that the width of the side yard adjacent to the extension or addition shall be a minimum of five feet (5 ft.).

208.8 In the case of a lot proposed to be used by a public library or public recreation and community center where a side lot line abuts or adjoins a public open space, recreation area, or reservation, no side yard shall be required.

History

SOURCE: Final Rulemaking published at 67 DCR 13346 (November 13, 2020); as amended by Errata Notice published at 68 DCR 405 (January 8, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 208

11-D DCMR § 209 COURT

209.1 Courts are not required; however, where a court is provided, the court shall have the following minimum dimensions:

TABLE D § 209.1: MINIMUM COURT DIMENSIONS

Type of Structure

Open Court

Minimum Width

Closed Court

Minimum Width

Minimum Area

Single Household Dwellings

Not applicable

All Other Structures

2.5 in. per 1 ft. of height of court,

but not less than 6 ft.

2.5 in. per 1 ft. of height of court, but not less than 12 ft.

Twice the square of the required width of court dimension based on the height of the minimum court width; but not less than 250 sq. ft.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 209

11-D DCMR § 210 LOT OCCUPANCY

210.1 Except as provided elsewhere in this title, the maximum permitted lot occupancy shall be as set forth in the following table:

TABLE D § 210.1: MAXIMUM LOT OCCUPANCY

Zones

Type of Structure

Maximum

Percentage of

Lot Occupancy (%)

R-1

R-2

Public Recreation and Community Center

Places of Worship

All Other Structures

R-3

Public Recreation and Community Center

Places of Worship

Single Household Row Building

All Other Structures

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 210

11-D DCMR § 211 PERVIOUS SURFACE

211.1 Except as provided elsewhere in this title, the minimum required percentage of pervious surface of a lot shall be as set forth in the following table:

TABLE D § 211.1: MINIMUM PERVIOUS SURFACE

Zones

Type of Structure

Minimum Percentage of Pervious Surface (%)

R-1

Public Recreation and Community Center

All Other Structures

R-2

All Structures

R-3

Public Recreation and Community Center

All Other Structures

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 211

11-D DCMR § 212 SPECIAL EXCEPTION FOR PUBLIC LIBRARIES AND PUBLIC RECREATION AND COMMUNITY CENTERS

212.1 Relief from the development standards of this subtitle may be permitted for public libraries if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9.

212.2 Relief from the development standards of this subtitle may be permitted for public recreation and community centers if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following conditions:

Relief from the GFA limitations of Subtitle D § 201.2 and the FAR limitations of Subtitle D § 201.3(a) shall be limited to a maximum of 1.8 FAR; and

(b) Relief from the lot occupancy limitations of Subtitle D § 210.1 shall be limited to a maximum forty percent (40%) lot occupancy provided the applicant demonstrates to the Board’s satisfaction that the proposed increase is consistent with the Department of Parks and Recreation’s policy of preserving open space.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 212

11-D3 TREE AND SLOPE PROTECTION RESIDENTIAL HOUSE ZONES – R-1A/TS AND R-1B/TS

11-D DCMR § 300 PURPOSE AND INTENT

The base zone development standards in Subtitle D, Chapter 2 shall apply to the R-1A/TS and R-1B/TS zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

In addition to the purposes of the R-1 zones, the purposes of the Tree and Slope Protection Residential House (R-1A/TS and R-1B/TS) zones are to:

(a) Preserve and enhance the park-like setting of designated neighborhoods adjacent to streams or parks by regulating alteration or disturbance of terrain, destruction of trees, and ground coverage of permitted buildings and other impervious surfaces

(b) Preserve the natural topography and mature trees to the maximum extent feasible in a residential neighborhood;

(c) Prevent significant adverse impact on adjacent open space, parkland, stream beds, or other environmentally sensitive natural areas; and

(d) Limit permitted ground coverage of new and expanded buildings and other construction, so as to encourage a general compatibility between the siting of new buildings and the existing neighborhood.

The R-1A/TS and R-1B/TS zones shall be mapped in residential neighborhoods that are located at the edge of stream beds or public open spaces and that have a significant quantity of steep slopes, stands of mature trees, and undeveloped lots and parcels subject to potential terrain alteration and tree removal. It is not suitable for mapping in neighborhoods where nearly all lots are already developed on a rectangular grid system and the existing mature trees are either yard trees or street trees.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 300

11-D DCMR § 301 TREE PROTECTION

TREE PROTECTION

301.1 The tree protection regulations of Subtitle C, Chapter 4, shall apply to the R-1A/TS and R-1B/TS zones.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 301

11-D DCMR § 302 LOT OCCUPANCY

LOT OCCUPANCY

302.1 In the R-1A/TS and R-1B/TS zones, except for public recreation and community centers, the maximum permitted lot occupancy for all structures shall be thirty percent (30%).

302.2 In the R-1A/TS and R-1B/TS zones, the maximum permitted lot occupancy for public recreation and community centers shall be as set forth in Subtitle D § 210.1.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 302

11-D DCMR § 303 [repealed]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 303

11-D DCMR § 304 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 304

11-D DCMR § 305 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 305

11-D DCMR § 306 [repealed]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 4055 (April 28, 2017); as amended by Final Rulemaking published at 64 DCR 8416 (August 25, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 306

11-D DCMR § 307 [repealed]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 307

11-D DCMR § 308 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 308

11-D DCMR § 309 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 309

11-D DCMR § 310 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 310

11-D4 FOREST HILLS TREE AND SLOPE RESIDENTIAL HOUSE ZONES – R-1A/FH, R-1B/FH, AND R-2/FH

11-D DCMR § 400 PURPOSE AND INTENT

PURPOSE AND INTENT

The base zone development standards in Subtitle D, Chapter 2 shall apply to the R-1A/FH, R-1B/FH, and R-2/FH zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

In addition to the purposes of the R-1 and R-2 zones, the purposes of the Forest Hills Tree and Slope Protection Residential House (R-1A/FH, R-1B/FH, and R 2/FH) zones are to:

Preserve and enhance the park-like setting of designated neighborhoods bounded by Connecticut Avenue and Thirty-Second Street on the west, Rock Creek Park on the east, Fort Circle National Park and Nevada Avenue, N.W. on the north, and Melvin C. Hazen Park and adjacent to streams and parks on the south, by regulating alteration or disturbance of terrain, destruction of trees, and the ground coverage of permitted buildings and other impervious surfaces. It includes Soapstone Valley Park as well as Melvin C. Hazen Park;

(b) Preserve the natural topography and mature trees to the maximum extent feasible in the Forest Hills neighborhoods;

(c) Prevent significant adverse impact on adjacent open space, parkland, stream beds, or other environmentally sensitive natural areas; and

(d) Limit permitted ground coverage of new and expanded buildings and other construction, so as to encourage a general compatibility between the siting of new buildings or construction and the existing neighborhood.

The R-1A/FH, R-1B/FH, and R-2/FH zones have a significant quantity of steep slopes, stands of mature trees, are located at the edge of stream beds and public open spaces, and have undeveloped lots and parcels subject to potential terrain alteration and tree removal. Few lots are developed on a rectangular grid system.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 400

11-D DCMR § 401 TREE PROTECTION

TREE PROTECTION

401.1 The provisions of this section shall apply to R-1A/FH zoned lots in Squares 2042, 2043, 2046, 2049, 2231, 2232, 2238, 2239, 2244 through 2248, 2250, 2258, 2272, and 2282.

401.2 The tree protection regulations of Subtitle C, Chapter 4 shall apply.

401.3 To the extent that any person seeks permission for building or terrain alteration on a lot with a slope steeper than twenty-five percent (25%) or with "highly erodible land" as defined at 7 C.F.R. § 12.2 (2005), a professional certification that the plans for alteration and/or construction will follow best geo-technical, structural engineering, and arboreal practices shall be supplied with the building permit application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 401

11-D DCMR § 402 LOT DIMENSIONS

LOT DIMENSIONS

402.1 In the R-1A/FH zone, the minimum required lot width and lot area for the creation of a new lot of record shall be as set forth in the following table:

TABLE D § 402.1: MINIMUM LOT WIDTH AND LOT AREA

Zone

Square

Type of Structure

Minimum Lot Width (ft.)

Minimum Lot Area (sq. ft.)

R-1A/FH

Lots in Squares 2042, 2043, 2046, 2049, 2231, 2232, 2238, 2239, 2244 through 2248, 2250, 2258, 2272, and 2282

All Structures

9,500

Lots in all other Squares

All Structures

7,500

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 402

11-D DCMR § 403 SIDE YARD

SIDE YARD

403.1 In the R-1A/FH, R-1B/FH, and R-2/FH zones, the minimum side yard requirement for all buildings, accessory buildings, or additions to buildings shall be twenty-four feet (24 ft.) in the aggregate, with no single side yard having a width of less than eight feet (8 ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 403

11-D DCMR § 404 LOT OCCUPANCY

LOT OCCUPANCY

404.1 In the R-1A/FH, R-1B/FH, and R-2/FH zones, except for public recreation and community centers, the maximum permitted lot occupancy for all structures shall be thirty percent (30%).

404.2 In the R-1A/FH, R-1B/FH, and R-2/FH zones, the maximum permitted lot occupancy for public recreation and community centers shall be as set forth in Subtitle D § 210.1.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 404

11-D DCMR § 405 PERVIOUS SURFACE

PERVIOUS SURFACE

405.1 In the R-1A/FH, R-1B/FH, and R-2/FH zones, the minimum required percentage of pervious surface of a lot shall be fifty percent (50%); provided this subsection shall not:

(a) Preclude enlargement of a principal building in existence as of May 18, 2007; or

(b) Create nonconformity of a structure as regulated by this title.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 405

11-D DCMR § 406 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 406

11-D DCMR § 407 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 407

11-D DCMR § 408 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 340 (January 13, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 408

11-D DCMR § 409 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 409

11-D DCMR § 410 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 410

11-D DCMR § 411 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 411

11-D5 NAVAL OBSERVATORY/TREE AND SLOPE RESIDENTIAL HOUSE ZONE - R-1A/TS/NO

11-D DCMR § 500 PURPOSE AND INTENT

PURPOSE AND INTENT

500.1 The base zone development standards in Subtitle D, Chapter 2 shall apply to the R-1A/TS/NO zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

500.2 In addition to the purposes of the R-1 zones, the purposes of the Tree and Slope Protection/Naval Observatory Residential House (R-1A/TS/NO) zone are to:

(a) Promote the public health, safety, and general welfare on land adjacent to or in close proximity to the highly sensitive and historically important Naval Observatory in keeping with the goals and policies of the Federal and District elements of the Comprehensive Plan and the adopted Master Plan for that facility;

(b) Ensure that public land within the zone shall be used in a manner consistent with the historic or ceremonial importance and special missions of the Naval Observatory;

(d) Protect Federal interest concerns, including the critical scientific mission performed at the Naval Observatory and the security needs of the Vice President's residence; and

(e) Reduce or eliminate any possible harm or restrictions on the mission of the Federal establishment within the zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 500

11-D DCMR § 501 TREE PROTECTION

501.1 The tree protection regulations of Subtitle C, Chapter 4, shall apply to the R-1A/TS/NO zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 501

11-D DCMR § 502 HEIGHT

HEIGHT

502.1 In the R-1A/TS/NO zone, the maximum permitted height and number of stories for all buildings, not including a penthouse or rooftop structure, shall be forty feet (40 ft.) and three (3) stories.

502.2 In the R-1A/TS/NO zone, the height of a building shall be measured as follows:

(a) The height of a building shall be the vertical distance measured from the level of the curb opposite the middle of the front of the building to the highest point of the roof or parapet; and

The curb elevation opposite the middle of the front of the building shall be determined as the average elevation of the lot from its front line to its rear line.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 502

11-D DCMR § 503 PENTHOUSE AND ROOFTOP STRUCTURE

PENTHOUSE AND ROOFTOP STRUCTURE

503.1 A mechanical penthouse or rooftop structure with a maximum height of fifteen feet (15 ft.) and one (1) story shall be permitted on a place of worship, public recreation and community center, or an institutional building.

503.2 A penthouse or rooftop structure permitted by this section shall contain no form of habitable space, other than ancillary space associated with a rooftop deck.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 503

11-D DCMR § 504 LOT OCCUPANCY

LOT OCCUPANCY

504.1 In the R-1A/TS/NO zone, except public recreation and community centers, the maximum permitted lot occupancy for all structures shall be thirty percent (30%).

504.2 In the R-1A/TS/NO zone, the maximum permitted lot occupancy for public recreation and community centers shall be as set forth in Subtitle D § 210.1.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 504

11-D DCMR § 505 PLANNED UNIT DEVELOPMENT

PLANNED UNIT DEVELOPMENT

505.1 In the R-1A/TS/NO zone, the provisions of Subtitle X, Chapter 3, shall not operate to permit a planned unit development to exceed the height limits of Subtitle D 502, or the area, bulk, and yard standards that apply as a matter of right in the R-1A zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 505

11-D DCMR § 506 SPECIAL EXCEPTION REVIEW CRITERIA

SPECIAL EXCEPTION REVIEW CRITERIA

506.1 In reviewing an application for a special exception in the R-1A/TS/NO zone, in addition to the applicable criteria of this title and of Subtitle X, Chapter 9, the Board of Zoning Adjustment shall consider whether the proposed development is compatible with the following:

(a) Present and proposed development within and adjacent to the R-1A/TS/NO zone;

(b) Goals, objectives, and policies pertaining to federal facilities, as found in the Comprehensive Plan and the Master Plans for the federal facilities within the R-1A/TS/NO zone; and

(c) Role, mission, and functions of the federal facilities within the R-1A/TS/NO zone, considering the effect that the proposed development would have on such facilities.

506.2 Before taking action on an application, the Board of Zoning Adjustment shall submit the application to the following agencies for review and written reports:

(a) Office of Planning;

(b) District Department of Transportation;

(d) The Historic Preservation Office if a historic district or historic landmark is involved; and

(e) The National Capital Planning Commission.

506.3 The Board of Zoning Adjustment may require special treatment and impose reasonable conditions as it deems necessary to mitigate any adverse impact identified in the consideration of the application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 506

11-D DCMR § 507 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 507

11-D DCMR § 508 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 340 (January 13, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 508

11-D DCMR § 509 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 509

11-D DCMR § 510 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 510

11-D DCMR § 511 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 511

11-D6 NAVAL OBSERVATORY RESIDENTIAL HOUSE ZONES - R-1B/NO AND R-3/NO

11-D DCMR § 600 PURPOSE AND INTENT

PURPOSE AND INTENT

600.1 The base zone development standards in Subtitle D, Chapter 2 shall apply to the R-1B/NO and R-3/NO zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

600.2 In addition to the purposes of the R-1 and R-3 zones, the purposes of the Naval Observatory Residential House (R-1B/NO and R-3/NO) zones are to:

(b) Ensure that public land within the zone shall be used in a manner consistent with the historic or ceremonial importance and special missions of the Naval Observatory;

(d) Protect Federal interest concerns, including the critical scientific mission performed at the Naval Observatory and the security needs of the Vice-President's residence; and

(e) Reduce or eliminate any possible harm or restrictions on the mission of the Federal establishment within the zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 600

11-D DCMR § 601 HEIGHT

HEIGHT

601.1 In the R-1B/NO and R-3/NO zones, the maximum permitted height and number of stories for all buildings, not including a penthouse or rooftop structure, shall be forty feet (40 ft.) and three (3) stories.

601.2 In the R-1B/NO and R-3/NO zones, the height of a building shall be measured as follows:

(a) The height of a building shall be the vertical distance measured from the level of the curb opposite the middle of the front of the building to the highest point of the roof or parapet; and

(b) The curb elevation opposite the middle of the front of the building shall be determined as the average elevation of the lot from its front line to its rear line.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 601

11-D DCMR § 602 PENTHOUSE AND ROOFTOP STRUCTURE

PENTHOUSE AND ROOFTOP STRUCTURE

602.1 A mechanical penthouse or rooftop structure with a maximum height of fifteen feet (15 ft.) and one (1) story shall be permitted on a place of worship, public recreation and community center, or an institutional building.

602.2 A penthouse or rooftop structure permitted by this section shall contain no form of habitable space, other than ancillary space associated with a rooftop deck.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 602

11-D DCMR § 603 PLANNED UNIT DEVELOPMENT

PLANNED UNIT DEVELOPMENT

603.1 In the R-1B/NO zone, the provisions of Subtitle X, Chapter 3, shall not operate to permit a planned unit development to exceed the height limits of Subtitle D § 601, or the area, bulk, and yard standards that apply as a matter of right in the R-1B zone.

603.2 In the R-3/NO zone, the provisions of Subtitle X, Chapter 3, shall not operate to permit a planned unit development to exceed the height limits of Subtitle D § 601, or the area, bulk, and yard standards that apply as a matter of right in the R-3 zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 603

11-D DCMR § 604 SPECIAL EXCEPTION REVIEW CRITERIA

SPECIAL EXCEPTION REVIEW CRITERIA

604.1 In reviewing an application for a special exception in the R-1B/NO or R-3/NO zones, in addition to the applicable criteria of this subtitle and of Subtitle X, Chapter 9, the Board of Zoning Adjustment shall consider whether the proposed development is compatible with the following:

(a) Present and proposed development within and adjacent to the subject zone;

(b) Goals, objectives, and policies pertaining to federal facilities, as found in the Comprehensive Plan and the Master Plans for the federal facilities within the subject zone; and

(c) Role, mission, and functions of the federal facilities within the subject zone, considering the effect that the proposed development would have on such facilities.

604.2 Before taking action on an application, the Board of Zoning Adjustment shall submit the application to the following agencies for review and written reports:

(a) The Office of Planning;

(b) The District Department of Transportation;

(d) The Historic Preservation Office if a historic district or historic landmark is involved; and

(e) The National Capital Planning Commission.

604.3 The Board of Zoning Adjustment may require special treatment and impose reasonable conditions as it deems necessary to mitigate any adverse impact identified in the consideration of the application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 604

11-D DCMR § 605 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 605

11-D DCMR § 606 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 606

11-D DCMR § 607 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 607

11-D DCMR § 608 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 608

11-D DCMR § 609 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 609

11-D DCMR § 610 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 610

11-D DCMR § 611 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 611

11-D7 WESLEY HEIGHTS RESIDENTIAL HOUSE ZONES - R-1A/WH AND R-1B/WH

11-D DCMR § 700 PURPOSE AND INTENT

PURPOSE AND INTENT

700.1 The base zone development standards in Subtitle D, Chapter 2 shall apply to the R-1A/WH and R-1B/WH zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

700.2 In addition to the purposes of the R-1 zones, the purposes of the Wesley Heights Residential House (R-1A/WH and R-1B/WH) zones are to:

(a) Preserve and enhance the low-density character of Wesley Heights by regulating construction and alteration of residential and other buildings in the area;

(b) Preserve in general the current density of the neighborhood;

(d) Preserve existing trees, access to air and light, and the harmonious design and attractive appearance of the neighborhood.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 700

11-D DCMR § 701 DENSITY

DENSITY

701.1 In the R-1A/WH and R-1B/WH zones, the GFA of all buildings and structures on a lot shall not exceed the sum of two thousand square feet (2,000 sq. ft.) plus forty percent (40%) of the area of the lot, subject to the following:

(a) GFA shall not include:

(1) The first two hundred square feet (200 sq. ft.) of an open porch, or total open porch space if there is more than one (1) open porch; and

(2) The first six hundred square feet (600 sq. ft.) of a garage shall not count in GFA; and

(b) GFA shall include basement or cellar floor area with a finished floor and a floor-to-ceiling height in excess of six feet, six inches (6 ft., 6 in.); provided that this addition to GFA shall count only up to a floor area equal to five (5) times the total fenestration area for the entire basement or cellar floor area, including that with unfinished floor and floor-to-ceiling heights below six feet, six inches (6 ft., 6 in.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 701

11-D DCMR § 702 FRONT SETBACK

FRONT SETBACK

702.1 In the R-1A/WH and R-1B/WH zones, all residential buildings shall have a front setback equal to or greater than the average setback of all structures on the same side of the street in the block where the building in question is located as depicted in the map entitled, "Required Front Yard Setbacks," which is a part of this zone and located in the Office of Zoning and in the Office of the Zoning Administrator at the Department of Buildings.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 702

11-D DCMR § 703 LOT OCCUPANCY

LOT OCCUPANCY

703.1 In the R-1A/WH and R-1B/WH zones, except for public recreation and community centers, the maximum permitted lot occupancy for all structures shall be thirty percent (30%); except that:

(a) Structures on lots between five thousand square feet (5,000 sq. ft.) and six thousand six hundred and sixty-seven square feet (6,667 sq. ft.) may occupy up to two thousand square feet (2,000 sq. ft.); and

(b) Structures on lots less than five thousand square feet (5,000 sq. ft.) may occupy up to forty percent (40%) of the area of the lot.

703.2 In the R-1A/WH and R-1B/WH zones, the maximum permitted lot occupancy for public recreation and community centers shall be as set forth in Subtitle D § 210.1.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 703

11-D DCMR § 704 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 704

11-D DCMR § 705 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 705

11-D DCMR § 706 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 4055 (April 28, 2017); as amended by Final Rulemaking published at 64 DCR 8416 (August 25, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Errata Notice published at 67 DCR 11226 (September 25, 2020); as amended by Final Rulemaking published at 69 DCR 000896 (February 4, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 706

11-D DCMR § 707 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 707

11-D DCMR § 708 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 340 (January 13, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 708

11-D DCMR § 709 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 709

11-D DCMR § 710 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 710

11-D8 SIXTEENTH STREET HEIGHTS RESIDENTIAL HOUSE ZONES – R-1B/SH

11-D DCMR § 800 PURPOSE AND INTENT

PURPOSE AND INTENT

800.1 The base zone development standards in Subtitle D, Chapter 2 shall apply to the R-1B/SH zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

800.2 In addition to the purposes of the R-1 zones, the purposes of the Sixteenth Street Heights Residential House (R-1B/SH) zone are to:

(a) Promote the conservation, enhancement, and stability of the low-density, single dwelling unit neighborhood for housing and neighborhood-related uses;

(b) Control the expansion of nonresidential uses, and/or further conversion of residential housing to nonresidential uses in order to maintain the housing supply and minimize the external negative impacts of new nonresidential uses that are permitted in the R-1B/SH zone in order to preserve neighborhood quality; and

(c) Allow neighborhoods to continue to provide a range of health and social service facilities as well as private institutions that provide cultural and religious enrichment and economic vitality, but within the framework of improved public review and control over the external effects of nonresidential uses. The objective is to make more compatible the Comprehensive Plan's goals and policies for maintaining the quality and stability of residential neighborhoods with other policies related to the reasonable provision of human services throughout the District of Columbia.

800.3 The R-1B/SH zone is intended to:

(a) Respond to concerns that over a period of years approximately one (1) in every ten (10) houses in the R-1B/SH zone north of Colorado Avenue, N.W. has been converted to a nonresidential use, a much higher ratio than has been identified for any other similarly zoned neighborhood in the District of Columbia; and south of Colorado Avenue, N.W., address concerns that more than twenty percent (20%) of the residentially zoned land is used for nonresidential purposes;

(b) Recognize that the neighborhood accommodates a significant number and range of human service facilities and private institutions to an extent that new and significantly expanded nonresidential use facilities should be governed by improved public review to ameliorate adverse impacts on immediate and nearby neighbors and to preserve a predominantly single dwelling unit residential character;

(c) Respond to the District of Columbia Comprehensive Plan’s identification of the number of nonresidential uses in the neighborhood as a problem; and

(d) Address the impacts of the number of nonresidential uses and the conversion of houses to these uses in the neighborhood as reflected in the Comprehensive Plan.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 800

11-D DCMR § 801 USE PERMISSIONS

USE PERMISSIONS

801.1 The use permissions for the R-1B/SH zone shall be subject to the conditions of Subtitle U §§ 204 and 205.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 801

11-D DCMR § 802 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as corrected by Errata Notice published at 66 DCR 15227 (November 15, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 802

11-D DCMR § 803 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 803

11-D DCMR § 804 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 804

11-D DCMR § 805 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 805

11-D DCMR § 806 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 806

11-D DCMR § 807 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 807

11-D DCMR § 808 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 340 (January 13, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 808

11-D DCMR § 809 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 809

11-D DCMR § 810 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 810

11-D9 FOGGY BOTTOM RESIDENTIAL HOUSE ZONES - R-3/FB

11-D DCMR § 900 PURPOSE AND INTENT

PURPOSE AND INTENT

900.1 The base zone development standards in Subtitle D, Chapter 2 shall apply to the R-3/FB zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

900.2 In addition to the purposes of the R-3 zone, the purposes of the Foggy Bottom Residential House (R-3/FB) zone are to:

(a) Enhance the residential character of the area by maintaining existing low-scale residential uses, human scale streetscape, and historic character;

(b) Enhance the human-scale streetscape by maintaining the public space in front of the buildings as landscaped green spaces and limiting future curb cuts;

(c) Require a scale of development consistent with the Comprehensive Plan; and the characteristics of the low scale residential row house neighborhood that formed the basis on which the area was designated a historic district;

(d) Protect the integrity of the historic district, its small scale, and open spaces; require compatibility of any development with the purposes of the Historic Landmark and Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law 2-144, as amended; D.C. Official Code §§ 6-1101 to 6-1115 (2012 Repl.), formerly codified at D.C. Official Code §§ 5-1001 to 5-1015 (1994 Repl. & 1999 Supp.)), and preclude demolitions or partial demolitions that would lead to an increase in height and density inappropriate to the area;

(e) Preserve areas planned as open backyards and alleyways that provide the only access to historic alley dwellings, and to protect the light, air, and privacy that they provide; and

(f) Encourage greater use of public transportation through use of the nearby Metrorail Station, so as to protect the narrow residential streets and alleys from the deleterious effects of disruptive excessive traffic.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 900

11-D DCMR § 901 MISCELLANEOUS

MISCELLANEOUS

901.1 Buildings constructed on or before April 17, 1992, and existing legitimate uses within the buildings shall be deemed conforming, except that no addition, replacement, or expansion of the building, or change in use (except to a more conforming residential use other than a dormitory) shall be permitted unless in conformance with the requirements of the R-3/FB zone.

901.2 If any building is destroyed by fire, collapse, explosion, or act of God, it may be reconstructed or restored to its previous condition or to a more conforming residential condition other than a dormitory. Excluded from this provision are uses that:

(a) Were nonconforming prior to April 17, 1992; and

(b) Not authorized by relief granted by the Board of Zoning Adjustment.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 901

11-D DCMR § 902 PLANNED UNIT DEVELOPMENT

PLANNED UNIT DEVELOPMENT

902.1 In the R-3/FB zone, the matter-of-right limits on building height, floor area ratio, and penthouse and rooftop structure height of Subtitle D § Chapter 2 shall serve as the maximum permitted building height, floor area ratio, and penthouse and roof structure height for a planned unit development.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 902

11-D DCMR § 903 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 903

11-D DCMR § 904 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 904

11-D DCMR § 905 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 905

11-D DCMR § 906 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 906

11-D DCMR § 907 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 907

11-D DCMR § 908 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 908

11-D DCMR § 909 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 909

11-D DCMR § 910 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 910

11-D10 CHAIN BRIDGE ROAD/UNIVERSITY TERRACE RESIDENTIAL HOUSE ZONE – R-1A/CBUT

11-D DCMR § 1000 PURPOSE AND INTENT

PURPOSE AND INTENT

1000.1 The base zone development standards in Subtitle D, Chapter 2 shall apply to the R-1A/CBUT zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

1000.2 In addition to the purposes of the R-1A zone, the purposes of the Chain Bridge Road/University Terrace Residential House (R-1A/CBUT) zone are to:

(a) Provide for areas predominantly developed with detached houses on large lots;

(b) Preserve and enhance the park-like setting of the area by regulating alteration or disturbance of terrain, destruction of trees, and ground coverage of permitted buildings and other impervious surfaces, and by providing for widely spaced residences;

(d) Prevent significant adverse impact on adjacent open space, parkland, stream beds, or other environmentally sensitive natural areas;

(e) Limit permitted ground coverage of new and expanded buildings and other construction, so as to encourage a general compatibility between the siting of new buildings or construction and the existing neighborhood; and

(f) Limit the minimum size of lots so as to prevent significant adverse impact on existing infrastructure, especially on traffic and pedestrian safety, and to achieve the other purposes listed in this subsection.

1000.3 The R-1A/CBUT zone applies to the area bounded on the south by MacArthur Boulevard, on the east by Battery Kemble Park/Chain Bridge Road, on the north by Loughboro Road/Nebraska Avenue, and on the west by University Terrace.

1000.4 The R-1A/CBUT zone is mapped on a residential neighborhood, located at the edge of stream beds and public open spaces that have steep slopes, substantial stands of mature trees, and undeveloped lots and parcels subject to potential terrain alteration and tree removal.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1000

11-D DCMR § 1001 LOT DIMENSIONS

LOT DIMENSIONS

1001.1 In the R-1A/CBUT zone, the minimum required lot width and lot area for the creation of a new lot of record shall be as set forth in the following table:

TABLE D § 1001.1: MINIMUM LOT WIDTH AND LOT AREA

Zone

Minimum Lot Width (ft.)

Minimum Lot Area (sq. ft.)

R-1A/CBUT

9,500 for lots created for dwellings after July 20, 1999

7,500 for all other lots

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1001

11-D DCMR § 1002 LOT OCCUPANCY

1002.1 In the R-1A/CBUT zone, the maximum permitted lot occupancy for lots that are less than six thousand five hundred square feet (6,500 sq. ft.) shall be forty percent (40%).

1002.2 In the R-1A/CBUT zone, the maximum permitted lot occupancy for lots that are between six thousand five hundred square feet (6,500 sq. ft.) and eight thousand nine hundred and ninety-nine square feet (8,999 sq. ft.) shall be thirty-five percent (35%), but not less than two thousand six hundred square feet (2,600 sq. ft.).

1002.3 In the R-1A/CBUT zone, the maximum permitted lot occupancy for lots that are over nine thousand square feet (9,000 sq. ft.) shall be thirty percent (30%), but not less than three thousand one hundred and fifty square feet (3,150 sq. ft.).

1002.4 Notwithstanding Subtitle D §§ 1002.1 through 1002.3, the maximum permitted lot occupancy for public recreation and community centers shall be as set forth in Subtitle D § 210.1.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1002

11-D DCMR § 1003 PERVIOUS SURFACE

PERVIOUS SURFACE

1003.1 In the R-1A/CBUT zone, the minimum percentage of pervious surface of a lot, shall be fifty percent (50%), provided that this subsection shall not:

(a) Preclude enlargement of a principal building in existence as of July 30, 1999; or

(b) Create nonconformity of a structure as regulated by Subtitle C, Chapter 2.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1003

11-D DCMR § 1004 TREE PROTECTION

TREE PROTECTION

1004.1 The tree protection regulations of Subtitle C, Chapter 4, shall apply to the R-1A/CBUT zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1004

11-D DCMR § 1005 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1005

11-D DCMR § 1006 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 4055 (April 28, 2017); as amended by Final Rulemaking published at 64 DCR 8416 (August 25, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Errata Notice published at 67 DCR 11226 (September 25, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1006

11-D DCMR § 1007 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1007

11-D DCMR § 1008 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1008

11-D DCMR § 1009 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1009

11-D DCMR § 1010 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1010

11-D DCMR § 1011 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1011

11-D11 GEORGETOWN RESIDENTIAL HOUSE ZONES – R-1B/GT AND R-3/GT

11-D DCMR § 1100 PURPOSE AND INTENT

1100.1 The base zone development standards in Subtitle D, Chapter 2 shall apply to the R-1B/GT and R-3/GT zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

1100.2 In addition to the purposes of the R-1B and R-3 zones, the purposes of the Georgetown Residential House (R-1B/GT and R-3/GT) zones are to:

(a) Protect the Georgetown National Historic Landmark District and its historic character, buildings, and open space in a manner consistent with the goals and mandates of the Historic Landmark and Historic District Protection Act of 1978, and the Old Georgetown Act, approved September 22, 1950 (64 Stat. 903; D.C. Official Code §§ 6-1201-1206);

(b) Protect the integrity of “contributing buildings,” as that term is defined by the Historic Landmark and Historic District Protection Act of 1978;

(c) Recognize the compatibility of any development with the purposes of the Old Georgetown Act and the Historic Landmark and Historic District Protection Act of 1978;

(d) Limit permitted ground coverage of new and expanded buildings and other construction to encourage a general compatibility between the siting of new or expanded buildings and the existing neighborhood; and

(e) Retain the quiet residential character of these areas and control compatible nonresidential uses.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1100

11-D DCMR § 1101 HEIGHT

1101.1 Except as provided in Subtitle D §§ 203.3 through 203.6, in the R-1B/GT and R-3/GT zones, the maximum permitted height and number of stories for buildings shall be as follows:

Thirty-five feet (35 ft.) and three (3) stories, not including a penthouse or rooftop structure; or

Forty feet (40 ft.), not including a penthouse or rooftop structure, only if a property adjacent on either side has a building height of forty feet (40 ft.) or greater.

1101.2 In the R-1B/GT and R-3/GT zones, the maximum height of a building shall be measured to the highest point of the roof or a parapet which is not a required firewall.

1101.3 In R-1B/GT and R-3/GT zones, a two (2) or more story addition to a principal building which has an existing second story side yard shall not exceed the vertical plane of that yard for the length of the second story addition.

1101.4 In R-1B/GT and R-3/GT zones, any parapet, pergola, railing, or similar rooftop structure, or penthouse shall not exceed the permitted building height by more than four feet (4 ft.).

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1101

11-D DCMR § 1102 LOT OCCUPANCY

1102.1 In the R-3/GT zone, a detached or semi-detached building shall not be considered a row building for the purposes of lot occupancy through the use of building or structure additions that reduce an otherwise required or permitted side yard for a detached or semi-detached building.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1102

11-D DCMR § 1103 FRONT SETBACK

1103.1 In the R-3/GT zone, a front setback consistent with at least one (1) of the immediately adjacent properties on either side shall be provided.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1103

11-D DCMR § 1104 SIDE YARD

1104.1 In the R-3/GT zone, two (2) side yards, each a minimum of five feet (5 ft.) in width, shall be provided for all detached buildings.

1104.2 In the case of a building with a non-conforming side yard, an extension or addition may be made to the building; provided, that the width of the existing side yard shall not be decreased; and provided further, that the width of the side yard adjacent to the extension or addition shall be a minimum of five feet (5 ft.) in the R-1B/GT zone and a minimum of three feet (3 ft.) in the R-3/GT zone.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1104

11-D DCMR § 1105 ACCESSORY BUILDINGS

1105.1 In the R-1B/GT and R-3/GT zones, notwithstanding Subtitle D § 5000, accessory buildings shall be subject to the development standards of this section.

1105.2 In the R-1B/GT and R-3/GT zones, except for a shed, an accessory building shall be located facing an alley or private alley to which the owner has access by an easement recorded with the Recorder of Deeds, and shall be set back a maximum of five feet (5 ft.) from the rear property line or a line perpendicular to the façade of the principal building, and shall be set back a minimum of three feet (3 ft.) from a side lot line, except that no set back shall be required where the side lot line of the property abuts an alley or street.

1105.3 In the R-1B/GT zone, an accessory building within five feet (5 ft.) of a public or private vehicular alley may have a maximum height of twenty-two feet (22 ft.), a maximum building area of six hundred and fifty square feet (650 sq. ft.) and a maximum number of two (2) stories.

1105.4 In the R-3/GT zone, an accessory building within five feet (5 ft.) of a public or private vehicular alley may have a maximum height of twenty-two feet (22 ft.), a maximum building area of five hundred and fifty square feet (550 sq. ft.) and a maximum number of two (2) stories.

1105.5 In the R-1B/GT and R-3/GT zones, a shed may be permitted in a required rear or side yard provided it is at least five feet (5 ft.) from a public or private vehicular alley.

1105.6 In the R-1B/GT and R-3/GT zones, roof decks are prohibited.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1105

11-D12 [RESERVED]

11-D DCMR § 1200 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1200

11-D DCMR § 1201 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1201

11-D DCMR § 1202 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1202

11-D DCMR § 1203 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 6110 (June 30, 2017); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1203

11-D DCMR § 1204 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1204

11-D DCMR § 1205 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1205

11-D DCMR § 1206 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 4055 (April 28, 2017); as amended by Final Rulemaking published at 64 DCR 8416 (August 25, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Errata Notice published at 67 DCR 11226 (September 25, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1206

11-D DCMR § 1207 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1207

11-D DCMR § 1208 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1208

11-D DCMR § 1209 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1209

11-D DCMR § 1210 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1210

11-D DCMR § 1211 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1211

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 1311

11-D49 PUBLIC SCHOOLS

11-D DCMR § 4900 GENERAL PROVISIONS

4900.1 The provisions of this chapter govern the height and bulk of public school buildings.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 4900

11-D DCMR § 4901 DEVELOPMENT STANDARDS

4901.1 The specific standards of this chapter shall govern public schools; in the absence of specific standards, the development standards for the zone in which the building or structure is proposed shall apply.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 4901

11-D DCMR § 4902 DENSITY

4902.1 Public schools shall be permitted a maximum floor area ratio of 1.8 in the R zones.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 4902

11-D DCMR § 4903 LOT DIMENSIONS

4903.1 Unless otherwise permitted or required, the use of an existing or creation of a new lot for public schools shall be subject to the following minimum lot dimensions as set forth in the following table:

TABLE D § 4903.1: MINIMUM LOT WIDTH AND LOT AREA FOR PUBLIC SCHOOLS

Zones

Minimum Lot Area (sq. ft.)

Minimum Lot Width (ft.)

R-1A/FH

R-1A/CBUT

As required by zone

All other R-1 zones

15,000

120

All R-2 and R-3 zones

9,000

120

4903.2 Minimum lot area may include adjacent parcels under the same ownership that are separated only by a public alley.

4903.3 On split-zoned lots, the minimum lot width and minimum lot area requirements, if any, of the less restrictive zone shall apply to the entire lot as long as the lot was in existence as of February 13, 2006.

4903.4 On a lot with more than one (1) street front, the minimum lot width may include the measurement of all street frontages, provided the lot width can be measured without interruption by another lot.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 4903

11-D DCMR § 4904 HEIGHT

4904.1 Public schools shall be permitted a maximum building height, not including a penthouse or rooftop structure, as set forth in the following table:

TABLE D § 4904.1: MAXIMUM HEIGHT FOR PUBLIC SCHOOLS

Zones

Maximum Height, Not Including Penthouse or Rooftop Structure (ft.)

Maximum Number of Stories

R-1A/TS/NO

R-1B/NO

R-3/NO

No Limit

All other R zones

No Limit

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 4904

11-D DCMR § 4905 PENTHOUSE OR ROOFTOP STRUCTURES

4905.1 Penthouses or rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15, and to the height and story limitations specified in each zone of this subtitle; provided that public schools shall be permitted a mechanical penthouses to a maximum height of eighteen feet, six inches (18 ft., 6 in.) or the permitted mechanical penthouse height in the zone, whichever is greater.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 4905

11-D DCMR § 4906 FRONT SETBACK

4906.1 A front setback is not required for a public school.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 4906

11-D DCMR § 4907 REAR YARD

4907.1 A rear yard shall be provided for each public school the minimum depth of which shall be as set forth in the following table:

TABLE D § 4907.1: MINIMUM REAR YARD FOR PUBLIC SCHOOLS

Zones

Minimum Rear Yard (ft.)

All R-1 zones

All R-2 and R-3 zones

4907.2 In the case of a lot that abuts or adjoins along the rear lot line a public open space, recreation area, or reservation, no rear yard shall be required.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 4907

11-D DCMR § 4908 SIDE YARD

4908.1 Two (2) side yards, each a minimum of eight feet (8 ft.) in width, shall be provided in all R-1 zones.

4908.2 In all R-2 zones, one (1) side yard, a minimum of eight feet (8 ft.) in width, shall be provided for all semi-detached buildings and two (2) side yards, each a minimum of eight feet (8 ft.) in width, shall be provided for all detached buildings.

4908.3 In all R-3 zones, a side yard shall not be required. However, except as provided in Subtitle D §§ 4908.4 and 4908.5, if the yard is provided, it shall be not less than five feet (5 ft.) wide.

4908.4 In the case of a lot that abuts or adjoins a public open space, recreation area, or reservation on one (1) or more side lot line, a required side yard may be reduced or omitted.

4908.5 A side yard may be reduced or omitted along a side street abutting a corner lot in an R zone.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 4908

11-D DCMR § 4909 COURT

4909.1 Where a court is provided, it shall have the following minimum dimensions:

TABLE D § 4909.1: MINIMUM COURT DIMENSIONS FOR PUBLIC SCHOOLS

Zone

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

R zones

2.5 in./ft. of height of court; 6 ft. minimum

2.5 in./ft. of height of court; 12 ft. minimum

Twice the square of the required width of court dimension; 250 sq. ft. minimum

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 4909

11-D DCMR § 4910 LOT OCCUPANCY

4910.1 Public schools shall not occupy a lot in excess of the maximum lot occupancy as set forth in the following table:

TABLE D § 4910.1: MAXIMUM LOT OCCUPANCY FOR PUBLIC SCHOOLS

Zones

Maximum Percentage of Lot Occupancy (%)

R-1A/TS

R-1A/FH

R-1A/TS/NO

R-1A/WH

R-1B/TS

R-1B/FH

R-1B/WH

R-2/FH

All other R zones

4910.2 A public school subject to the 60% lot occupancy maximum may occupy the lot upon which it is located in excess of sixty percent (60%) subject to all of the following conditions:

(a) The portion of the building, excluding closed court, exceeding the lot coverage shall not exceed twenty feet (20 ft.) in height or two (2) stories; and

(b) The total lot occupancy shall not exceed seventy percent (70%) in all R-2and R-3 zones.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 4910

11-D DCMR § 4911 PERVIOUS SURFACE

4911.1 The minimum percentage of pervious surface of a lot shall be thirty percent (30%).

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 4911

11-D DCMR § 4912 SPECIAL EXCEPTION

4912.1 Exceptions to the development standards of this chapter for public schools shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 4912

11-D50 ACCESSORY BUILDING REGULATIONS FOR RESIDENTIAL HOUSE (R) ZONES

11-D DCMR § 5000 GENERAL PROVISIONS

5000.1 Accessory buildings shall be permitted within an R zone subject to the conditions of this chapter.

5000.2 An accessory building shall:

(a) Be subordinate to and located on the same lot as the building, to which it is accessory; provided, that an accessory building may contain a parking space accessory to, and required for, a use on another lot where specifically permitted under other provisions of this title;

(b) Be used for purposes which are incidental to the use of the principal building; provided that no more than one (1) accessory apartment shall be allowed;

(d) Be constructed after the construction of a principal building on the same lot; and

(e) Not be constructed in front of the principal building.

5000.3 An accessory building shall be included in the calculation of lot occupancy and shall comply with all yards required for accessory buildings in the zone.

5000.4 A private garage permitted in an R zone as a principal use on a lot other than an alley lot, shall open directly onto an alley, and shall not be located within fifty feet (50 ft.) of the front building line or within seven and one-half feet (7.5 ft.) of the centerline of the alley upon which it opens.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5000

11-D DCMR § 5001 DEVELOPMENT STANDARDS

DEVELOPMENT STANDARDS

5001.1 The development standards in Subtitle D, Chapter 2, shall apply to accessory buildings in the R zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

5001.2 The bulk of accessory buildings in the R zones shall be controlled through the development standards in Subtitle D §§ 5002 through 5006.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5001

11-D DCMR § 5002 HEIGHT

HEIGHT

5002.1 The maximum height of an accessory building in an R zone shall be two (2) stories and twenty-two feet (22 ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5002

11-D DCMR § 5003 MAXIMUM BUILDING AREA

5003.1 The maximum building area for an accessory building in an R-1 or R-2 zone shall be an area equal to the greater of thirty (30%) of the required rear yard area or six hundred and fifty square feet (650 sq. ft.).

5003.2 The maximum building area for an accessory building in an R-3 zone shall be an area equal to the greater of thirty (30%) of the required rear yard area or five hundred and fifty (550 sq. ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021); as amended by Final Rulemaking published at 72 DCR 009494 (September 5, 2025); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5003

11-D DCMR § 5004 REAR YARD

5004.1 An accessory building other than a shed may be located within a rear yard in an R zone provided that the accessory building is:

(a) Set back at least seven and one-half feet (7.5 ft.) from the centerline of any alley;

(b) Not occupying, in combination with all accessory buildings on a lot, more than thirty percent (30%) of the area of a required rear yard; and

(c) Set back a minimum of three feet (3 ft.) from a rear lot line, except that no setback shall be required where the rear lot line of the property abuts an alley or street.

5004.2 A shed may be located within a required rear yard of a principal building.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021); as amended by Final Rulemaking published at 72 DCR 009494 (September 5, 2025); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5004

11-D DCMR § 5005 SIDE YARD

5005.1 An accessory building other than a shed may be located in a side yard in a R zone, provided that it is removed from the side lot line a distance equal to the required side yard and from the principal building a minimum of ten feet (10 ft.).

5005.2 A shed may be located within a required side yard of a principal building.

5005.3 In the R-1 and R-2 zones, an accessory building other than a shed shall be set back a minimum of three feet (3 ft.) from a side lot line, except that no set back shall be required where the side lot line of the property abuts an alley or street.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5005

11-D DCMR § 5006 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 002908 (March 19, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5006

11-D DCMR § 5007 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5007

11-D51 ALLEY LOT REGULATIONS FOR RESIDENTIAL HOUSE (R) ZONES

11-D DCMR § 5100 GENERAL PROVISIONS

GENERAL PROVISIONS

5100.1 The purposes of this section are to:

(a) Facilitate the re-use of existing alley buildings and the use of vacant or underutilized alley lots;

(b) Ensure that alley buildings are compatible with the surrounding built environment;

(d) In low-density zones, ensure adequate open space consistent with those zones.

5100.2 The following development standards shall apply to buildings and structures on Alley Record Lots in the R zones, and are intended to achieve the purposes of Subtitle D § 5100.1. The base zone development standards shall also apply except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

TABLE D § 5100.2: ALLEY LOT DEVELOPMENT STANDARDS (R)

(a)

Maximum Height

25 ft. and 2 stories

(b)

Maximum Lot Occupancy – Any R-1 or R-2 zone

Less than 3,000 sq. ft. of lot area

80%

Less than 5,000 sq. ft. of lot area but greater than or equal to 3,000 sq. ft. of lot area

60%

5,000 square feet of lot area or more

40%

(c)

Maximum Lot Occupancy – Any R-3 zone

Less than 1,800 sq. ft. of lot area

No maximum

Between 1,800 and 2,000 sq. ft. of lot area

90%

Over 2,000 sq. ft. of lot area

80%

(d)

Minimum Yard Dimensions

Any R-1 Zone

15 ft. from any lot line that is also the rear lot line of a street-facing lot;

8 ft. from any other lot line abutting another lot

Any R-2 Zone

10 ft. from any lot line that is also the rear lot line of a street-facing lot;

5 ft. from any other lot line abutting another lot

Any R-3 Zone

5 ft. from any portion of a lot line that abuts any non-Alley Lot; Otherwise none required.

(e)

Front Setback

N/A

(f)

Minimum Alley Centerline Setback

7.5 ft. from the centerline of all abutting alleys

(g)

Minimum Pervious Surface

Less than 2,000 sq. ft. of lot area

10%

2,000 sq. ft. of lot area or more

20%

5100.3 Uses on Alley Lots shall be as permitted in Subtitle U, Chapter 6.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5100

11-D DCMR § 5101 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5101

11-D DCMR § 5102 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5102

11-D DCMR § 5103 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5103

11-D DCMR § 5104 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5104

11-D DCMR § 5105 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5105

11-D DCMR § 5106 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5106

11-D DCMR § 5107 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5107

11-D DCMR § 5108 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5108

11-D52 RELIEF FROM REQUIRED DEVELOPMENT STANDARDS FOR R ZONES

11-D DCMR § 5200 GENERAL PROVISIONS

GENERAL PROVISIONS

5200.1 The provisions of this chapter provide for special exception relief from the specified development standards and regulations, subject to the provisions of each section and the general special exception criteria at Subtitle X, Chapter 9.

5200.2 Requested relief that does not comply with specific conditions or limitations of a special exception authorized by this chapter shall be processed as a variance pursuant to Subtitle X, Chapter 10.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Final Rulemaking published at 69 DCR 000896 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5200

11-D DCMR § 5201 SPECIAL EXCEPTION RELIEF FROM CERTAIN REQUIRED DEVELOPMENT STANDARDS

SPECIAL EXCEPTION RELIEF FROM CERTAIN REQUIRED DEVELOPMENT STANDARDS

5201.1 For an addition to a principal residential building with one (1) principal dwelling unit on a non-alley lot or for a new principal residential building on a substandard non‑alley record lot as described by Subtitle C § 301.1, the Board of Zoning Adjustment may grant relief from the following development standards of this subtitle as a special exception, subject to the provisions of this section and the general special exception criteria at Subtitle X, Chapter 9:

(a) Lot occupancy subject to the following table:

TABLE D § 5201.1(a): MAXIMUM PERMITTED LOT OCCUPANCY BY SPECIAL EXCEPTION

Zones

Type of Structure

Maximum Percentage of Lot Occupancy (%)

All R-3 zones except R-3/GT

All Structures

R-3/GT

Row

R-3/GT

Detached

Semi-detached

All other R zones

All Structures

(b) Yards, including front setback and alley centerline setback; and

5201.2 For a new or enlarged accessory structure to a residential building with only one (1) principal dwelling unit on a non-alley lot, the Board of Zoning Adjustment may grant relief from the following development standards as a special exception, subject to the provisions of this section and the general special exception criteria at Subtitle X, Chapter 9:

(a) Lot occupancy as limited in Table D § 5201.1(a);

(b) Maximum building area of an accessory building;

(c)

Yards, including setbacks from a rear or side lot line, or alley centerline setback; and

(d) Pervious surface.

5201.3 For a new or enlarged building on an Alley Record Lot, the Board of Zoning Adjustment may grant relief from the following development standards as a special exception, subject to the provisions of this section and the general special exception criteria at Subtitle X, Chapter 9:

(a) Height, to a maximum of thirty-five feet (35 ft.) and three (3) stories;

(b) Lot occupancy;

(d) Pervious surface.

5201.4 An application for special exception relief under this section shall demonstrate that the proposed addition, new principal building, or accessory structure shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, specifically:

The light and air available to neighboring properties shall not be unduly affected;

The privacy of use and enjoyment of neighboring properties shall not be unduly compromised;

The proposed addition or accessory structure, together with the original building, or the new principal building, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale, and pattern of houses along the street or alley frontage; and

In demonstrating compliance with paragraphs (a), (b), and (c) of this subsection, the applicant shall use graphical representations such as existing and proposed plans, elevations and section drawings, as well as photographs including ones demonstrating the overall streetscape pattern and character, sufficient to represent the relationship of the proposed addition, new building, or accessory structure to adjacent buildings and views from public ways.

5201.5 The Board of Zoning Adjustment may require special treatment in the way of design, screening, exterior or interior lighting, building materials, or other features for the protection of adjacent and nearby properties.

This section shall not be used to permit the introduction or expansion of a nonconforming use, lot occupancy beyond what is authorized in this section, height, or number of stories, as a special exception, except as permitted for alley lots pursuant to D § 5201.3.

5201.7 Where an application requests relief from the alley centerline setback requirements under this section, the Office of Zoning shall refer the application to the following agencies for their review and recommendations, to be filed in the case record within the forty- (40) day period established by Subtitle A § 211:

(a) District Department of Transportation (DDOT);

(b) Department of Public Works (DPW);

(d) Fire and Emergency Medical Services Department (FEMS);

(e) Department of Energy and the Environment (DOEE); and

(f) If a historic district or historic landmark is involved, the Historic Preservation Office (HPO).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 8596 (September 1, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Errata Notice published at 68 DCR 5013 (May 7, 2021); as amended by Final Rulemaking published at 69 DCR 000896 (February 4, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5201

11-D DCMR § 5202 SPECIAL EXCEPTION CRITERIA FOR TREE PROTECTION

SPECIAL EXCEPTION CRITERIA FOR TREE PROTECTION

Relief from the tree and slope protection requirements of Subtitle C, Chapter 4 may be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following requirements:

Tree removal, grading, and topographical change shall be limited to the maximum extent possible, consistent with construction of a building permitted by the standards of this section;

The applicant shall demonstrate that there are specific physical characteristics of the lot that justify the exception;

The building and overall site plat of the lot for which the special exception is sought shall be generally consistent with the purpose of the R-1A/CBUT, R-1A/FH, R-1A/TS, R 1A/TS/NO, R-1B/FH, R-1B/TS, and R-2/FH zones and will not adversely affect neighboring property; and

The Board of Zoning Adjustment may impose requirements as to design, appearance, tree protection practices during construction, buffering, and other requirements as it deems necessary to achieve the purposes of this section and may vary side and rear yard requirements in order to achieve the purposes of this section.

5202.2 Before taking action on an application, the Board of Zoning Adjustment shall submit the application to the following agencies for review and written reports:

Office of Planning;

District Department of Transportation, Urban Forestry Division;

Department of Parks and Recreation;

Department of Energy and Environment, Watershed Protection Division, Technical Services Branch; and

National Park Service, U.S. Department of the Interior.

5202.3 An applicant for a special exception shall submit at least the following materials:

A site plan for development, including computation and illustration of total lot occupancy and impervious surface ratio, and regulated trees proposed to be removed; and

A plan and statement indicating how trees to be preserved on the lot will be protected during the construction period, including reference to proposed procedures to guard against long-term damage by such factors as soil compaction.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5202

11-D DCMR § 5203 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5203

11-D DCMR § 5204 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5204

11-D DCMR § 5205 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5205

11-D DCMR § 5206 [REPEALED]

History

SOURCE: Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5206

11-D DCMR § 5207 [REPEALED]

History

SOURCE: Final Rulemaking published at 67 DCR 13346 (November 13, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential House (R) Zones 11-D DCMR § 5207

11-E RESIDENTIAL FLAT (RF) ZONES

11-E1 INTRODUCTION TO RESIDENTIAL FLAT (RF) ZONES

11-E DCMR § 100 GENERAL PROVISIONS

100.1 Subtitle E is to be read and applied in addition to the regulations included in:

(a) Subtitle A, Authority and Applicability;

(b) Subtitle B, Definitions, Rules of Measurement, and Use Categories;

(d) Subtitle U, Use Permissions.

100.2 Geographically modified zones are indicated by letters following the base zone name such as RF-1/DC or RF-1/CAP.

100.3 For those geographically modified zones, the zone boundaries are described in Subtitle W, Specific Zone Boundaries, and identified on the official Zoning Map.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 100

11-E DCMR § 101 PURPOSE AND INTENT

101.1 The Residential Flat (RF) zones are residential zones, which provide for areas developed primarily with residential row buildings, but within which there have been limited conversions of dwellings or other buildings into more than two (2) principal dwelling units.

101.2 The RF zones are intended to:

(a) Recognize and reinforce the importance of neighborhood character, walkable neighborhoods, housing affordability, aging in place, preservation of housing stock, improvements to the overall environment, and low- and moderate-density housing to the overall housing mix and health of the city;

(b) Allow for limited compatible non-residential uses;

(d) Establish minimum lot area and lot width for the subdivision and creation of new lots of record in RF zones;

(e) Allow for the limited conversion of single household dwellings and other structures for flats; and

(f) Prohibit the conversion of single household dwellings and flats for apartment house as anticipated in the RA zone.

101.3 The RF zones are designed to be mapped in areas identified as low-, moderate- or medium-density residential areas suitable for residential life and supporting uses.

101.4 The purpose of the RF-1 zone is to provide for areas predominantly developed with residential row buildings on small lots within which no more than two (2) principal dwelling units are permitted.

101.5 The RF-4 and RF-5 zones are typically, but not exclusively, established residential neighborhoods adjacent or proximate to higher density zones including residential, mixed-use, and downtown areas.

101.6 The RF-4 and RF-5 zones are intended to promote the continued row house character and appearance, and residential use of larger row buildings.

101.7 The purpose of the RF-4 and RF-5 zones is to provide for areas predominantly developed with residential row buildings of three (3) or more stories within which no more than three (3) or four (4) principal dwelling units are permitted, respectively.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 101

11-E DCMR § 102 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 102

11-E DCMR § 103 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 103

11-E DCMR § 104 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 104

11-E DCMR § 105 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 105

11-E DCMR § 106 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 106

11-E2 DEVELOPMENT STANDARDS FOR RESIDENTIAL FLAT (RF) ZONES

11-E DCMR § 200 DEVELOPMENT STANDARDS

200.1 The development standards of this chapter shall apply to all Residential Flat (RF) zones except as changed by a geographically modified zone.

200.2 The development standards regulate the bulk of buildings and other structures and the spaces around them, including the following:

(a) Height and number of stories;

(b) Density and lot occupancy;

(d) Environmental performance.

200.3 A principal building on a lot in any RF zone shall be a detached building, a semi-detached building, or a row building.

200.4 The Inclusionary Zoning (IZ) requirements and the available IZ modifications to certain development standards shall apply to all RF zones, as specified in Subtitle C, Chapter 10, Inclusionary Zoning, and in the zone-specific development standards of this subtitle.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 200

11-E DCMR § 201 DENSITY

201.1 In any of the RF-1 zones, two (2) principal dwelling units shall be permitted per lot subject to Subtitle U, Use Permissions.

201.2 Notwithstanding Subtitle E § 201.1, a building or structure in any of the RF-1 zones may be used for more than two (2) principal dwelling units pursuant to Subtitle U, Chapter 3.

201.3 In any of the RF-4 zones, three (3) principal dwelling units shall be permitted per lot subject to Subtitle U, Use Permissions.

201.4 In any of the RF-5 zones, four (4) principal dwelling units shall be permitted per lot subject to Subtitle U, Use Permissions.

201.5 No more than one (1) principal dwelling unit may be located within an accessory building, subject to Subtitle U, Use Permissions.

201.6 Accessory apartments shall not be permitted in any RF Zone; instead, principal dwelling units are permitted pursuant to Subtitle E, Chapter 2, and Subtitle U Chapter 3.

201.7 A public recreation and community center shall not exceed a gross floor area (GFA) of forty thousand square feet (40,000 sq. ft.) unless approved by the Board of Zoning Adjustment as a special exception pursuant to the provisions of Subtitle E § 212.2.

201.8 The maximum permitted floor area ratio (FAR) shall be as set forth in the following table:

TABLE E § 201.8: MAXIMUM PERMITTED FLOOR AREA RATIO

Zones

Type of Structure

Maximum FAR

RF-1

Public Recreation and Community Center

1.8

All Other Structures

Not applicable

RF-4

RF-5

Public Library

2.0

All Other Structures

1.8

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 67 DCR 13346 (November 13, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 201

11-E DCMR § 202 LOT DIMENSIONS

202.1 Except as provided elsewhere in this title, the minimum required lot width and lot area for the creation of a new lot of record shall be as set forth in the following table:

TABLE E § 202.1: MINIMUM LOT WIDTH AND LOT AREA

Zones

Type of Structure

Minimum Lot Width (ft.)

Minimum Lot Area (sq. ft.)

Row

1,800

Semi-detached

3,000

All Other Structures

4,000

202.2 Except as provided in Subtitle E § 202.3, the minimum dimensions of lots for Mandatory or Voluntary Inclusionary Developments in the RF zones shall be as set forth in the following table, which incorporates the IZ modifications authorized by Subtitle C § 1002.2:

TABLE E § 202.2: MINIMUM LOT WIDTH AND LOT AREA FOR INCLUSIONARY DEVELOPMENTS

Zones

Type of Structure

Minimum Lot Width (ft.)

Minimum Lot Area (sq. ft.)

All Structures

1,500

202.3 The minimum lot width for Mandatory Inclusionary Developments may be reduced to no less than sixteen feet (16 ft.) if granted by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9.

202.4 The minimum lot width and lot area of Voluntary Inclusionary Developments may be reduced to not less than as set forth in the following table if granted by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9:

TABLE E § 202.4: MINIMUM LOT WIDTH AND LOT AREA FOR VOLUNTARY INCLUSIONARY DEVELOPMENTS

Zones

Type of Structure

Minimum Lot Width (ft.)

Minimum Lot Area (sq. ft.)

All Structures

1,500

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 202

11-E DCMR § 203 HEIGHT

203.2 The maximum permitted height of buildings or structures and number of stories, except as provided in Subtitle E §§ 203.3 through 203.8, shall be as set forth in the following table:

TABLE E § 203.2: MAXIMUM HEIGHT AND NUMBER OF STORIES

Zones

Type of Structure

Maximum Height, Not Including Penthouse or Rooftop Structure (ft.)

Maximum Number of Stories

RF-1

All Structures

RF-4

All Structures

RF-5

Detached

Semi-detached

Row

203.3 In any of the RF-1 zones, new construction of three (3) or more immediately adjoining residential row buildings, built concurrently on separate record lots, may be erected to a height not exceeding forty feet (40 ft.) and three (3) stories.

203.4 In any of the RF-1 zones, a building or other structure may be erected to a height not exceeding forty feet (40 ft.), not including a penthouse or rooftop structure, if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, subject to Subtitle E § 5202.

203.5 A place of worship may be erected to a height not exceeding sixty feet (60 ft.) and three (3) stories, not including a penthouse or rooftop structure.

203.6 A public recreation and community center may be erected to a height not exceeding forty-five feet (45 ft.) with no limit on number of stories, not including a penthouse or rooftop structure.

203.7 A building or other structure may be erected to a height not exceeding ninety feet (90 ft.) with no limit on number of stories, not including a penthouse or rooftop structure; provided that the building or structure shall be removed from all lot lines of its lot for a distance equal to the height of the building or structure above the adjacent natural or finished grade, whichever is the lower in elevation.

203.8 An institutional building or structure may be erected to a height not exceeding ninety feet (90 ft.) with no limit on number of stories, not including a penthouse or rooftop structure; provided, that the building or structure shall be removed from all lot lines of its lot a distance of not less than one foot (1 ft.) for each one foot (1 ft.) of height in excess of that authorized in the zone in which it is located.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 203

11-E DCMR § 204 ROOF TOP OR UPPER FLOOR ELEMENTS

204.1 Except for properties subject to review by the Historic Preservation Review Board or their designee, or the U.S. Commission of Fine Arts, a roof top architectural element original to a principal building such as cornices, porch roofs, a turret, tower, or dormers, shall not be removed or significantly altered, including shifting its location, changing its shape, or increasing its height, elevation, or size; provided that:

(a) For interior lots, not including through lots, the roof top architectural elements shall not include identified roof top architectural elements facing the structure’s rear lot line; and

(b) For all other lots, the roof top architectural elements shall include identified roof top architectural elements on all sides of the structure.

204.2 For the purposes of Subtitle E § 204.1, ordinary repairs to a roof top architectural element shall be permitted. Ordinary repairs may include the replacement of an original roof top architectural element when the Zoning Administrator has determined, based on photographs provided by the owner and other evidence acceptable to the Zoning Administrator, that:

(a) The original roof top architectural element is substantially eroded or damaged due to no overt actions of the owner or affiliates, and

(b) The replacement will be visually indistinguishable from the original in style, dimensions, profile, and appearance when viewed from a public right of way.

204.3 Any new building, or alteration or addition to an existing building, including a penthouse or rooftop structure (the “proposed construction”) at the time of application, shall not significantly interfere with the operation of a solar energy system on an abutting property, unless agreed to by the owner of the solar energy system, subject to the following:

(a) “Time of application” shall mean the earlier of either:

(1) The Department of Buildings officially accepts as complete the application for the building permit for the proposed construction; or

(2) The Office of Zoning officially accepts as complete an application for zoning relief for the proposed construction;

(b) “Solar energy system” shall mean a solar energy system of at least 2kW in size that, at the time of application, is either:

(1) Legally permitted, installed, and operating; or

(c) “Significantly interfere” shall mean that the proposed construction increases the shading incident on the solar energy system by more than five percent (5%), as determined by a comparative solar shading study acceptable to the Zoning Administrator; and

(d) All applications for the proposed construction, whether for a building permit or for zoning relief, must include one of the following:

(1) An affidavit by the applicant stating that there is no solar energy system on an abutting property;

(2) A comparative solar shading study that meets the minimum standard established by the Zoning Administrator for the purpose of determining the increased annual incident solar shading by percent; or

(3) A written agreement executed by the owner of the impacted solar energy system accepting the interference with the solar energy system.

204.4 The Board of Zoning Adjustment may grant relief from the requirements of Subtitle E § 204.1 as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following conditions:

(a) The proposed construction shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, in particular:

(1) The light and air available to neighboring properties shall not be unduly affected;

(2) The privacy of use and enjoyment of neighboring properties shall not be unduly compromised; and

(3) The proposed construction, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale, and pattern of houses along the street or alley frontage;

(b) In demonstrating compliance with paragraph (a), the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the proposed construction to adjacent buildings and views from public ways; and

(c) The Board of Zoning Adjustment may require special treatment in the way of design, screening, exterior or interior lighting, building materials, or other features for the protection of adjacent or nearby properties, or to maintain the general character of a block.

204.5 The Board of Zoning Adjustment may grant relief from the requirements of Subtitle E § 204.3 as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following conditions:

(b) The application shall include illustrations of the shading impact on solar energy systems on abutting properties:

As proposed by the application;

As allowed as a matter of right; and

(3) Of possible design alternatives considered by the applicant; and

(c) The Board may require special treatment and impose reasonable conditions as it deems necessary to mitigate shading impacts identified in the consideration of the application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 204

11-E DCMR § 205 PENTHOUSE AND ROOFTOP STRUCTURE

205.1 A penthouse or rooftop structure on a single household dwelling or flat shall be permitted only in accordance with Subtitle C § 1501.

205.2 A mechanical penthouse or rooftop structure with a maximum height of eighteen feet, six inches (18 ft. 6 in.) shall be permitted on a building constructed pursuant to Subtitle E §§ 203.5 through 203.8.

205.3 For all other buildings and uses, the maximum permitted height of a penthouse or rooftop structure shall be twelve feet (12 ft.) and one (1) story.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 4055 (April 28, 2017); as amended by Final Rulemaking published at 64 DCR 8416 (August 25, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 205

11-E DCMR § 206 FRONT SETBACK

206.1 Except as provided elsewhere in this title, the front setback requirements shall be as set forth in this section.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 64 DCR 4055 (April 28, 2017); as amended by Final Rulemaking published at 64 DCR 8596 (September 1, 2017); as amended by Final Rulemaking published at 67 DCR 13346 (November 13, 2020); as amended by Errata Notice published at 68 DCR 405 (January 8, 2021); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 206

11-E DCMR § 207 REAR YARD

207.1 Except as provided elsewhere in this title, the minimum required rear yard shall be as set forth in the following table:

TABLE E § 207.1: MINIMUM REAR YARD

Zones

Minimum Rear Yard (ft.)

RF-1

RF-4

RF-5

207.4 Notwithstanding Subtitle E §§ 207.1 through 207.3, a rear wall of a row or semi-detached building shall not be constructed to extend farther than ten feet (10 ft.) beyond the farthest rear wall of any adjoining principal residential building on any adjacent property.

History

SOURCE: Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 207

11-E DCMR § 208 SIDE YARD

208.1 Except as provided elsewhere in this title, the minimum side yard shall be as set forth in this section.

208.2 Two (2) side yards shall be provided for detached buildings; one (1) side yard shall be provided for semi-detached buildings; and no side yards are required for row buildings.

208.3 Any side yard provided shall be a minimum of five feet (5 ft.).

208.4 Existing conforming side yards shall not be reduced to a nonconforming width or eliminated.

208.5 In the case of a building with a nonconforming side yard, an extension or addition may be made to the building; provided, that the width of the existing side yard shall not be reduced or eliminated; and provided further, that the width of the side yard adjacent to the extension or addition shall be a minimum of three feet (3 ft.).

208.6 In the case of a lot proposed to be used by a public library or public recreation and community center where a side lot line abuts or adjoins a public open space, recreation area, or reservation, no side yard shall be required.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 208

11-E DCMR § 209 COURT

209.1 Courts are not required; however, where a court is provided, the court shall have the following minimum dimensions:

TABLE E § 209.1: MINIMUM COURT DIMENSIONS

Type of Structure

Open Court Minimum Width

Closed Court

Minimum Width

Minimum Area

Single Household Dwellings and Flats

Not applicable

All Other Structures

2.5 in. per 1 ft. of height of court,

but not less than 6 ft.

2.5 in. per 1 ft. of height of court, but not less than 12 ft.

Twice the square of the required width of court dimension based on the height of the minimum court width;

but not less than 250 sq. ft.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 209

11-E DCMR § 210 LOT OCCUPANCY

210.1 Except as provided elsewhere in this title in Subtitle E § 212.2, the maximum permitted lot occupancy shall be as set forth in the following table:

TABLE E § 210.1: MAXIMUM LOT OCCUPANCY

Zones

Type of Structure

Maximum Percentage of Lot Occupancy (%)

RF-1

Single Household Dwellings and Flats

Conversion of a building or structure to an apartment house

The greater of 60

or the lot occupancy as of the date of conversion

An apartment house that existed prior to 1958 and has been in continuous use as an apartment house

Places of Worship

Public Recreation and Community Center

All Other Structures

RF-4

RF-5

Public Recreation and Community Center

All Other Structures

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 210

11-E DCMR § 211 PERVIOUS SURFACE

211.1 Except as provided elsewhere in this title, the minimum required percentage of pervious surface of a lot shall be as set forth in the following table:

TABLE E § 211.1: MINIMUM PERCENTAGE OF PERVIOUS SURFACE

Type of Structure

Minimum Lot Area (sq. ft.)

Minimum Percentage of Pervious Surface (%)

Public Recreation and Community Center

Not applicable

All Other Structures

Less than 1,800

1,801 to 2,000

Larger than 2000

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 211

11-E3 RESIDENTIAL FLAT ZONE – RF-1

11-E DCMR § 300 PURPOSE AND INTENT

300.1 The base zone development standards in Subtitle E, Chapter 2 shall apply to the RF-1/DC zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

300.2 In addition to the purposes of the RF-1 zone, the purposes of the Dupont Circle Residential Flat (RF-1/DC) zone are to:

(a) Recognize that Dupont Circle area is a unique resource in the District of Columbia that must be preserved and enhanced;

(b) Provide strong protections to retain its low scale, predominantly residential character, independent small retail businesses, human scale streetscapes, and historic character;

(c) Enhance the residential character of the area by maintaining existing residential uses and controlling the scale and density of residential development;

(d) Protect the integrity of “contributing buildings”, as that term is defined by the Historic Landmark and Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law 2-144, as amended; D.C. Official Code §§ 6-1101 to 6-1115 (formerly codified at D.C. Official Code §§ 5- 1001 to 5-1015 (1994 Repl. & 1999 Supp.)));

(e) Preserve areas planned as open gardens and backyards and protect the light, air, and privacy that they provide;

(f) Enhance the streetscape by maintaining the public space in front of buildings as landscaped green spaces; and

(g) Encourage greater use of public transportation and the free circulation of vehicles through public streets and alleys.

300.3 The RF-1/DC zone requires a scale of development consistent with the nature and character of the Dupont Circle area in height and bulk and ensures a general compatibility in the scale of new buildings with older, low-scale buildings.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 300

11-E DCMR § 301 PLANNED UNIT DEVELOPMENT

301.1 In the RF-1/DC zone, the matter-of-right limits on building height, floor area ratio, and penthouse and rooftop structure height of Subtitle E, Chapter 2 shall serve as the maximum permitted building height, floor area ratio, and penthouse and roof structure height for a planned unit development.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 301

11-E DCMR § 302 MISCELLANEOUS

302.1 No garage or associated driveway providing access to required parking spaces or loading berths shall be permitted along Connecticut Avenue from N Street, N.W. to Florida Avenue, N.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 302

11-E DCMR § 303 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 65 DCR 8555 (August 17, 2018); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 303

11-E DCMR § 304 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 304

11-E DCMR § 305 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 305

11-E DCMR § 306 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 306

11-E DCMR § 307 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 307

11-E DCMR § 308 REPEALED

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 308

11-E4 DUPONT CIRCLE RESIDENTIAL FLAT ZONE – RF-2

11-E DCMR § 400 PURPOSE AND INTENT

400.1 The base zone development standards in Subtitle E, Chapter 2 shall apply to the RF-1/CAP zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

400.2 In addition to the purposes of the RF-1 zone, the purposes of the Capitol Interest Residential Flat (RF-1/CAP) zone are to:

(a) Promote and protect the public health, safety, and general welfare of the U.S. Capitol precinct and the area adjacent to this jurisdiction, in a manner consistent with the goals and mandates of the United States Congress in Title V of the Legislative Branch Appropriation Act, 1976 (Master Plan for Future Development of the Capitol Grounds and Related Areas), approved July 25, 1975 (Pub. L. No. 94-59, 89 Stat. 288), and in accordance with the plan submitted to the Congress pursuant to the Act;

(b) Reflect the importance of and provide sufficient controls for the area adjacent to the U.S. Capitol;

(c) Provide particular controls for properties adjacent to the U.S. Capitol precinct and the area adjacent to this jurisdiction, having a well-recognized general public interest; and

(d) Restrict some of the permitted uses to reduce the possibility of harming the U.S. Capitol precinct and the area adjacent to this jurisdiction.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 400

11-E DCMR § 401 HEIGHT

401.1 In the RF-1/CAP zone, a place of worship may be erected to a height not exceeding forty feet (40 ft.) and three (3) stories, not including a penthouse or rooftop structure.

401.2 In the RF-1/CAP zone, a public recreation and community center may be erected to a height not exceeding forty feet (40 ft.) with no limit on number of stories, not including a penthouse or rooftop structure.

401.3 In the RF-1/CAP zone, the provisions of Subtitle E §§ 203.7 and 203.8 shall not apply.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 401

11-E DCMR § 402 PENTHOUSE AND ROOFTOP STRUCTURE

402.1 In the RF-1/CAP zone, the maximum permitted height of a penthouse or rooftop structure, excluding those permitted on the roof of a single household dwelling or flat pursuant to Subtitle C § 1501, shall be ten feet (10 ft.) and one (1) story.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 402

11-E DCMR § 403 SPECIAL EXCEPTION REVIEW CRITERIA

403.1 In reviewing an application for a special exception in the RF-1/CAP zone, in addition to the applicable criteria of this subtitle and of Subtitle X, Chapter 9, the Board of Zoning Adjustment shall consider whether the proposed development is:

(a) Compatible with the present and proposed development of the neighborhood;

(b) Consistent with the goals and mandates of the United States Congress in title V of the Legislative Branch Appropriation Act, 1976 (Master Plan for Future Development of the Capitol Grounds and Related Areas), approved July 25, 1975 (Pub. L. No. 94-59, 89 Stat. 288); and

403.2 Upon receipt of the application, the Board of Zoning Adjustment shall refer the application to:

(a) The Architect of the Capitol for review and report; and

(b) The Office of Planning for review, report, and impact assessment along with coordination of reviews in writing of all relevant District departments and agencies including:

(1) The District Department of Transportation;

(2) The Department of Housing and Community Development; and

(3) The Historic Preservation Office if the application involves a historic district or historic landmark.

403.3 The Board may require special treatment and impose reasonable conditions as it deems necessary to mitigate any adverse impacts identified in the consideration of the application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 65 DCR 8555 (August 17, 2018); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 403

11-E DCMR § 404 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 404

11-E DCMR § 405 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 405

11-E DCMR § 406 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 406

11-E DCMR § 407 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 407

11-E DCMR § 408 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 408

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 508

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 608

11-E49 PUBLIC SCHOOLS

11-E DCMR § 4900 GENERAL PROVISIONS

4900.1 The provisions of this chapter govern the height and bulk of public school buildings.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 4900

11-E DCMR § 4901 DEVELOPMENT STANDARDS

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 4901

11-E DCMR § 4902 DENSITY

4902.1 Public schools shall be permitted a maximum floor area ratio of 1.8 in the RF zones.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 4902

11-E DCMR § 4903 LOT DIMENSIONS

4903.1 Unless otherwise permitted or required, use of an existing or creation of a new lot for public schools shall be subject to the following minimum lot dimensions as set forth in the following table:

TABLE E § 4903.1: MINIMUM LOT WIDTH AND MINIMUM LOT AREA FOR PUBLIC SCHOOLS

Zone

Minimum Lot Area (sq. ft.)

Minimum Lot Width (ft.)

RF zones

9,000

120

4903.2 Minimum lot area may include adjacent parcels under the same ownership that are separated only by a public alley.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 4903

11-E DCMR § 4904 HEIGHT

4904.1 Public schools shall be permitted a maximum building height, not including the penthouse or rooftop structure, as set forth in the following table:

TABLE E § 4904.1: MAXIMUM HEIGHT FOR PUBLIC SCHOOLS

Zones

Maximum Height, Not Including Penthouse or Rooftop Structure (ft.)

Maximum Number of Stories

RF-1, RF-1/DC

No limit

RF-1/CAP

No limit

RF-4

RF-5

No limit

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 4904

11-E DCMR § 4905 PENTHOUSE OR ROOFTOP STRUCTURES

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 4905

11-E DCMR § 4906 FRONT SETBACK

4906.1 A front setback is not required for a public school.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 4906

11-E DCMR § 4907 REAR YARD

4907.1 A rear yard with a minimum depth of twenty feet (20 ft.) shall be provided for each public school.

4907.2 In the case of a lot that abuts or adjoins along the rear lot line a public open space, recreation area, or reservation, no rear yard shall be required.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 4907

11-E DCMR § 4908 SIDE YARD

4908.1 In the RF zones, a side yard shall not be required. However, except as provided in Subtitle E §§ 4908.2 and 4908.3, if the yard is provided, it shall be not less than five feet (5 ft.) wide.

4908.2 In the case of a lot that abuts or adjoins a public open space, recreation area, or reservation on one (1) or more side lot line, a required side yard may be reduced or omitted.

4908.3 A side yard may be reduced or omitted along a side street abutting a corner lot in an RF zone.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 4908

11-E DCMR § 4909 COURT

4909.1 Where a court is provided, it shall have the following minimum dimensions:

TABLE E § 4909.1: MINIMUM COURT DIMENSIONS FOR PUBLIC SCHOOLS

Zone

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

RF zones

2.5 in./ft. of height of court;

6 ft. minimum

2.5 in./ft. of height of court;

12 ft. minimum

Twice the square of the required width of court dimension;

250 sq. ft. minimum

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 4909

11-E DCMR § 4910 LOT OCCUPANCY

4910.1 Public schools shall not occupy a lot in excess of the maximum lot occupancy as set forth in the following table:

TABLE E § 4910.1: MAXIMUM LOT OCCUPANCY FOR PUBLIC SCHOOLS

Zones

Maximum Percentage of Lot Occupancy (%)

All RF-1 zones

RF-4

RF-5

No limit

4910.2 A public school may occupy the lot upon which it is located in excess of the permitted percentage of lot occupancy prescribed in this section subject to all of the following conditions:

(a) The portion of the building, excluding closed court, exceeding the lot coverage shall not exceed twenty feet (20 ft.) in height or two (2) stories; and

(b) The total lot occupancy shall not exceed seventy percent (70%).

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 4910

11-E DCMR § 4911 PERVIOUS SURFACE

4911.1 The minimum percentage of pervious surface of a lot shall be fifty percent (50%).

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 4911

11-E DCMR § 4912 SPECIAL EXCEPTION

4912.1 Exceptions to the development standards of this chapter for public schools shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 4912

11-E50 ACCESSORY BUILDING REGULATIONS FOR RESIDENTIAL FLAT (RF) ZONES

11-E DCMR § 5000 GENERAL PROVISIONS

5000.1 Accessory buildings shall be permitted within an RF zone subject to the conditions of this chapter.

5000.2 An accessory building shall:

(a) Be subordinate to and located on the same lot as the building to which it is accessory; provided, that an accessory building may contain a parking space accessory to, and required for, a use on another lot, where specifically permitted under other provisions of this title;

(b) Be used for purposes that are incidental to the use of the principal building; provided that no more than one (1) principal dwelling unit shall be allowed;

(d) Be constructed after the construction of the principal building; and

(e) Not be constructed in front of the principal building.

5000.3 An accessory building shall be included in the calculation of lot occupancy, pervious surface, and as applicable, the floor area ratio (FAR) of the RF zones, and shall comply with all required yards for accessory buildings in the zone.

5000.4 A private garage permitted in an RF zone as a principal use on a lot other than an alley lot, shall open directly onto an alley, and shall not be located within fifty feet (50 ft.) of the front building line or within seven and one-half feet (7.5 ft.) of the centerline of the alley upon which it opens.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5000

11-E DCMR § 5001 DEVELOPMENT STANDARDS

DEVELOPMENT STANDARDS

5001.1 The development standards in Subtitle E, Chapter 2, shall apply to accessory buildings in the RF zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

5001.2 The bulk of accessory buildings in the RF zones shall be controlled through the development standards in Subtitle E §§ 5002 through 5005.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5001

11-E DCMR § 5002 HEIGHT

HEIGHT

5002.1 The maximum height of an accessory building in an RF zone shall be twenty-two feet (22 ft.) and two (2) stories.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5002

11-E DCMR § 5003 MAXIMUM BUILDING AREA

5003.1 The maximum building area for an accessory building in an RF zone shall be an area equal to the greater of thirty percent (30%) of the required rear yard or five hundred and fifty square feet (550 sq. ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021); as amended by Final Rulemaking published at 72 DCR 009494 (September 5, 2025); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5003

11-E DCMR § 5004 REAR YARD

REAR YARD

5004.1 An accessory building other than a shed may be located within a rear yard in an RF zone provided that the accessory building is:

(a) Set back at least seven and one-half feet (7.5 ft.) from the centerline of any alley; and

(b) Not occupying, in combination with all accessory buildings on a lot, more than thirty percent (thirty percent (30%)) of the area of a required rear yard.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021); as amended by Final Rulemaking published at 72 DCR 009494 (September 5, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5004

11-E DCMR § 5005 SIDE YARD

SIDE YARD

5005.1 An accessory building other than a shed may be located within a side yard in an RF zone provided that the accessory building is set back at least seven and one-half feet (7.5 ft.) from the centerline of any alley.

5005.2 A shed may be located within a required side yard of a principal building.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5005

11-E DCMR § 5006 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 002908 (March 19, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5006

11-E DCMR § 5007 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Final Rulemaking published at 69 DCR 000896 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5007

11-E51 ALLEY LOT REGULATIONS FOR RESIDENTIAL FLAT (RF) ZONES

11-E DCMR § 5100 GENERAL PROVISIONS

GENERAL PROVISIONS

5100.1 The purposes of this section are to:

(a) Facilitate the re-use of existing alley buildings and the use of vacant or underutilized alley lots;

(b) Ensure that alley buildings are compatible with the surrounding built environment; and

5100.2 The following development standards shall apply to buildings and structures on Alley Record Lots in the RF zones, and are intended to achieve the purposes of Subtitle E § 5100.1. The base zone development standards shall also apply except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

TABLE E § 5100.2: ALLEY LOT DEVELOPMENT STANDARDS (RF)

(a)

Maximum Height

25 ft. and 2 stories

(b)

Maximum Lot Occupancy

Less than 1,800 sq. ft. of lot area

No maximum

Less than 2,000 sq. ft. of lot area but greater than or equal to 1,800 sq. ft. of lot area

90%

2,000 sq. ft. of lot area or more

80%

(c)

Minimum Yard Dimensions

5 ft. from any portion of a lot line that abuts any non-Alley Lot; Otherwise none required.

(d)

Front Setback

N/A

(e)

Minimum Alley Centerline Setback

7.5 ft. from the centerline of all abutting alleys

(f)

Minimum Pervious Surface

Less than 2,000 sq. ft. of lot area

10%

2,000 sq. ft. of lot area or more

20%

Uses on Alley Lots shall be as permitted in Subtitle U, Chapter 6.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5100

11-E DCMR § 5101 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5101

11-E DCMR § 5102 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5102

11-E DCMR § 5103 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5103

11-E DCMR § 5104 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5104

11-E DCMR § 5105 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5105

11-E DCMR § 5106 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5106

11-E DCMR § 5107 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5107

11-E DCMR § 5108 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5108

11-E52 RELIEF FROM REQUIRED DEVELOPMENT STANDARDS FOR RF-ZONES

11-E DCMR § 5200 GENERAL PROVISIONS

GENERAL PROVISIONS

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Final Rulemaking published at 69 DCR 000896 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5200

11-E DCMR § 5201 SPECIAL EXCEPTION RELIEF FROM CERTAIN REQUIRED DEVELOPMENT STANDARDS

SPECIAL EXCEPTION RELIEF FROM CERTAIN REQUIRED DEVELOPMENT STANDARDS

5201.1 For an addition to a principal residential building on a non-alley lot or for a new principal residential building on a substandard non-alley record lot as described by Subtitle C § 301.1, the Board of Zoning Adjustment may grant relief from the following development standards of this subtitle as a special exception, subject to the provisions of this section and the general special exception criteria at Subtitle X, Chapter 9:

(a) Lot occupancy up to a maximum of seventy percent (70%) for all new and existing structures on the lot;

(b) Yards, including front setback and alley centerline setback;

(d) Pervious surface.

5201.2 For a new or enlarged accessory structure to a residential building on a non-alley lot, the Board of Zoning Adjustment may grant relief from the following development standards as a special exception, subject to the provisions of this section and the general special exception criteria at Subtitle X, Chapter 9:

(a) Lot occupancy up to a maximum of seventy percent (70%) for all new and existing structures on the lot;

(b) Maximum building area of an accessory building;

(d) Courts; and

(e) Pervious surface.

(a) Height, to a maximum of thirty-five feet (35 ft.) and three (3) stories;

(b) Lot occupancy;

(d) Pervious surface.

An application for special exception relief under this section shall demonstrate that the proposed addition, new building, or accessory structure shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, specifically:

The light and air available to neighboring properties shall not be unduly affected;

The privacy of use and enjoyment of neighboring properties shall not be unduly compromised;

The proposed addition or accessory structure, together with the original building, or the proposed new building, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale, and pattern of houses along the street and alley frontage; and

In demonstrating compliance with paragraphs (a), (b), and (c) of this subsection, the applicant shall use graphical representations such as existing and proposed plans, elevations and section drawings, as well as photographs including ones demonstrating the overall streetscape and pattern and character, sufficient to represent the relationship of the proposed addition, new building, or accessory structure to adjacent buildings and views from public ways.

The Board of Zoning Adjustment may require special treatment in the way of design, screening, exterior or interior lighting, building materials, or other features for the protection of adjacent and nearby properties.

5201.7 Where an application requests relief from the alley centerline setback requirements under this section, or relief from any alley lot provision of E § 5201.3, the Office of Zoning shall refer the application to the following agencies for their review and recommendations, to be filed in the case record within the forty (40)-day period established by Subtitle A § 211:

(a) District Department of Transportation (DDOT);

(b) Department of Public Works (DPW);

(d) Fire and Emergency Medical Services Department (FEMS);

(e) Department of Energy and the Environment (DOEE); and

(f) If a historic district or historic landmark is involved, the Historic Preservation Office (HPO).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5201

11-E DCMR § 5202 SPECIAL EXCEPTION CRITERIA BUILDING HEIGHT

5202.1 The Board of Zoning Adjustment may grant as a special exception under Subtitle X, Chapter 9, and subject to the conditions of this subsection, a maximum building height of up to forty feet (40 ft.) for a principal residential building and any additions thereto located on a non-alley lot subject to the following conditions:

(a) The proposed construction shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, in particular:

The light and air available to neighboring properties shall not be unduly affected;

The privacy of use and enjoyment of neighboring properties shall not be unduly compromised; and

The proposed construction, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale and pattern of houses along the subject street or alley;

(b) In demonstrating compliance with paragraph (a), the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the proposed construction’s height to adjacent buildings and views from public ways; and

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 67 DCR 13346 (November 13, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5202

11-E DCMR § 5203 SPECIAL EXCEPTION CRITERIA BUILDING HEIGHT

5203.1 The Board of Zoning Adjustment may grant as a special exception under Subtitle X, Chapter 9, and subject to the conditions of this subsection, a maximum building height of up to forty feet (40 ft.) for a principal residential building and any additions thereto located on a non-alley lot subject to the following conditions:

(a) The proposed construction shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, in particular:

The light and air available to neighboring properties shall not be unduly affected;

The privacy of use and enjoyment of neighboring properties shall not be unduly compromised; and

(b) In demonstrating compliance with paragraph (a), the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the proposed construction’s height to adjacent buildings and views from public ways; and

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 67 DCR 13346 (November 13, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5203

11-E DCMR § 5204 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Final Rulemaking published at 69 DCR 000896 (February 4, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5204

11-E DCMR § 5205 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2887 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5205

11-E DCMR § 5206 [REPEALED]

History

SOURCE: Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5206

11-E DCMR § 5207 [REPEALED]

History

SOURCE: Final Rulemaking published at 67 DCR 13346 (November 13, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Flat (RF) Zones 11-E DCMR § 5207

11-F RESIDENTIAL APARTMENT (RA) ZONES

11-F1 INTRODUCTION TO RESIDENTIAL APARTMENT (RA) ZONES

11-F DCMR § 100 GENERAL PROVISIONS

100.1 Subtitle F is to be read and applied in addition to the regulations included in:

(a) Subtitle A, Authority and Applicability;

(b) Subtitle B, Definitions, Rules of Measurement, and Use Categories;

(d) Subtitle U, Use Permissions.

100.2 Geographically modified zones are indicated by letters following the base zone name, such as RA-2/RC or RA-4/DC.

100.3 For those geographically modified zones, the zone boundaries are described in Subtitle W, Specific Zone Boundaries, and identified on the official Zoning Map.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 100

11-F DCMR § 101 PURPOSE AND INTENT

101.1 The Residential Apartment (RA) zones are residential zones, designed to provide for residential areas suitable for multiple dwelling unit development and supporting uses.

101.2 The RA zones are intended to:

(a) Permit flexibility by allowing all types of residential development;

(b) Promote stable residential areas while permitting a variety of types of urban residential neighborhoods;

(d) Allow limited non-residential uses that are compatible with adjoining residential uses;

(e) Encourage compatibility between the location of new buildings or construction and the existing neighborhood; and

(f) Ensure that buildings and developments around fixed rail stations, transit hubs, and streetcar lines are oriented to support active use of public transportation and safety of public spaces.

101.3 The purposes of the RA-1, RA-2, RA-3, RA-4, and RA-5 zones are to:

(a) Permit flexibility of design by permitting all types of urban residential development if they conform to the height, density, and area requirements established for these districts; and

(b) Permit the construction of those institutional and semi-public buildings that would be compatible with adjoining residential uses and that are excluded from the more restrictive residential zones.

101.4 The RA-1 zone provides for areas predominantly developed with low- to moderate-density development, including detached houses, row houses, and low-rise apartments.

101.5 The RA-2 zone provides for areas developed with predominantly moderate-density residential development.

101.6 The RA-3 zone provides for areas developed with predominantly medium-density residential development.

101.7 The RA-4 zone provides for areas developed with predominantly medium- to high-density residential development.

101.8 The RA-5 zone provides for areas developed with predominantly high-density residential development.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009981 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 101

11-F DCMR § 102 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 102

11-F DCMR § 103 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 103

11-F DCMR § 104 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 104

11-F DCMR § 105 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 105

11-F2 DEVELOPMENT STANDARDS FOR RESIDENTIAL APARTMENT (RA) ZONES

11-F DCMR § 200 DEVELOPMENT STANDARDS

200.1 The development standards of this chapter shall apply to all Residential Apartment (RA) zones except as changed by a geographically modified zone.

200.2 The development standards regulate the bulk of buildings and other structures and the spaces around them, including the following:

(a) Height and number of stories;

(b) Density and lot occupancy;

(d) Environmental performance.

200.3 The Inclusionary Zoning (IZ) requirements and the available IZ modifications to certain development standards and bonus density shall apply to all RA zones as specified in Subtitle C, Chapter 10, Inclusionary Zoning, and the zone-specific development standards of this subtitle.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 200

11-F DCMR § 201 DENSITY

201.1 Except as provided elsewhere in this title, the maximum permitted floor area ratio (FAR) shall be as set forth in the following table:

TABLE F § 201.1: MAXIMUM PERMITTED FLOOR AREA RATIO

Zones

Type of Structure

Maximum FAR

RA-1

Public Library

2.0

All Other Structures

0.9

RA-2

Public Library

2.0

All Other Structures

1.8

RA-3

Public Recreation and Community Center

1.8

All Other Structures

3.0

RA-4

Public Recreation and Community Center

1.8

All Other Structures

3.5

RA-5

Public Recreation and Community Center

1.8

Apartment House or Hotel

6.0

All Other Structures

5.0

201.2 A public recreation and community center shall not exceed a gross floor area of forty thousand square feet (40,000 sq. ft.), unless approved by the Board of Zoning Adjustment as a special exception pursuant to the provisions of Subtitle F § 212.2.

201.3 In any of the RA-1 zones, a public recreation and community center may have a 1.8 FAR if approved by the Board of Zoning Adjustment as a special exception pursuant to the provisions of Subtitle F § 212.2.

201.4 The maximum permitted FAR for Inclusionary Developments in any of the RA-1 through RA-5 zones, incorporating the IZ bonus density authorized by Subtitle C § 1002.3, shall be as set forth in the following table:

TABLE F § 201.4: MAXIMUM PERMITTED FLOOR AREA RATIO FOR INCLUSIONARY DEVELOPMENTS

Zones

Maximum FAR for Inclusionary Developments

RA-1

1.08

RA-2

2.16

RA-3

3.6

RA-4

4.2

RA-5

7.2

201.5 Accessory apartments shall not be permitted in any RA Zone; instead, principal dwelling units are permitted pursuant to Subtitle F, Chapter 2, and Subtitle U Chapter 4.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009981 (July 10, 2026); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 201

11-F DCMR § 202 LOT DIMENSIONS

202.1 Except as provided elsewhere in this section, the minimum required lot width and lot area for the creation of a new lot of record in any of the RA-1 zones shall be as set forth in the following table:

TABLE F § 202.1: MINIMUM LOT WIDTH AND LOT AREA

Zones

Type of Structure

Minimum Lot Width (ft.)

Minimum Lot Area (sq. ft.)

RA-1

All Structures

1,800

202.2 The minimum lot width and lot area of Mandatory or Voluntary Inclusionary Developments may be reduced in any of the RA-1 zones to not less than as set forth in the following table:

TABLE F § 202.2: MINIMUM LOT WIDTH AND LOT AREA FOR

MANDATORY OR VOLUNTARY INCLUSIONARY DEVELOPMENTS

Zones

Type of Structure

Minimum Lot Width (ft.)

Minimum Lot Area (sq. ft.)

RA-1

All Structures

1,500

202.3 In any of the RA-1 zones, each building shall have at least the minimum lot areas as permitted by this section. Each row building, however, need not meet the minimum lot area requirement individually and the difference between the site area and the gross land area may be accumulated into common spaces. Land area used to support the floor area ratio of Multiple Dwellings may also be used for common spaces; provided that all developments seeking this flexibility shall require special exception relief pursuant to Subtitle U § 421.1 to utilize this modification.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009981 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 202

11-F DCMR § 203 HEIGHT

203.2 The maximum permitted height of buildings or structures and number of stories, except as provided in Subtitle F §§ 203.3 through 203.7, shall be as set forth in the following table:

TABLE F § 203.2: MAXIMUM HEIGHT AND NUMBER OF STORIES

Zones

Maximum Height, Not Including Penthouse or Rooftop Structure (ft.)

Maximum Number of Stories

RA-1

RA-2

No Limit

RA-3

No Limit

RA-4

No Limit

RA-5

No Limit

203.3 A public recreation and community center in any of the RA-1 zones may be erected to a height not exceeding forty-five feet (45 ft.) with no limit on number of stories, not including a penthouse or rooftop structure.

203.4 A public recreation and community center in any of the RA-2 through RA-5 zones may not be erected to a height exceeding forty-five feet (45 ft.), not including a penthouse or rooftop structure.

203.5 In any of the RA-1 or RA-2 zones, a place of worship may be erected to a height not exceeding sixty feet (60 ft.) and three (3) stories, not including a penthouse or rooftop structure.

203.6 In any of the RA-1, RA-2, or RA-3 zones, a building or other structure may be erected to a height not exceeding ninety feet (90 ft.) with no limit on number of stories, not including a penthouse or rooftop structure; provided, that the building or structure shall be removed from all lot lines of its lot for a distance equal to the height of the building or structure above the adjacent natural or finished grade, whichever is the lower in elevation.

203.7 In any of the RA-1, RA-2, or RA-3 zones, an institutional building or structure may be erected to a height not exceeding ninety feet (90 ft.) with no limit on number of stories, not including a penthouse or rooftop structure, provided that the building or structure shall be removed from all lot lines of its lot a distance of not less than one foot (1 ft.) for each one foot (1 ft.) of height in excess of that authorized in the zone in which it is located.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 8555 (August 17, 2018); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009981 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 203

11-F DCMR § 204 [RESERVED]

[RESERVED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 204

11-F DCMR § 205 PENTHOUSE AND ROOFTOP STRUCTURE

205.1 The maximum permitted height of a penthouse or rooftop structure and number of stories, except as limited by Subtitle C § 1501 on the roof of a single household dwelling or flat, shall be as set forth in the following table:

TABLE F § 205.1: MAXIMUM PENTHOUSE AND ROOFTOP STRUCTURE HEIGHT AND NUMBER OF STORIES

Zones

Maximum Height

Maximum Number of Stories

RA-1

12 ft.

RA-2

12 ft., except

15 ft. for penthouse mechanical space

Second story permitted for penthouse mechanical space

RA-3

12 ft., except

18 ft. 6 in. for penthouse mechanical space

Second story permitted for penthouse mechanical space

RA-4

20 ft.

1 plus mezzanine;

Second story permitted for penthouse mechanical space

RA-5

20 ft.

1 plus mezzanine;

Second story permitted for penthouse mechanical space

205.2 Notwithstanding Subtitle F § 205.1, in any of the RA-1 and RA-2 zones, a mechanical penthouse or rooftop structure with a maximum height of eighteen feet, six inches, (18 ft. 6 in.) shall be permitted on a non-residential building constructed pursuant to Subtitle F §§ 203.3 through 203.7.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009981 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 205

11-F DCMR § 206 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 206

11-F DCMR § 207 REAR YARD

207.1 Except as provided elsewhere in this title, the minimum required rear yard shall be as set forth in the following table:

TABLE F § 207.1: MINIMUM REAR YARD

Zones

Minimum Rear Yard

RA-1

20 ft.

RA-2

A distance equal to 4 in. per 1 ft. of principal building height, but not less than 15 ft. min.

RA-3

A distance equal to 4 in. per 1 ft. of principal building height but not less than 15 ft. min.

RA-4

A distance equal to 4 in. per 1 ft. of principal building height but not less than 15 ft. min.

RA-5

A distance equal to 3 in. per 1 ft. of principal building height but not less than 12 ft. min.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 208

11-F DCMR § 208 SIDE YARD

208.1 Except as provided elsewhere in this title, the minimum side yard shall be as set forth in this section.

208.2 A side yard shall not be required along a side street abutting a corner lot in any of the RA-1, RA-2, RA-3, RA-4, and RA-5 zones.

208.3 Existing conforming side yards shall not be reduced to a nonconforming width or eliminated.

208.4 In the case of a lot proposed to be used by a public library or public recreation and community center where a side lot line abuts or adjoins a public open space, recreation area, or reservation, no side yard shall be required.

208.5 In any of the RA-1 zones, side yards for buildings containing six (6) Dwelling Units or less shall be as follows:

(a) Side yards for detached buildings shall be a minimum of five feet (5 ft.);

(b) Side yards for semi-detached buildings shall be a minimum of five feet (5 ft.); and

(d) In the case of a building with a non-conforming side yard, an extension or addition may be made to the building; provided, that the width of the existing side yard shall not be reduced or eliminated; and provided further, that the width of the side yard adjacent to the extension or addition shall be a minimum of three feet (3 ft.).

208.6 In the RA-1 zones, Multiple Dwellings containing seven (7) units or more shall provide:

Two side yards of a minimum of eight feet (8 ft.); and

In the case of a building with a non-conforming side yard, an extension or addition may be made to the building; provided, that the width of the existing side yard shall not be reduced or eliminated; and provided further, that the width of the side yard adjacent to the extension or addition shall be a minimum of five feet (5 ft.).

208.7 In any of the RA-2, RA-3, RA-4, and RA-5 zones, the following side yard rules apply:

A detached building containing one (1) or two (2) Dwelling Units shall provide two (2) side yards a minimum of eight feet (8 ft.);

A semi-detached building containing one (1) or two (2) Dwelling Units shall provide one (1) side yard a minimum of eight feet (8 ft.);

No side yards shall be required for a row building containing one (1) or two (2) Dwelling Units;

For all other buildings no side yards are required; however, if a side yard is provided, it shall be a minimum of four feet (4 ft.); and

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009981 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 208

11-F DCMR § 209 COURT

209.1 Courts are not required; however, where a court is provided, the court shall have the following minimum dimensions:

TABLE F § 209.1: MINIMUM COURT DIMENSIONS

Type of Structure

Open Court Minimum Width

Closed Court

Minimum Width

Minimum Area

Residential, 3 units or more

4 in. per 1 ft. of height of court but not less than 10 ft.

4 in. per 1 ft. of height of court but not less than 15 ft.

Twice the square of the required width of court dimension based on the height of the minimum court width; but not less than 350 sq. ft.

All Other Structures

2.5 in. per 1 ft. of height of court but not less than 6 ft.

2.5 in. per 1 ft. of height of court but not less than 12 ft.

Twice the square of the required width of court dimension based on the height of the minimum court width; but not less than 250 sq. ft.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 209

11-F DCMR § 210 LOT OCCUPANCY

210.1 Except as provided in Subtitle F § 212.2 and elsewhere in this title, the maximum permitted lot occupancy shall be as set forth in the following table:

TABLE F § 210.1: MAXIMUM LOT OCCUPANCY

Zones

Type of Structure

Maximum Percentage of

Lot Occupancy (%)

RA-1

Public Recreation and Community Center

Public Library

Places of Worship

All Other Structures

RA-2

Public Recreation and Community Center

All Other Structures

RA-3

Public Recreation and Community Center

All Other Structures

RA-4

Public Recreation and Community Center

All Other Structures

RA-5

Public Recreation and Community Center

All Other Structures

80 (IZ)

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 210

11-F DCMR § 211 GREEN AREA RATIO

211.1 The minimum required green area ratio (GAR) shall be as set forth in the following table:

TABLE F § 211.1: MINIMUM GREEN AREA RATIO

Zones

Minimum GAR

RA-1

RA-2

0.4

RA-3

RA-4

RA-5

0.3

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 211

11-F DCMR § 212 SPECIAL EXCEPTION FOR PUBLIC LIBRARIES AND PUBLIC RECREATION AND COMMUNITY CENTERS

(a) Relief from the limitations of Subtitle F §§ 201.1 and 201.2 shall be limited to a maximum of 1.8 FAR; and

(b) Relief from the lot occupancy limitations of Subtitle F § 210.1 shall be limited to a maximum 40 percent (40%) lot occupancy provided the applicant demonstrates to the Board’s satisfaction that the proposed increase is consistent with the Department of Parks and Recreation’s policy of preserving open space.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 212

11-F3 NAVAL OBSERVATORY RESIDENTIAL APARTMENT ZONE – RA-1/NO

11-F DCMR § 300 PURPOSE AND INTENT

300.1 The base zone development standards in Subtitle F, Chapter 2 shall apply to the RA-1/NO zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

300.2 In addition to the purposes of the RA-1 zone, the purposes of the Naval Observatory Residential Apartment (RA-1/NO) zone are to:

(a) Promote the public health, safety, and general welfare on land adjacent to or in close proximity to the highly sensitive and historically important Naval Observatory, in keeping with the goals and policies of the Federal and District elements of the Comprehensive Plan and the adopted Master Plan for that facility;

(b) Ensure that public land within the zone shall be used in a manner consistent with the historic or ceremonial importance and special missions of the Naval Observatory;

(d) Protect Federal interest concerns, including the critical scientific mission performed at the Naval Observatory and the security needs of the Vice-President's residence; and

(e) Reduce or eliminate any possible harm or restrictions on the mission of the Federal establishment within the zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 300

11-F DCMR § 301 HEIGHT

301.1 In the RA-1/NO zone, the maximum permitted height and number of stories for all buildings, not including a penthouse or rooftop structure, shall be forty feet (40 ft.) and three (3) stories.

301.2 In the RA-1/NO zone, the height of a building shall be measured as follows:

(a) The height of a building shall be the vertical distance measured from the level of the curb opposite the middle of the front of the building to the highest point of the roof or parapet; and

(b) The curb elevation opposite the middle of the front of the building shall be determined as the average elevation of the lot from its front line to its rear lot line.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 301

11-F DCMR § 302 PENTHOUSE AND ROOFTOP STRUCTURE

302.1 A mechanical penthouse or rooftop structure with a maximum height of fifteen feet (15 ft.) and one (1) story shall be permitted on a place of worship, public recreation and community center, or an institutional building.

302.2 A penthouse or rooftop structure permitted by this section shall contain no form of habitable space, other than ancillary space associated with a rooftop deck.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 302

11-F DCMR § 303 PLANNED UNIT DEVELOPMENT

303.1 In the RA-1/NO zone, the provisions of Subtitle X, Chapter 3, shall not operate to permit a planned unit development to exceed the height limits of Subtitle F § 301, or the area, bulk, and yard standards that apply as a matter of right in the RA-1 zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 303

11-F DCMR § 304 SPECIAL EXCEPTION REVIEW CRITERIA

304.1 In reviewing an application for a special exception in the RA-1/NO zone, in addition to the applicable criteria of this subtitle and of Subtitle X, Chapter 9, the Board of Zoning Adjustment shall consider whether the proposed development is compatible with the following:

(a) Present and proposed development within and adjacent to the subject zone;

(b) Goals, objectives, and policies pertaining to federal facilities, as found in the Comprehensive Plan and the Master Plan for the federal facilities within the subject zone; and

(c) Role, mission, and functions of the federal facilities within the subject zone, considering the effect that the proposed development would have on such facilities.

304.2 Before taking action on an application, the Board of Zoning Adjustment shall submit the application to the following agencies for review and written reports:

(a) The Office of Planning;

(b) The District Department of Transportation;

(d) The Historic Preservation Office if a historic district or historic landmark is involved; and

(e) The National Capital Planning Commission.

304.3 The Board of Zoning Adjustment may require special treatment and impose reasonable conditions as it deems necessary to mitigate any adverse impacts identified in the consideration of the application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 304

11-F DCMR § 305 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 305

11-F DCMR § 306 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 306

11-F DCMR § 307 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 307

11-F DCMR § 308 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 308

11-F4 CAPITOL INTEREST RESIDENTIAL APARTMENT ZONE – RA-2/CAP

11-F DCMR § 400 PURPOSE AND INTENT

400.1 The base zone development standards in Subtitle F, Chapter 2 shall apply to the RA-2/CAP zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

400.2 In addition to the purposes of the RA-2 zone, the purposes of the Capitol Interest Residential Apartment (RA-2/CAP) zone are to:

(b) Reflect the importance of and provide sufficient controls for the area adjacent to the U.S. Capitol;

(c) Provide particular controls for properties adjacent to the U.S. Capitol precinct and the area adjacent to this jurisdiction having a well-recognized general public interest; and

(d) Restrict some of the permitted uses to reduce the possibility of harming the U.S. Capitol precinct and the area adjacent to this jurisdiction.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 400

11-F DCMR § 401 HEIGHT

In the RA-2/CAP zone, the maximum permitted height of all buildings or structures, not including a penthouse or rooftop structure, shall not exceed forty feet (40 ft.) and three (3) stories.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 401

11-F DCMR § 402 PENTHOUSE AND ROOFTOP STRUCTURE

402.1 In the RA-2/CAP zone, the maximum permitted height of a penthouse or rooftop structure, except as limited by Subtitle C § 1501 on the roof of a single household dwelling or flat, shall be ten feet (10 ft.) and one (1) story.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 402

11-F DCMR § 403 SPECIAL EXCEPTION REVIEW CRITERIA

403.1 In reviewing an application for a special exception in the RA-2/CAP zone, in addition to the applicable criteria of this subtitle and of Subtitle X, Chapter 9, the Board of Zoning Adjustment shall consider whether the proposed development is:

(a) Compatible with the present and proposed development of the neighborhood;

(b) Consistent with the goals and mandates of the United States Congress in Title V of the Legislative Branch Appropriation Act, 1976 (Master Plan for Future Development of the Capitol Grounds and Related Areas), approved July 25, 1975 (Pub. L. No. 94-59, 89 Stat. 288); and

403.2 Upon receipt of the application the Board of Zoning Adjustment shall refer the application to:

(a) The Architect of the Capitol for review and report; and

(b) The Office of Planning for review, report, and impact assessment along with coordination of reviews in writing of all relevant District departments and agencies including:

(1) The District Department of Transportation;

(2) The Department of Housing and Community Development; and

(3) The Historic Preservation Office if the application involves a historic district or historic landmark.

403.3 The Board may require special treatment and impose reasonable conditions as it deems necessary to mitigate any adverse impacts identified in the consideration of the application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 403

11-F DCMR § 404 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 404

11-F DCMR § 405 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 405

11-F DCMR § 406 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 406

11-F DCMR § 407 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 407

11-F DCMR § 408 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 408

11-F5 DUPONT CIRCLE RESIDENTIAL APARTMENT ZONES - RA-2/DC, RA-4/DC, AND RA-5/DC

11-F DCMR § 500 PURPOSE AND INTENT

500.1 The base zone development standards in Subtitle F, Chapter 2 shall apply to the RA-2/DC, RA-4/DC, and RA-5/DC zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

500.2 In addition to the purposes of the RA zones, the purposes of the Dupont Circle Residential Apartment (RA-2/DC, RA-4/DC, and RA-5/DC) zones are to:

(a) Recognize the Dupont Circle area is a unique resource in the District of Columbia that must be preserved and enhanced;

(b) Provide strong protections to retain its low scale, predominantly residential character, independent small retail businesses, human scale streetscapes, and historic character;

(c) Enhance the residential character of the area by maintaining existing residential uses and controlling the scale and density of residential development;

(e) Preserve areas planned as open gardens and backyards and protect the light, air, and privacy that they provide;

(f) Enhance the streetscape by maintaining the public space in front of buildings as landscaped green spaces; and

(g) Encourage greater use of public transportation and the free circulation of vehicles through public streets and alleys.

500.3 The RA-2/DC, RA-4/DC, and RA-5/DC zones require a scale of development consistent with the nature and character of the Dupont Circle area in height and bulk and ensures a general compatibility in the scale of new buildings with older, low-scale buildings.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 500

11-F DCMR § 501 MISCELLANEOUS

501.1 No garage or associated driveway providing access to required parking spaces or loading berths shall be permitted along Connecticut Avenue from N Street, N.W., to Florida Avenue, N.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 501

11-F DCMR § 502 PLANNED UNIT DEVELOPMENT

502.1 In the RA-2/DC, RA-4/DC, and RA-5/DC zones, the matter-of-right limits on building height, floor area ratio, and penthouse and rooftop structure height of Subtitle F, Chapter 2 shall serve as the maximum permitted building height, floor area ratio, and penthouse and rooftop structure height for a planned unit development.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 502

11-F DCMR § 503 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 503

11-F DCMR § 504 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 504

11-F DCMR § 505 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 505

11-F DCMR § 506 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 506

11-F DCMR § 507 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 507

11-F DCMR § 508 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 508

11-F6 REED-COOKE RESIDENTIAL APARTMENT ZONE – RA-2/RC

11-F DCMR § 600 PURPOSE AND INTENT

600.1 The base zone development standards in Subtitle F, Chapter 2 shall apply to the RA-2/RC zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

600.2 In addition to the purposes of the RA-2 zone, the purposes of the Reed-Cooke Residential Apartment (RA-2/RC) zone are to:

(a) Protect current housing and provide for the development of new housing;

(b) Maintain heights and densities at appropriate levels;

(d) Ensure that new nonresidential uses serve the local community by providing retail goods, personal services, and other activities that contribute to the satisfaction of unmet social, service, and employment needs in the Reed-Cooke and Adams Morgan community;

(e) Protect adjacent and nearby residences from damaging traffic, parking, environmental, social, and aesthetic impacts; and

(f) Ensure the preservation and adaptive reuse of the First Church of Christ Scientist building, located on Lot 872 of Square 2560, through a planned unit development process.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 600

11-F DCMR § 601 MISCELLANEOUS

601.1 In the RA-2/RC zone, in addition to other applicable provisions of this title, the requirements of this chapter shall apply to:

(a) All new construction;

(b) All additions, alterations, or repairs that, within any eighteen (18) month period, exceed in cost fifty percent (50%) of the assessed value of the structure as set forth in the records of the Office of Tax and Revenue on the date of the application for a building permit;

(d) Any existing use that requires a new permit from the Alcoholic Beverage Control Board.

601.2 If there is a dispute between the property owner and the Zoning Administrator about the cost pursuant to Subtitle F § 601.1(b), the cost shall be determined by the average of the estimates furnished by three (3) independent qualified contractors selected in the following manner:

(a) The first shall be selected by the owner;

(b) The second shall be selected by the Zoning Administrator; and

601.3 The estimates provided for by Subtitle F § 601.2 shall be prepared and submitted according to a standard procedure and format established by the Zoning Administrator.

601.4 The cost of estimates shall be at the expense of the property owner.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 601

11-F DCMR § 602 HEIGHT

602.1 In the RA-2/RC zone, the maximum permitted height of all buildings or structures, not including a penthouse or rooftop structure, shall not exceed forty feet (40 ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 602

11-F DCMR § 603 PENTHOUSE OR ROOFTOP STRUCTURE

603.1 In the RA-2/RC zone, the maximum permitted height of a penthouse or rooftop structure, except as limited in Subtitle C § 1501 on the roof of a single household dwelling or flat, shall be as set forth in the following table:

TABLE F § 603.1: MAXIMUM PENTHOUSE OR ROOFTOP STRUCTURE HEIGHT AND NUMBER OF STORIES

Zone

Maximum Height (ft.)

Maximum Number of Stories

RA-2/RC

12, except 15 for penthouse mechanical space

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 603

11-F DCMR § 604 PLANNED UNIT DEVELOPMENT

604.1 In the RA-2/RC zone, the provisions of Subtitle X, Chapter 3 shall not operate to permit a planned unit development to exceed the matter-of-right limits on floor area ratio, building height, and penthouse and rooftop structure height of Subtitle F §§ 201, 602, and 603.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 604

11-F DCMR § 605 SPECIAL EXCEPTION REVIEW CRITERIA

605.1 In reviewing an application for a special exception in the RA-2/RC zone, in addition to the applicable criteria of this subtitle and of Subtitle X, Chapter 9, the Board of Zoning Adjustment shall consider whether the proposed development is compatible with the following:

(a) The use, building, or feature at the size, intensity, and location proposed will substantially advance the stated purposes of the RA-2/RC zone;

(b) Vehicular ingress and egress shall be designed and located so as to minimize conflict with pedestrian ways, to function efficiently, and to create no dangerous or otherwise objectionable traffic condition;

(d) Noise associated with the operation of a proposed use will not adversely affect adjacent or nearby residences;

(e) No outdoor storage of materials, nor outdoor processing, fabricating, or repair shall be permitted; and

(f) The use, building, or feature at the size, intensity, and location proposed will not adversely affect adjacent and nearby property or be detrimental to the health, safety, convenience, or general welfare of persons living, working, or visiting in the area.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 605

11-F DCMR § 606 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 606

11-F DCMR § 607 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 607

11-F DCMR § 608 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 608

11-F49 PUBLIC SCHOOLS

11-F DCMR § 4900 GENERAL PROVISIONS

4900.1 The provisions of this chapter govern the height and bulk of public school buildings.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 4900

11-F DCMR § 4901 DEVELOPMENT STANDARDS

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 4901

11-F DCMR § 4902 DENSITY

4902.1 Public schools shall be permitted a maximum FAR as set forth in the following table:

TABLE F § 4902.1: MAXIMUM FLOOR AREA RATIO FOR PUBLIC SCHOOLS

Zones

Maximum FAR

All RA-1 and RA-2 zones

1.8

All RA-3, RA-4, and RA-5 zones

3.0

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 4902

11-F DCMR § 4903 LOT DIMENSIONS

TABLE F § 4903.1: MINIMUM LOT WIDTH AND AREA FOR PUBLIC SCHOOLS

Zones

Minimum Lot Area (sq. ft.)

Minimum Lot Width (ft.)

All RA-1 and RA-2 zones

9,000

All RA-3, RA-4, and RA-5 zones

No minimum

4903.2 Minimum lot area may include adjacent parcels under the same ownership that are separated only by a public alley.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 4903

11-F DCMR § 4904 HEIGHT

4904.1 Public schools shall be permitted a maximum building height of ninety feet (90 ft.), not including the penthouse or rooftop structure.

4904.2 Public schools shall not be subject to a maximum number of stories.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 4904

11-F DCMR § 4905 PENTHOUSE OR ROOFTOP STRUCTURES

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 4905

11-F DCMR § 4906 REAR YARD

4906.1 A rear yard shall be provided for each public school the minimum depth of which shall be as set forth in the following table:

TABLE F § 4906.1: MINIMUM REAR YARD FOR PUBLIC SCHOOLS

Zones

Minimum Rear Yard (ft.)

All RA-1 zones

All RA-2, RA-3, and RA-4 zones

4 in. per 1 ft. of vertical distance from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof or parapet wall, but not less than 15 ft.

All RA-5 zones

3 in. per 1 ft. of vertical distance from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof or parapet wall, but not less than 12 ft.

4906.2 In the case of a lot that abuts or adjoins along the rear lot line a public open space, recreation area, or reservation, no rear yard shall be required.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 4906

11-F DCMR § 4907 SIDE YARD

4907.1 In all RA-1 zones, one (1) side yard, a minimum of eight feet (8 ft.) in width, shall be provided.

4907.2 In an RA zone other than the RA-1 zone, a side yard shall not be required. However, except as provided in Subtitle F §§ 4907.3 and 4907.4, if the yard is provided, it shall be not less than five feet (5 ft.) wide.

4907.3 In the case of a lot that abuts or adjoins a public open space, recreation area, or reservation on one (1) or more side lot line, a required side yard may be reduced or omitted.

4907.4 A side yard may be reduced or omitted along a side street abutting a corner lot in an RA zone.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 4907

11-F DCMR § 4908 COURT

4908.1 Where a court is provided, it shall have the following minimum dimensions:

TABLE F § 4908.1: MINIMUM COURT DIMENSIONS FOR PUBLIC SCHOOLS

Zone

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

RA zones

2.5 in./ft. of height of court; 6 ft. minimum

2.5 in./ft. of height of court; 12 ft. minimum

Twice the square of the required width of court dimension; 250 sq. ft. minimum

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 4908

11-F DCMR § 4909 LOT OCCUPANCY

4909.1 Public schools shall not occupy a lot in excess of the maximum lot occupancy as set forth in the following table:

TABLE F § 4909.1: MAXIMUM LOT OCCUPANCY FOR PUBLIC SCHOOLS

Zone

Maximum Lot Occupancy (%)

RA-1, RA-2

RA-3, RA-4, RA-5, RA-10, RA-11

RA-6, RA-7, RA-8, RA-9

4909.2 A public school may occupy the lot upon which it is located in excess of the permitted percentage of lot occupancy prescribed in this section provided the portion of the building, excluding closed court, exceeding the lot coverage shall not exceed twenty feet (20 ft.) in height or two (2) stories.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 4909

11-F DCMR § 4910 SPECIAL EXCEPTION

4910.1 Exceptions to the development standards of this chapter for public schools shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 4910

11-F50 ACCESSORY BUILDING REGULATIONS FOR RESIDENTIAL APARTMENT (RA) ZONES

11-F DCMR § 5000 GENERAL PROVISIONS

GENERAL PROVISIONS

Accessory buildings shall be permitted within an RA zone subject to the conditions of this chapter.

5000.2 An accessory building shall:

(b) Be used for purposes which are incidental to the use of the principal building; provided that no more than one (1) accessory apartment shall be allowed;

(d) Be constructed after the construction of a principal building on the same lot; and

(e) Not be constructed in front of the principal building.

5000.3 An accessory building shall be included in the calculation of lot occupancy and shall comply with all yards required for accessory buildings in the zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 002908 (March 19, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5000

11-F DCMR § 5001 DEVELOPMENT STANDARDS

5001.1 The development standards in Subtitle F, Chapter 2, shall apply to accessory buildings in the RA zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

5001.2 The bulk of accessory buildings in the RA zones shall be controlled through the development standards in Subtitle F §§ 5002 through 5004.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2908 (March 19, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5001

11-F DCMR § 5002 HEIGHT

HEIGHT

The maximum permitted height for an accessory building shall be twenty-two feet (22 ft.) and two (2) stories.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 002908 (March 19, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5002

11-F DCMR § 5003 REAR YARD

REAR YARD

5003.1 An accessory building other than a shed may be located within a rear yard in an RA zone provided that the accessory building is:

(a) Set back at least seven and one-half feet (7.5 ft.) from the centerline of any alley; and

(b) Not occupying, in combination with all accessory buildings on a lot, more than thirty percent (thirty percent (30%)) of the area of a required rear yard.

5003.2 A shed may be located in a required rear yard of a principal building.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 002908 (March 19, 2021); as amended by Final Rulemaking published at 72 DCR 009494 (September 5, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5003

11-F DCMR § 5004 SIDE YARD

5004.1 An accessory building other than a shed may be located in a side yard in an RA zone provided that the accessory building is removed from the side lot line a distance equal to the required side yard and from the principal building a minimum of ten feet (10 ft.).

5004.2 A shed may be located in a required side yard of a principal building.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 002908 (March 19, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5004

11-F DCMR § 5005 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Final Rulemaking published at 69 DCR 000896 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5005

11-F51 ALLEY LOT REGULATIONS FOR RESIDENTIAL APARTMENT (RA) ZONES

11-F DCMR § 5100 GENERAL PROVISIONS

GENERAL PROVISIONS

5100.1 The purposes of this section are to:

(a) Facilitate the re-use of existing alley buildings and the use of vacant or underutilized alley lots;

(b) Ensure that alley buildings are compatible with the surrounding built environment; and

5100.2 The following development standards shall apply to buildings and structures on Alley Record Lots in RA zones, and are intended to achieve the purposes of Subtitle F § 5100.1. The base zone development standards shall also apply except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

TABLE F § 5100.2: ALLEY LOT DEVELOPMENT STANDARDS (RA)

(a)

Maximum Height

25 ft. and 2 stories

(b)

Maximum Lot Occupancy

Less than 1,800 sq. ft. of lot area

No maximum

Less than 2,000 sq. ft. but greater than or equal to 1,800 sq. ft. of lot area

90%

2,000 sq. ft. of lot area or more

80%

(c)

Minimum Yard Dimensions

5 ft. from any portion of a lot line that abuts any non-Alley Lot; Otherwise none required.

(d)

Minimum Alley Centerline Setback

7.5 ft. from the centerline of all abutting alleys

(e)

Minimum Pervious Surface

Less than 2,000 sq. ft. of lot area

10%

2,000 sq. ft. of lot area or more

20%

5100.3 Uses on Alley Lots shall be as permitted in Subtitle U, Chapter 6.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5100

11-F DCMR § 5101 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5101

11-F DCMR § 5102 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Errata Notice published at 69 DCR 014955 (December 9, 2022). EDITOR’S NOTE: Z.C. Case No. 14-13E (published at 68 DCR 013834 (December 24, 2021)) was decided prior to Z.C. Case No. 19-13 (published at 67 DCR 12690 (October 30, 2020)) by the Zoning Commission. Therefore, Section 11-F5102 shall remain repealed as stated in Z.C. Case No. 19-13. District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5102

11-F DCMR § 5103 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5103

11-F DCMR § 5104 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5104

11-F DCMR § 5105 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5105

11-F DCMR § 5106 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5106

11-F DCMR § 5107 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5107

11-F52 RELIEF FROM REQUIRED DEVELOPMENT STANDARDS FOR RA ZONES

11-F DCMR § 5200 GENERAL PROVISIONS

GENERAL PROVISIONS

The provisions of this chapter provide for special exception relief to the specified development standards and regulations as a special exception, subject to the provisions of each section and the general special exception criteria at Subtitle X, Chapter 9.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Final Rulemaking published at 69 DCR 000896 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5200

11-F DCMR § 5201 SPECIAL EXCEPTION RELIEF FROM CERTAIN REQUIRED DEVELOPMENT STANDARDS

SPECIAL EXCEPTION RELIEF FROM CERTAIN REQUIRED DEVELOPMENT STANDARDS

For an addition to a principal residential building on a non-alley lot or for a new principal residential building on a substandard non-alley record lot as described by Subtitle C § 301.1, the Board of Zoning Adjustment may grant relief from the following development standards of this subtitle as a special exception, subject to the provisions of this section and the general special exception criteria at Subtitle X, Chapter 9.

Lot occupancy up to a maximum of seventy percent (70%) for all new and existing structures on the lot;

Yards, including alley centerline setback;

(d) Green Area Ratio.

For a new or enlarged accessory structure to a residential building with one (1) principal dwelling unit on a non-alley lot, the Board of Zoning Adjustment may grant relief from the following development standards as a special exception, subject to the provisions of this section and the general special exception criteria at Subtitle X, Chapter 9:

(a) Lot occupancy up to a maximum of seventy percent (70%) for all new and existing structures on the lot;

(b) Yards, including alley centerline setback;

(d) Green Area Ratio.

(a) Height, to a maximum of thirty-five feet (35 ft.) and three (3) stories;

(b) Lot occupancy;

(d) Pervious surface.

An application for special exception relief under this section shall demonstrate that the proposed addition, new building, or accessory structure, shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, specifically:

The light and air available to neighboring properties shall not be unduly compromised;

The privacy of use and enjoyment of neighboring properties shall not be unduly compromised;

The proposed addition or accessory structure, together with the original building, or the new building, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale, and pattern of houses along the street and alley frontage; and

In demonstrating compliance with paragraphs (a), (b), and (c) of this subsection, the applicant shall use graphical representations such plans, photographs, or elevation and section drawings sufficient to represent the relationship of the proposed addition or accessory structure to adjacent buildings and views from public ways.

Where an application requests relief from the alley centerline setback requirements under this section, the Office of Zoning shall refer the application to the following agencies for their review and recommendations, to be filed in the case record within the forty- (40) day period established by Subtitle A § 211:

(a) District Department of Transportation (DDOT);

(b) Department of Public Works (DPW);

(d) Fire and Emergency Medical Services Department (FEMS);

(e) Department of Energy and the Environment (DOEE); and

(f) If a historic district or historic landmark is involved, the Historic Preservation Office (HPO).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5201

11-F DCMR § 5202 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5202

11-F DCMR § 5203 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5203

11-F DCMR § 5204 [RESERVED]

[RESERVED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 8068 (July 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5204

11-F DCMR § 5205 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2915 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Errata Notice published at 69 DCR 014955 (December 9, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5205

11-F DCMR § 5206 [REPEALED]

History

SOURCE: Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Residential Apartment (RA) Zones 11-F DCMR § 5206

11-G MIXED-USE (MU) ZONES

11-G1 INTRODUCTION TO MIXED-USE (MU) ZONES

11-G DCMR § 100 GENERAL PROVISIONS

100.1 Subtitle G is to be read and applied in addition to the regulations included in:

(a) Subtitle A, Authority and Applicability;

(b) Subtitle B, Definitions, Rules of Measurement, and Use Categories;

(d) Subtitle H, Neighborhood Mixed-Use (NMU) Zones; and

(e) Subtitle U, Use Permissions.

100.2 Geographically modified zones are indicated by letters following the base zone name, such as MU-4/CAP/CHC or MU-7B/FT.

100.3 For those geographically modified zones, the zone boundaries are described in Subtitle W, Specific Zone Boundaries, and identified on the official Zoning Map.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 100

11-G DCMR § 101 PURPOSE AND INTENT

101.1 The Mixed-Use (MU) zones provide for mixed-use developments that permit a broad range of commercial, institutional, and multiple dwelling residential development at varying densities.

101.2 The MU zones are designed to provide facilities for housing, shopping, and business needs, including residential, office, service, and employment centers.

101.3 The MU zones are intended to:

(a) Provide for the orderly development and use of land and structures in the MU zones, characterized by a mixture of land uses;

(b) Provide for a varied mix of residential, employment, retail, service, and other related uses at appropriate densities and scale throughout the city;

(c) Reflect a variety of building types, including, but not limited to, shop-front buildings which may include a vertical mixture of residential and non-residential uses, buildings made up entirely of residential uses, and buildings made up entirely of non-residential uses;

(d) Encourage safe and efficient conditions for pedestrian and motor vehicle movement;

(e) Ensure that infill development is compatible with the prevailing development pattern within the zone and surrounding areas;

(f) Preserve and enhance existing commercial nodes and surroundings by providing an appropriate scale of development and range of shopping and service opportunities; and

(g) Ensure that buildings and developments around fixed rail stations, transit hubs, and streetcar lines are oriented to support active use of public transportation and safety of public spaces.

101.4 The purposes of the MU-1 and MU-2 zones are to:

(a) Act as a buffer between adjoining non-residential and residential areas, and to ensure that new development is compatible in use, scale, and design with the transitional function of this zone;

(b) Preserve and protect areas adjacent to non-residential uses or zones that contain a mix of row houses, apartments, offices, and institutions at a medium to high density, including buildings of historic and architectural merit; and

101.5 The MU-1 zone is intended to permit moderate-density development in areas predominantly developed with residential buildings but also permitting non-residential buildings.

101.6 The MU-2 zone is intended to permit medium-density development in areas predominantly developed with residential buildings but also permitting non-residential buildings.

101.7 The MU-3 through MU-10 and MU-15 zones are mixed-use zones that are intended to be applied throughout the city consistent with the density designation of the Comprehensive Plan. A zone may be applied to more than one (1) density designation.

101.8 The MU-3 zones are intended to:

(a) Permit low-density mixed-use development; and

(b) Provide convenient retail and personal service establishments for the day-to-day needs of a local neighborhood, as well as residential and limited community facilities with a minimum impact upon surrounding residential development.

101.9 The MU-4 zone is intended to:

(a) Permit low to moderate-density mixed-use development;

(b) Provide facilities for shopping and business needs, housing, and mixed uses for large segments of the District of Columbia outside of the central core; and

(c) Be located in low- and moderate-density residential areas with access to main roadways or rapid transit stops, and include office employment centers, shopping centers, and moderate bulk mixed-use centers.

101.10 The MU-5 zones are intended to:

(a) Permit moderate-density, compact mixed-use development with an emphasis on residential use;

(b) Provide facilities for shopping and business needs, housing, and mixed uses for large segments of the District of Columbia outside of the central core; and

101.11 The MU-6 zones are intended to:

(a) Permit medium- to high-density mixed-use development with a focus on residential use; and

(b) Provide facilities for shopping and business needs, housing, and mixed uses for large segments of the District of Columbia outside of the central core.

101.12 The MU-7 zones are intended to:

(a) Permit moderate to medium density mixed-use development; and

(b) Be located on arterial streets, in uptown and regional centers, and at rapid transit stops.

101.13 The MU-8 zones are intended to:

(a) Permit medium-density mixed-use development with a focus on employment and residential use;

(b) Be located in uptown locations, where a large component of development will be office-retail and other non-residential uses; and

(c) Be located in or near the Central Employment Area, on arterial streets, in uptown and regional centers, and at rapid transit stops.

101.14 The MU-9 zones are intended to:

(a) Permit high-density mixed-use development including office, retail, and housing, with a focus on employment and residential use; and

(b) Be located in or near the Central Employment Area, on arterial streets, in uptown and regional centers, and at rapid transit stops.

101.15 The MU-10 zone is intended to:

(a) Permit medium- to high-density mixed-use development with a balance of uses conducive to a higher quality of life and environment for residents, businesses, employees, and institutions;

(b) Be applied to areas where a mixture of uses and building densities is intended to carry out elements of the Comprehensive Plan, small area plans, or framework plans, including goals in employment, population, transportation, housing, public facilities, and environmental quality;

(d) Allow residential and non-residential bulk to be apportioned between two (2) or more lots in the same square.

101.16 The MU-15 zone is intended to:

(a) Permit high-density mixed-use development including office, retail, and housing, with a focus on employment; and

(b) Be located in or near the downtown core that comprises the retail and office centers for both the District of Columbia and the metropolitan area.

101.17 The MU-11, MU-12, MU-13, and MU-14 zones are mixed-use zones that are intended to be applied generally in the vicinity of the waterfront.

101.18 The MU-11 zone is intended to:

(a) Permit open space, park, and low-density and low-height waterfront-oriented retail and arts uses; and

(b) Be applied in undeveloped waterfront areas.

101.19 The MU-12 zone is intended to permit moderate-density mixed-use development generally in the vicinity of the waterfront.

101.20 The MU-13 zone is intended to permit medium-density mixed-use development generally in the vicinity of the waterfront.

101.21 The MU-14 zone is intended to permit high-density mixed-use development generally in the vicinity of the waterfront.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 101

11-G DCMR § 102 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 102

11-G DCMR § 103 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 103

11-G DCMR § 104 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 104

11-G DCMR § 105 [REPEALED]

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 105

11-G2 DEVELOPMENT STANDARDS FOR MIXED-USE (MU) ZONES - MU-1 THROUGH MU-15

11-G DCMR § 200 DEVELOPMENT STANDARDS

200.1 The development standards of this chapter shall apply to all the MU-1 through MU-15 zones except as changed by a geographically modified zone.

200.2 The development standards regulate the bulk of buildings and other structures and the spaces around them, including the following:

(a) Height and number of stories;

(b) Density and lot occupancy;

(d) Environmental performance.

200.3 The Inclusionary Zoning (IZ) requirements and the available IZ modifications to certain development standards and bonus density shall apply to all MU zones as specified in Subtitle C, Chapter 10, Inclusionary Zoning, and in the zone-specific development standards of this subtitle.

200.4 A building or structure in existence with a valid Certificate of Occupancy prior to January 1, 2022, may convert existing gross floor area to the “Residential” use category of Subtitle B § 200.2 as a matter of right even if the building or structure or portion thereof to be converted does not comply with the following development standards of this subtitle for residential use:

(a) Courts;

(b) Floor Area Ratio (FAR);

(d) Height;

(e) Lot Occupancy;

(f) Waterfront Setback; or

(g) Yards.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 69 DCR 012110 (October 7, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 200

11-G DCMR § 201 DENSITY

201.1 Except as provided elsewhere in this title, in any of the MU-1 through MU-14 zones, the maximum permitted floor area ratio (FAR) shall be as set forth in the following table:

TABLE G § 201.1: MAXIMUM PERMITTED FLOOR AREA RATIO

Zones

Maximum Total FAR

Maximum Non-Residential FAR

MU-1

4.0

4.8 (IZ)

2.5

MU-2

6.0

7.2 (IZ)

3.5

MU-3A

1.0

1.2 (IZ)

1.0

MU-3B

2.0

2.4 (IZ)

1.5

MU-4

2.5

3.0 (IZ)

1.5

MU-5A

3.5

4.2 (IZ)

1.5

MU-5B

3.5

4.2 (IZ)

1.5

MU-6A

6.0

7.2 (IZ)

1.0

MU-6B

6.0

7.2 (IZ)

2.0

MU-7A

4.0

4.8 (IZ)

1.0

MU-7B

4.0

4.8 (IZ)

2.5

MU-8A

5.0

6.0 (IZ)

1.0

MU-8B

5.0

6.0 (IZ)

4.0

MU-9A

6.5

7.8 (IZ)

1.0

MU-9B

6.5

7.8 (IZ)

6.5

MU-10

6.0

7.2 (IZ)

3.0

MU-11

0.5

MU-12

2.5

3.0 (IZ)

1.0

MU-13

4.0

4.8 (IZ)

2.0

MU-14

6.0

7.2 (IZ)

5.0

201.2 In any of the MU-4 and MU-5 zones, an existing building on a lot with an area ten thousand square feet (10,000 sq. ft.) or less may have a maximum density of 2.0 FAR for non-residential uses; provided the uses are located in the ground story and the story directly above the ground story. For new construction, any additional use is limited to 0.5 FAR.

201.3 In any of the MU-10 zones, the allowable residential and non-residential FAR may be apportioned between two (2) or more lots in the same square, regardless of the FAR limits, subject to a combined lot agreement in accordance with the provisions of Subtitle C, Chapter 12 and the following:

(a) The aggregate residential and non-residential FAR may not exceed the zone limits; and

(b) For the purposes of this subsection, the term "residential FAR" shall include single household dwellings, flats, multiple dwellings, rooming and boarding houses, community-based residential facilities, inns, and guest room areas and service areas within hotels.

201.4 In any of the MU-11 zones, the density on a lot used exclusively for recreational use, marina, yacht club, or boathouse buildings and structures shall not exceed 0.75 FAR; provided that for the purposes of this subsection, FAR shall be the gross floor area of all buildings and structures located on land and any associated permanent structure located on, in, or over water, other than a floating home, divided by the total area of the lot.

201.5 In any of the MU-11 through MU-14 zones, the guestroom areas and service areas within lodging uses may be charged against the “Maximum Total FAR.”

201.6 In any of the MU-15 zones, the maximum permitted FAR shall be as set forth in the following table, except as provided elsewhere in this title:

TABLE G § 201.6: MAXIMUM PERMITTED FLOOR AREA RATIO

MU-15 Zone Height

Maximum Total FAR

Maximum Non-Residential FAR

Buildings erected to a height of 110 ft. or less

8.5

10.2 (IZ)

8.5

Buildings erected to a height in excess of 110 ft. as permitted in Subtitle G § 203.4

10.0

12.0 (IZ)

10.0

201.7 In any of the MU-1, MU-2, or MU-10 through MU-14 zones a public recreation and community center shall not exceed a gross floor area of forty thousand square feet (40,000 sq. ft.).

201.8 In any of the MU-1, MU-2, and MU-10 through MU-14 zones, relief from the maximum gross floor area of Subtitle G § 201.7 for public recreation and community centers may be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9.

201.9 In the MU-1, MU-2, or MU-12 through MU-14 zones, a public recreation and community center shall not exceed a 1.8 FAR.

201.10 Accessory apartments shall not be permitted in any MU Zone; instead, principal dwelling units are permitted pursuant to Subtitle G, Chapter 2, and Subtitle U Chapter 5.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 69 DCR 012110 (October 7, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 201

11-G DCMR § 202 [RESERVED]

[RESERVED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 202

11-G DCMR § 203 HEIGHT

203.1 Except as provided elsewhere in this title, the maximum permitted height of buildings or structures, not including a penthouse or rooftop structure, and the maximum number of stories shall be as set forth in section.

203.2 The maximum permitted height of buildings or structures and number of stories, except as provided in Subtitle G §§ 203.3 through 203.6, shall be as set forth in the following table:

TABLE G § 203.2: MAXIMUM HEIGHT AND NUMBER OF STORIES

Zones

Maximum Height, Not Including Penthouse or Rooftop Structure (ft.)

Maximum Number of Stories

MU-1

70 (IZ)

No Limit

MU-2

No Limit

MU-3A

MU-3B

MU-4

No Limit

MU-5A

70 (IZ)

No Limit

MU-5B

No Limit

MU-6A

MU-6B

100 (IZ)

No Limit

MU-7A

MU-7B

No Limit

MU-8A

MU-8B

No Limit

MU-9A

MU-9B

100 (IZ)

No Limit

MU-10

100 (IZ)

No Limit

MU-11

No Limit

MU-12

50 (IZ)

No Limit

MU-13

80 (IZ)

No Limit

MU-14

100 (IZ)

No Limit

MU-15

110

No Limit

203.3 In the MU-10 zone on Square 175, the maximum permitted building height, not including a penthouse or rooftop structure, shall be limited to sixty feet (60 ft.) for the first forty feet (40 ft.) of horizontal depth, measured from the lot line on the south side of the public alley that abuts the rear of Lots 24, 25, 26, 27, 28, and 29.

203.4 In any of the MU-11 zones, a building or structure located on, in, or over the water; or a watercraft, including a floating home shall have a maximum height of twenty-five feet (25 ft.), not including a penthouse or rooftop structure. For the purposes of this subsection, the maximum height shall be measured from the mean high-water level along the shore directly in front of the building, structure, or watercraft to the highest point of the building or structure, not including sailboat masts.

203.5 In any of the MU-15 zones, a building or other structure may be erected to a height not exceeding one hundred-thirty feet (130 ft.), not including a penthouse or rooftop structure; provided, that the building or other structure shall face or abut a street not less than one hundred-ten feet (110 ft.) wide between building lines.

203.6 In any of the MU-1, MU-2, MU-10, or MU-12 through MU-14 zones, a public recreation and community center may not be erected to a height exceeding forty-five feet (45 ft.), not including a penthouse or rooftop structure.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 002309 (February 20, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 203

11-G DCMR § 204 TRANSITION SETBACKS IN THE MU-3B ZONE

204.1 In the MU-3B zone, the following transition setback requirements shall apply to any building or portion of a building within thirty feet (30 ft.) of a lot line directly abutting an R zone:

(a) A twenty-foot (20 ft.) minimum transition setback shall be provided from any lot line directly abutting an R zone extended as a vertical plane parallel to each abutting lot line. No building or portion of a building shall be constructed within the twenty-foot (20 ft.) transition setback; and

(b) An additional upper-story transition setback of ten feet (10 ft.) minimum shall be provided above a building height of forty feet (40 ft.), or top of third story.

204.2 Any required transition setback area required by this section shall not be used for loading.

204.3 A minimum of six feet (6 ft.) of any transition setback area required by this section, measured in from the abutting residential lot line, shall be landscaped with evergreen trees subject to the following conditions:

(a) The trees shall be maintained in a healthy growing condition;

(b) The trees shall be a minimum of eight feet (8 ft.) high when planted; and

(c) Planting locations and soil preparation techniques shall be shown on a landscape plan submitted with the building permit application to the Department of Buildings for review and approval according to standards maintained by the Department of Energy and Environment, which may require replacement of heavy or compacted soils with top and drainage mechanisms as necessary.

204.4 A required transition setback may include a required side or rear yard provided all conditions of each section are met.

204.5 No residential communal outdoor recreation space shall be located within fifty feet (50 ft.) of any lot line directly abutting an R zone extended as a vertical plane parallel to each abutting lot line.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 204

11-G DCMR § 205 PENTHOUSE AND ROOTOP STRUCTURE

205.1 In any of the MU-1 through MU-15 zones, the maximum permitted height of a penthouse or rooftop structure, except as limited by Subtitle C § 1501 on the roof of a single household dwelling or flat, shall be as set forth in the following table:

TABLE G § 205.1: MAXIMUM PENTHOUSE AND ROOFTOP STRUCTURE HEIGHT AND NUMBER OF STORIES

Zones

Maximum Height

Maximum Number of Stories

MU-1

12 ft., except

18 ft. 6 in. for penthouse mechanical space

Second story permitted for penthouse mechanical space

MU-2

20 ft.

1 plus mezzanine;

Second story permitted for penthouse mechanical space

MU-3A

MU-3B

MU-4

MU-11

MU-12

12 ft., except

15 ft. for penthouse mechanical space

Second story permitted for penthouse mechanical space

MU-5A

MU-7A

MU-7B

MU-13

12 ft., except

18 ft. 6 in. for penthouse mechanical space

Second story permitted for penthouse mechanical space

MU-5B

MU-8A

MU-8B

20 ft.

Second story permitted for penthouse mechanical space

MU-6A

MU-6B

MU-9A

MU-9B

MU-10

MU-14

MU-15

20 ft.

1 plus mezzanine;

Second story permitted for penthouse mechanical space

205.2 Notwithstanding Subtitle G § 205.1, in any of the MU-11 zones, a penthouse or rooftop structure less than ten feet (10 ft.) in height above a roof or parapet wall of a structure on Kingman Island shall not be subject to the requirements of Subtitle C, Chapter 15, if the top of the penthouse or rooftop structure is below the maximum building height prescribed for the MU-11 zone.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 205

11-G DCMR § 206 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 206

11-G DCMR § 207 REAR YARD

207.1 Except as provided elsewhere in this title, in any of the MU-1 through MU-15 zones, the minimum required rear yard shall be as set forth in this section.

207.2 In all MU zones, where a lot does not abut an alley, the rear yard shall be measured from the rear lot line to the rear wall of the building or other structure.

207.3 Except as provided in Subtitle G § 207.4, in any of the MU-1 and MU-2 zones, a minimum rear yard of two and one-half inches (2.5 in.) per one foot (1 ft.) of vertical distance from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof or parapet wall, but not less than twelve feet (12 ft.).

207.4 In any of the MU-1 and MU-2 zones, the depth of rear yard required in Subtitle G § 207.4 may be measured as follows:

(a) Where a lot abuts an alley, from the center line of the alley to the rear wall of the building or other structure. A rear yard on the lot need not be provided below a horizontal plane twenty feet (20 ft.) above the mean finished grade measured at the middle of the rear wall of that portion of the building or other structure below the twenty foot (20 ft.) plane; or

(b) Where a lot does not abut an alley, the depth of rear yard shall be measured as specified in the definition of "rear yard," except a rear yard need not be provided below a horizontal plane twenty feet (20 ft.) above the mean finished grade measured at the middle of the rear wall of that portion of the building or other structure below the twenty foot (20 ft.) plane.

207.5 Except as provided in Subtitle G § 207.8, in any of the MU-3 zones, a minimum rear yard of twenty feet (20 ft.) shall be provided.

207.6 Except as provided in Subtitle G § 207.8, in any of the MU-4 through MU-6 zones, a minimum rear yard of fifteen feet (15 ft.) shall be provided.

207.7 Except as provided in Subtitle G § 207.8, in any of the MU-7 zones, a minimum rear yard of two and one-half inches (2.5 in.) per one foot (1 ft.) of vertical distance from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof or parapet wall, but not less than twelve feet (12 ft.) shall be provided.

207.8 In any of the MU-3 through MU-7 zones, the depth of rear yard required in Subtitle G §§ 207.5 through 207.7 may be measured as follows:

(a) For that portion of the structure below a horizontal plane twenty feet (20 ft.) above the mean finished grade at the middle of the rear of the structure from the center line of the alley to the rear wall of the portion; and

(b) For that portion of the structure above the horizontal plane described in Subtitle G § 207.8(a), the depth of rear yard shall be measured from the rear lot line to the rear wall of that portion immediately above the plane.

207.9 Except as provided in Subtitle G § 207.10, in any of the MU-8, MU-9, and MU-15 zones, a minimum rear yard of two and one-half inches (2.5 in.) per one foot (1 ft.) of vertical distance from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof or parapet wall, but not less than twelve feet (12 ft.) shall be provided.

207.10 In any of the MU-8, MU-9, and MU-15 zones, the depth of rear yard required in Subtitle G § 207.9 may be measured as follows:

207.11 Except as provided in Subtitle G § 207.12, in any of the MU-10 zones, a minimum rear yard of two and one-half inches (2.5 in.) per one foot (1 ft.) of vertical distance from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof or parapet wall, but not less than twelve feet (12 ft.) shall be provided.

207.12 In any of the MU-10 zones, rear yards are required only for residential uses and shall be established subject to the following conditions:

(a) A rear yard shall be established no lower than the first level of residential use; and

(b) Where a lot abuts an alley, the rear yard may be measured from the centerline of the alley to the rear wall of the building or other structure.

207.13 In any of the MU-11 through MU-14 zones, a minimum rear yard of twelve feet (12 ft.) shall be provided subject to the following conditions:

(a) A rear yard is required only for residential uses and shall be established no lower than the first level of residential use;

(b) Where a lot abuts an alley, the rear yard may be measured from the centerline of the alley to the rear wall of the building or other structure; and

Where a lot does not abut an alley, the rear yard shall be measured from the rear lot line to the rear wall of the building or other structure.

207.14 Relief from the rear yard requirements of Subtitle G § 207 may be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following conditions and the general special exception criteria at Subtitle X, Chapter 9:

(a) Provision shall be included for service functions, including parking and loading access and adequate loading areas; and

(b) Upon receiving an application for relief from rear yard requirements of this section, the Board of Zoning Adjustment shall submit the application to the Office of Planning for coordination, review, report, and impact assessment, along with coordination of reviews in writing from all relevant District of Columbia departments and agencies, including:

(1) The District Department of Transportation;

(2) The Department of Housing and Community Development; and

(3) The Historic Preservation Office if the application involves a historic district or historic landmark.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 207

11-G DCMR § 208 SIDE YARD

208.1 Except as provided elsewhere in this title, in any of the MU-1 through MU-15 zones, the minimum side yard shall be as set forth in this section.

208.2 In any of the MU-1 through MU-10 and MU-15 zones, no side yard is required for a building or structure other than a detached or semi-detached single household dwelling; however, if a side yard is provided, it shall be at least two inches (2 in.) wide for each one foot (1 ft.) of height of building, but no less than five feet (5 ft.).

208.3 In any of the MU-1 through MU-10 and MU-15 zones, a minimum side yard of eight feet (8 ft.) shall be provided for a detached or semi-detached single household dwelling.

208.4 Notwithstanding Subtitle G §§ 208.2 and 208.3, in the MU-10 zone on Square 175, a side yard shall be provided for a building or structure for a minimum width of twelve feet (12 ft.) from any lot line adjoining an RA zone for the first one hundred forty-five feet (145 ft.) of horizontal depth as measured from the lot line on U Street, N.W.

208.5 In any of the MU-11 zones, for any building or structure located in whole or in part on land, the minimum width of each side yard shall be twelve feet (12 ft.).

208.6 In any of the MU-12, MU-13, and MU-14 zones, no side yard shall be required; however, if a side yard is provided, it shall be at least eight feet (8 ft.) in width.

208.7 Any portion of a building set back from the side lot line shall be considered a side yard and not a court.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 002309 (February 20, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 208

11-G DCMR § 209 COURT

209.1 Courts are not required in any of the MU-1 through MU-15 zones; however, where a court is provided, the court shall have the following minimum dimensions:

TABLE G § 209.1: MINIMUM COURT DIMENSIONS

Type of Structure

Open Court

Minimum Width

Closed Court

Minimum Width

Minimum Area

Residential, 3 or more units

4 in. per 1 ft. of height of court but not less than

10 ft.

4 in. per 1 ft. of height of court; but not less than

15 ft.

Twice the square of the required width of court dimension based on the height of the minimum court width; but not less than 350 sq. ft.

All Other Structures

2.5 in. per 1 ft. of height of court but not less than

6 ft.

2.5 in. per 1 ft. of height of court; but not less than

12 ft.

Twice the square of the required width of court dimension based on the height of the minimum court width; but not less than 250 sq. ft.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 209

11-G DCMR § 210 LOT OCCUPANCY

210.1 Except as provided in Subtitle G § 210.4 and elsewhere in this title, in any of the MU-1 through MU-15 zones, the maximum permitted lot occupancy for a residential use shall be as set forth in the following table:

TABLE G § 210.1: MAXIMUM LOT OCCUPANCY FOR RESIDENTIAL USE

Zones

Maximum Percentage of Lot Occupancy (%)

MU-1

MU-2

90 (IZ)

MU-3A

MU-3B

75 (IZ)

MU-4

75 (IZ)

MU-5A

MU-5B

MU-6A

MU-6B

80 (IZ)

MU-7A

MU-7B

80 (IZ)

MU-8A

MU-8B

N/A

MU-9A

MU-9B

N/A

MU-10

80 (IZ)

MU-11

See Subtitle G § 210.3

MU-12

MU-13

MU-14

80 (IZ)

MU-15

N/A

210.2 In any of the MU-10 zones the percentage of lot occupancy may be calculated on a horizontal plane located at the lowest level where residential uses begin, “residential uses” includes single household dwellings, flats, multiple dwellings, rooming and boarding houses, hospitals, and community-based residential facilities.

210.3 In any of the MU-11 zones no building or portion of a building, including accessory buildings, shall occupy greater than twenty-five percent (25%) of the lot upon which it is located, provided that:

(a) The lot occupancy on a lot used exclusively for a recreational use, marina, yacht club, or boathouse buildings and structures shall not exceed fifty percent (50%); and

(b) For the purposes of this section, “lot occupancy” shall be the total area occupied by all buildings and structures located on land and by any associated permanent structure located on, in, or over water, other than a floating home, divided by the total area of the lot.

210.4 Notwithstanding Subtitle G § 210.1, lots 835 and 840 in Square 5539 shall not exceed a sixty percent (60%) maximum lot occupancy for all residential and non-residential uses.

210.5 In any of the MU-1, MU-2, or MU-10 through MU-14 zones, except as provided for in Subtitle G § 210.6, a public recreation and community center shall not occupy more than twenty percent (20%) of the lot upon which it is located.

210.6 In any of the MU-1, MU-2, and MU-10 through MU-14 zones, relief from the maximum lot occupancy standards of Subtitle G § 210.5 for public recreation and community centers may be permitted up to a maximum of forty percent (40%) if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, provided the applicant demonstrates to the Board’s satisfaction that the increase is consistent with agency policy of preserving open space.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 210

11-G DCMR § 211 GREEN AREA RATIO

211.1 The minimum required green area ratio (GAR) in any of the MU-1 through MU-10 and MU-12 through MU-15 zones shall be as set forth in the following table:

TABLE G § 211.1: MINIMUM GREEN AREA RATIO

Zones

Minimum GAR

MU-1

MU-2

MU-3

MU-4

MU-5

MU-6

MU-12

MU-13

MU-14

0.30

MU-7

MU-8

0.25

MU-9

MU-10

MU-15

0.20

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 211

11-G DCMR § 212 PLAZA

212.1 In any of the MU-10 zones, a plaza comprising eight percent (8%) of the lot area shall be provided for development on a lot of greater than ten thousand square feet (10,000 sq. ft.), in accordance with the provisions of Subtitle C, Chapter 17.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 212

11-G DCMR § 213 WATERFRONT SETBACK

213.1 Subtitle C § 1102, General Waterfront Regulations, shall apply to any of the MU-11 through MU-14 zones.

213.2 Notwithstanding Subtitle C § 1102.1(a), in any of the MU-11 zones a waterfront setback of not less than one hundred feet (100 ft.) to any building or structure shall be provided.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 213

11-G3 DUPONT CIRCLE MIXED-USE ZONES - MU-1/DC, MU-2/DC, MU-4/DC, MU-5A/DC, MU-6B/DC, MU-8B/DC, MU-9B/DC, AND MU-10/DC

11-G DCMR § 300 PURPOSE AND INTENT

300.1 The base zone development standards in Subtitle G, Chapter 2 shall apply to the MU-1/DC, MU-2/DC, MU-4/DC, MU-5A/DC, MU-6B/DC, MU-8B/DC, MU-9B/DC, and MU-10/DC zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

300.2 In addition to the purposes of the MU zones, the purposes of the Dupont Circle Mixed-Use (MU-1/DC, MU-2/DC, MU-4/DC, MU-5A/DC, MU-6B/DC, MU-8B/DC, MU-9B/DC, and MU-10/DC) zones are to:

(a) Recognize the Dupont Circle area is a unique resource in the District of Columbia that must be preserved and enhanced;

(b) Provide strong protections to retain its low scale, predominantly residential character, independent small retail businesses, human scale streetscapes, and historic character;

(c) Enhance the residential character of the area by maintaining existing residential uses and controlling the scale and density of residential development;

(e) Preserve areas planned as open gardens and backyards and protect the light, air, and privacy that they provide;

(f) Enhance the streetscape by maintaining the public space in front of buildings as landscaped green spaces; and

(g) Encourage greater use of public transportation and the free circulation of vehicles through public streets and alleys.

300.3 The MU-1/DC, MU-2/DC, MU-4/DC, MU-5A/DC, MU-6B/DC, MU-8B/DC, MU-9B/DC, and MU-10/DC zones require a scale of development consistent with the nature and character of the Dupont Circle area in height and bulk and ensures a general compatibility in the scale of new buildings with older, low-scale buildings.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 300

11-G DCMR § 301 PLANNED UNIT DEVELOPMENT

301.1 In the MU-1/DC, MU-2/DC, MU-4/DC, MU-5A/DC, MU-6B/DC, MU-8B/DC, MU-9B/DC, and MU-10/DC zones the matter-of-right limits on building height, floor area ratio, and penthouse and rooftop structure height of Subtitle G, Chapter 2 shall serve as the maximum permitted building height, floor area ratio, and penthouse and rooftop structure height for a planned unit development.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 301

11-G DCMR § 302 MISCELLANEOUS

302.1 No driveway providing access to required parking spaces or loading berths shall be permitted along Connecticut Avenue from N Street, N.W., to Florida Avenue, N.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 302

11-G DCMR § 303 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 303

11-G DCMR § 304 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 304

11-G DCMR § 305 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 6110 (June 30, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 305

11-G DCMR § 306 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 306

11-G DCMR § 307 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 307

11-G DCMR § 308 [REPEALED]

SPECIAL EXCEPTION

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 308

11-G4 CAPITAL INTEREST AND CAPITAL HILL COMMERCIAL MIXED-USE ZONES – MU-2/CAP, MU-4/CAP, MU-4/CHC, AND MU-4/CAP/CHC

11-G DCMR § 400 PURPOSE AND INTENT

400.1 The base zone development standards in Subtitle G, Chapter 2 shall apply to the MU-2/CAP, MU-4/CAP, MU-4/CHC, and MU-4/CAP/CHC zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

400.2 In addition to the purposes of the MU zones, the purposes of the Capitol Interest Mixed-Use zones (MU-2/CAP, MU-4/CAP, and MU-4/CAP/CHC) are to:

(b) Respect the importance of and provide sufficient controls for the area adjacent to the U.S. Capitol;

(d) Restrict some of the permitted uses to reduce the possibility of harming the site, building, or zone to be protected.

400.3 In addition to the purposes of the MU zones, the purposes of the Capitol Hill Commercial Mixed-Use zones (MU-4/CHC and MU-4/CAP/CHC) are to:

(a) Encourage the adaptive use and reuse of existing buildings, many of which are located in the Capitol Hill Historic District, particularly with respect to the portions of the buildings that exceed the commercial floor area ratio permitted in the underlying zones;

(b) Concentrate non-residential uses in commercial zones in certain areas of Capitol Hill, thereby enhancing and protecting the residential character of the areas surrounding the commercial zones and relieving pressure to use properties zoned residential for commercial uses; and

(c) Provide appropriate incentives for new infill construction that is compatible with the Capitol Hill Historic District and its predominance of low-scale row house structures.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 7264 (July 28, 2017); as amended by Final Rulemaking published at 65 DCR 11490 (October 12, 2018); as amended by Final Rulemaking published at 68 DCR 013125 (December 10, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 400

11-G DCMR § 401 DENSITY

401.1 The maximum permitted FAR in the MU-2/CAP, MU-4/CAP, MU-4/CHC, and MU-4/CAP/CHC zones shall be as set forth in the following table:

TABLE G § 401.1: MAXIMUM PERMITTED FLOOR AREA RATIO

Zones

Maximum Total FAR

Maximum Non-Residential FAR

MU-2/CAP

1.8

2.16 (IZ)

1.8

MU-4/CAP

1.8

2.16 (IZ)

1.5

MU-4/CHC

3.0

3.0 (IZ)

3.0

MU-4/CAP/CHC

2.5

2.5 (IZ)

2.5

401.2 In the MU-4/CAP zone, an existing building on a lot with an area ten thousand square feet (10,000 sq. ft.) or less may have a maximum density of 1.8 FAR for non-residential uses, provided the uses are located in the ground story and the story directly above the ground story.

401.3 In the MU-4/CHC and MU-4/CAP/CHC zones, an existing building on a lot with an area ten thousand square feet (10,000 sq. ft.) or less may have a maximum density of 2.0 FAR for non-residential uses, provided the uses are located in the ground story and the story directly above the ground story.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 401

11-G DCMR § 402 HEIGHT

402.1 In the MU-2/CAP, MU-4/CAP, and MU-4/CAP/CHC zones, the maximum permitted height of all buildings or structures, not including a penthouse or rooftop structure, shall be forty feet (40 ft.) and three (3) stories.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 7264 (July 28, 2017); as amended by Final Rulemaking published at 65 DCR 11490 (October 12, 2018); as amended by Final Rulemaking published at 68 DCR 013125 (December 10, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 402

11-G DCMR § 403 PENTHOUSE AND ROOFTOP STRUCTURE

403.1 In the MU-2/CAP, MU-4/CAP, and MU-4/CAP/CHC zones, the maximum permitted height of a penthouse or rooftop structure, except as limited by Subtitle C § 1501 on the roof of a single household dwelling or flat, shall be twelve feet (12 ft.), except fifteen feet (15 ft.) for penthouse mechanical space, and the maximum number of stories within the penthouse or rooftop structure shall be one (1) with a second story permitted for penthouse mechanical space.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 7264 (July 28, 2017); as amended by Final Rulemaking published at 65 DCR 11490 (October 12, 2018); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 013125 (December 10, 2021); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 403

11-G DCMR § 404 SPECIAL EXCEPTION REVIEW CRITERIA

404.1 In reviewing an application for a special exception in the MU-2/CAP, MU-4/CAP, and MU-4/CAP/CHC zones, in addition to the applicable criteria of this subtitle and of Subtitle X, Chapter 9, the Board of Zoning Adjustment shall consider whether the proposed development is:

(a) Compatible with the present and proposed development of the neighborhood;

404.2 Upon receipt of the application, the Board of Zoning Adjustment shall refer the application to:

(a) The Architect of the Capitol for review and report; and

(b) The Office of Planning for review, report, and impact assessment along with coordination of reviews in writing of all relevant District departments and agencies including:

(1) The District Department of Transportation;

(2) The Department of Housing and Community Development; and

(3) The Historic Preservation Office if the application involves a historic district or historic landmark.

404.3 The Board may require special treatment and impose reasonable conditions as it deems necessary to mitigate any adverse impacts identified in the consideration of the application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 7264 (July 28, 2017); as amended by Final Rulemaking published at 65 DCR 11490 (October 12, 2018); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 013125 (December 10, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 404

11-G DCMR § 405 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 7264 (July 28, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 405

11-G DCMR § 406 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 406

11-G DCMR § 407 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 7264 (July 28, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 407

11-G DCMR § 408 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 408

11-G DCMR § 409 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 409

11-G DCMR § 410 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 13131 (November 6, 2020); as amended by Final Rulemaking published at 69 DCR 000930 (February 4, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 410

11-G DCMR § 411 [REPEALED]

History

SOURCE: Final Rulemaking published at 65 DCR 11490 (October 12, 2018); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 411

11-G5 NAVAL OBSERVATORY MIXED-USE ZONE –MU-4/NO

11-G DCMR § 500 PURPOSE AND INTENT

500.1 The base zone development standards in Subtitle G, Chapter 2 shall apply to the MU-4/NO zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

500.2 In addition to the purposes of the MU-4 zone, the purposes of the Naval Observatory Mixed-Use zone (MU-4/NO) are to:

(b) Ensure that public land within the zone shall be used in a manner consistent with the historic or ceremonial importance and special mission of the Naval Observatory;

Reflect the importance of the Naval Observatory to the District of Columbia and the Nation;

(d) Protect Federal interest concerns, including the critical scientific mission performed at the Naval Observatory and the security needs of the Vice President's residence; and

(e) Reduce or eliminate any possible harm or restrictions on the mission of the Federal establishment within the zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 500

11-G DCMR § 501 HEIGHT

501.1 In the MU-4/NO zone, the maximum permitted height for all buildings, not including a penthouse or rooftop structure, shall be forty feet (40 ft.).

501.2 In the MU-4/NO zone, the height of a building shall be measured as follows:

The height of a building shall be the vertical distance measured from the level of the curb opposite the middle of the front of the building to the highest point of the roof or parapet; and

(b) The curb elevation opposite the middle of the front of the building shall be determined as the average elevation of the lot from its front line to its rear lot line.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 501

11-G DCMR § 502 PENTHOUSE AND ROOFTOP STRUCTURE

502.1 The maximum permitted height of a penthouse or rooftop structure, except as limited in Subtitle C § 1501 on the roof of a single household dwelling or flat, shall be twelve feet (12 ft.); except fifteen feet (15 ft.) shall be permitted for penthouse mechanical space, and the maximum number of stories shall be one (1).

502.2 A penthouse or rooftop structure permitted by this section shall contain no form of habitable space, other than ancillary space associated with a rooftop deck.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 502

11-G DCMR § 503 PLANNED UNIT DEVELOPMENT

503.1 In the MU-4/NO zone, the provisions of Subtitle X, Chapter 3 shall not operate to permit a planned unit development to exceed the height limits of Subtitle G § 501, or the area, bulk, and yard standards that apply as a matter of right in the MU-4 zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 503

11-G DCMR § 504 SPECIAL EXCEPTION REVIEW CRITERIA

504.1 In reviewing an application for a special exception in the MU-4/NO zone, in addition to the applicable criteria of this subtitle and Subtitle X, Chapter 9, the Board of Zoning Adjustment shall consider whether the proposed development is compatible with the following:

(a) Present and proposed development within and adjacent to the MU-4/NO zone;

(b) Goals, objectives, and policies pertaining to Federal facilities, as found in the Comprehensive Plan and the Master Plans for the Federal facilities within the MU-4/NO zone; and

(c) Role, mission, and functions of the Federal facilities within the MU-4/NO zone, considering the effect that the proposed development would have on such facilities;

504.2 Before taking action on an application, the Board of Zoning Adjustment shall submit the application to the following agencies for review and written reports:

The Office of Planning;

The District Department of Transportation;

The Department of Housing and Community Development;

The Historic Preservation Office if a historic district or historic landmark is involved; and

The National Capital Planning Commission.

504.3 The Board of Zoning Adjustment may require special treatment and impose reasonable conditions as it deems necessary to mitigate any adverse impacts identified in the consideration of the application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 504

11-G DCMR § 505 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 505

11-G DCMR § 506 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 506

11-G DCMR § 507 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 507

11-G DCMR § 508 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 508

11-G DCMR § 509 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 509

11-G6 FORT TOTTEN MIXED-USE ZONES – MU-7B/FT AND MU-10/FT

11-G DCMR § 600 PURPOSE AND INTENT

600.1 The base zone development standards in Subtitle G, Chapter 2 shall apply to the MU-7B/FT and MU-10/FT zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

600.2 In addition to the purposes of the MU zones, the purposes of the Fort Totten Mixed-Use zones (MU-7B/FT and MU-10/FT) are to:

(a) Encourage future residential and commercial development while enabling existing industries to remain in the District; and

(b) Protect surrounding residential areas from the adverse impacts of existing industrial support uses by means of the buffering standards.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 600

11-G DCMR § 601 DENSITY

601.1 In the MU-10/FT zone, the maximum permitted FAR shall be as set forth in the following table:

TABLE G § 601.1: MAXIMUM PERMITTED FLOOR AREA RATIO

Zones

Maximum Total FAR

Maximum Non-Residential FAR

MU-10/FT

5.0

6.0 (IZ)

3.0

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 601

11-G DCMR § 602 HEIGHT

602.1 In the MU-10/FT zone, the maximum building height, including a penthouse or rooftop structure, shall be sixty-five feet (65 ft.).

602.2 In the MU-10/FT zone, a building may be erected to a height of eighty feet (80 ft.) or ninety feet (90 ft.) for Inclusionary Developments, including a penthouse or rooftop structure, subject to the provision of special architectural features, roof parapet detailing, and design consideration of penthouses and rooftop structures to ensure that the views and vistas from the historic fortification of Fort Totten are not degraded or obstructed. Prior to the issuance of a building permit, the Office of Planning shall review and provide a written report with recommendation on the building’s satisfaction of this requirement to the Zoning Administrator.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 602

11-G DCMR § 603 PENTHOUSE AND ROOFTOP STRUCTURE

603.1 In the MU-10/FT zones, the maximum permitted height of a penthouse or rooftop structure, except as limited by Subtitle C § 1501 on the roof of a single household dwelling or flat, shall be as set forth in the following table:

TABLE G § 603.1: MAXIMUM PERMITTED PENTHOUSE AND ROOFTOP STRUCTURE HEIGHT AND NUMBER OF STORIES

Zones

Maximum Height (ft.)

Maximum Number of Stories

MU-10/FT

A penthouse or rooftop structure shall be included within the maximum permitted building height

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 603

11-G DCMR § 604 LOT OCCUPANCY

604.1 In the MU-10/FT zone, the maximum permitted lot occupancy for residential use shall be as set forth in the following table:

TABLE G § 604.1: MAXIMUM PERMITTED LOT OCCUPANCY FOR RESIDENTIAL USE

Zones

Maximum Percentage of Lot Occupancy (%)

MU-10/FT

75 (IZ)

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 604

11-G DCMR § 605 SETBACKS AND SCREENING

605.1 In the MU-7B/FT and MU-10/FT zones, a business or industrial use that expands consistent with the development standards of this chapter shall comply with the setback and screening standards of this section.

605.2 If the lot line of the lot being developed coincides with the lot line of a property in a residential zone as defined in Subtitle A § 101.9, or is separated only by a street or alley from a property in such a residential zone, where the property is not owned by a business or industrial user and the property is not being used for residential purposes, the following standards shall apply:

(a) A setback of twenty-five feet (25 ft.) shall be provided on the portion of the lot adjacent to the residential zone; provided, that the following requirements are met:

(1) Where there is a street or an alley between the residential lot and the lot subject to the MU-7B/FT or MU-10/FT zones, the required setback shall be fifteen feet (15 ft.) measured from the lot line;

(2) The yard shall not be used for parking, loading, or accessory uses;

(3) The yard shall be landscaped with evergreen trees in a healthy growing condition which shall be a minimum of six feet to eight feet (6 ft. to 8 ft.) in height when planted; and

(4) Planting locations and soil preparation techniques shall be shown on a landscape plan submitted with the building permit application to the Department of Buildings for review and approval according to standards maintained by the Department of Energy and Environment, which may require replacement of heavy or compacted soils with top and drainage mechanisms as necessary; and

(b) A fence or wall shall be erected as a buffer between the residential lot(s) not owned by a business or industrial user that abut a lot affected by this zone; provided, that the fence or wall shall be no less than eight feet (8 ft.) and no more than ten feet (10 ft.) in height, and shall be either a solid, wood, board-on-board fence, or a brick or stone wall.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 605

11-G DCMR § 606 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 606

11-G DCMR § 607 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 607

11-G DCMR § 608 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 608

11-G DCMR § 609 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 609

11-G7 REED-COOKE MIXED-USE ZONES –MU-4/RC AND MU-5A/RC

11-G DCMR § 700 PURPOSE AND INTENT

700.1 The base zone development standards in Subtitle G, Chapter 2 shall apply to the MU-4/RC and MU-5A/RC zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

700.2 In addition to the purposes of the MU-4 and MU-5A zones, the purposes of the Reed-Cooke Mixed-Use (MU-4/RC and MU-5A/RC) zones are to:

(a) Protect current housing and provide for the development of new housing;

(b) Maintain heights and densities at appropriate levels;

(e) Protect adjacent and nearby residences from damaging traffic, parking, environmental, social, and aesthetic impacts; and

(f) Ensure the preservation and adaptive reuse of the First Church of Christ Scientist building, located on Lot 872 of Square 2560, through a planned unit development process.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 700

11-G DCMR § 701 MISCELLANEOUS

701.1 In the MU-4/RC and MU-5A/RC zones, in addition to other applicable provisions of this title, the requirements of this chapter shall apply to:

(a) All new construction;

(d) Any existing use that requires a new permit from the Alcoholic Beverage Control Board.

701.2 If there is a dispute between the property owner and the Zoning Administrator about the cost pursuant to Subtitle G § 701.1(b), the cost shall be determined by the average of the estimates furnished by three (3) independent qualified contractors selected in the following manner:

(a) The first shall be selected by the owner;

(b) The second shall be selected by the Zoning Administrator; and

701.3 The estimates provided for by Subtitle G § 701.2 shall be prepared and submitted according to a standard procedure and format established by the Zoning Administrator.

701.4 The cost of estimates shall be at the expense of the property owner.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 701

11-G DCMR § 702 HEIGHT

702.1 In the MU-4/RC and MU-5A/RC zones, the maximum permitted height of all buildings or structures, not including a penthouse or rooftop structure, shall be as set forth in the following table:

TABLE G § 702.1: MAXIMUM HEIGHT AND NUMBER OF STORIES

Zones

Maximum Height, Not Including Penthouse or Rooftop Structure (ft.)

Maximum Number of Stories

MU-4/RC

No Limit

MU-5A/RC

50 (IZ)

No Limit

702.2 In the MU-5A/RC zone, a building shall be permitted a maximum height of fifty feet (50 ft.), not including a penthouse or rooftop structure, provided fifty percent (50%) of the additional gross floor area made possible by the height bonus is devoted to low and moderate income household units, as defined by the Department of Housing and Community Development (DHCD).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 702

11-G DCMR § 703 PENTHOUSE AND ROOFTOP STRUCTURE

703.1 In the MU-4/RC zone, the maximum permitted height of a penthouse or rooftop structure, except as limited in Subtitle C § 1501 on the roof of a single household dwelling or flat, shall be as set forth in the following table:

TABLE G § 703.1: MAXIMUM PENTHOUSE OR ROOFTOP STRUCTURE HEIGHT AND NUMBER OF STORIES

Zones

Maximum Height

Maximum Number of Stories

MU-4/RC

12 ft., except

15 ft. for penthouse or rooftop structure mechanical space

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 703

11-G DCMR § 704 PLANNED UNIT DEVELOPMENTS

704.1 In the MU-4/RC and MU-5A/RC zones, the provisions of Subtitle X, Chapter 3 shall not operate to permit a planned unit development to exceed the matter-of-right limits on floor area ratio, building height, and penthouse and rooftop structure height of Subtitle G §§ 201, 702, and 703.

704.2 Notwithstanding Subtitle G § 704.1, the Zoning Commission, as part of a planned unit development permitting a hotel integrating the First Church Christ Scientist building on a new lot created by combining Lots 872, 875, and 127 of Square 2560, may permit a building height on former Lots 875 and 127 not to exceed seventy-two feet (72 ft.) measured from Euclid Street, and an overall building density not to exceed 3.99 FAR.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 704

11-G DCMR § 705 SPECIAL EXCEPTION REVIEW CRITERIA

705.1 In reviewing an application for a special exception in the MU-4/RC and MU-5A/RC zones, in addition to the applicable criteria of this subtitle and Subtitle X, Chapter 9, the Board of Zoning Adjustment shall consider whether the proposed development is compatible with the following:

(a) The use, building, or feature at the size, intensity, and location proposed will substantially advance the stated purposes of the MU-4/RC and MU-5A/RC zones;

(d) Noise associated with the operation of a proposed use will not adversely affect adjacent or nearby residences;

(e) No outdoor storage of materials, nor outdoor processing, fabricating, or repair shall be permitted;

The use, building, or feature at the size, intensity, and location proposed will not adversely affect adjacent and nearby property or be detrimental to the health, safety, convenience, or general welfare of persons living, working, or visiting in the area; and

If located within a MU-5A/RC zone, the use shall not be within twenty-five feet (25 ft.) of a residentially zoned property, unless separated there from by a street or alley.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 705

11-G DCMR § 706 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 706

11-G DCMR § 707 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 707

11-G DCMR § 708 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 708

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 808

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 908

11-G DCMR § 909 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 909

11-G DCMR § 910 [REPEALED]

History

SOURCE: Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 910

11-G10 [RESERVED]

11-G DCMR § 1000 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 003776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 1000

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 1106

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 1202

11-G49 PUBLIC SCHOOLS

11-G DCMR § 4900 GENERAL PROVISIONS

4900.1 The provisions of this chapter govern the height and bulk of public school buildings.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 4900

11-G DCMR § 4901 DEVELOPMENT STANDARDS

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 4901

11-G DCMR § 4902 DENSITY

4902.1 Public schools shall be permitted a maximum FAR as set forth in the following table:

TABLE G § 4902.1: MAXIMUM FLOOR AREA RATIO FOR PUBLIC SCHOOLS

Zones

Maximum FAR

All MU-1, MU-2, MU-10 zones

3.0

All MU-3 zones

1.8

All other MU zones

As permitted for residential (non-IZ) uses by zone

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 4902

11-G DCMR § 4903 PENTHOUSES OR ROOFTOP STRUCTURES

4903.1 Penthouses and rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15, and to the height and story limitations specified in each zone of this subtitle; provided that public schools shall be permitted a mechanical penthouses to a maximum height of eighteen feet, six inches (18 ft., 6 in.) or the permitted mechanical penthouse height in the zone, whichever is greater.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 4903

11-G DCMR § 4904 REAR YARD

4904.1 A minimum rear yard shall be provided as required by the zone within which the lot is located; provided that no rear yard shall be required for a lot that abuts or adjoins along the rear lot line a public open space, recreation area, or reservation.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 4904

11-G DCMR § 4905 SIDE YARD

4905.1 In the case of a lot that abuts or adjoins a public open space, recreation area, or reservation on a side lot line, no side yard shall be required.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 4905

11-G DCMR § 4906 SPECIAL EXCEPTION

4906.1 Exceptions to the development standards of this chapter for public schools shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 4906

11-G51 ALLEY LOT REGULATIONS FOR MIXED-USE (MU) ZONES

11-G DCMR § 5100 GENERAL PROVISIONS

5100.1 The purposes of this section are to:

(a) Facilitate the re-use of existing alley buildings and the use of vacant or underutilized alley lots;

(b) Ensure that alley buildings are compatible with the surrounding built environment; and

5100.2 The following development standards shall apply to buildings and structures on Alley Record Lots in the MU zones, and are intended to achieve the purposes of G § 5100.1. The base zone development standards shall also apply except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

TABLE G § 5100.21: ALLEY LOT DEVELOPMENT STANDARDS (MU)

(a)

Maximum Height

MU-6, MU-8, MU-9, MU-10, and MU-15 zones

30 ft. and 3 stories

All other MU zones

25 ft. and 2 stories

(b)

Maximum Lot Occupancy

No Maximum

(c)

Minimum Yard Dimensions

5 ft. from any portion of a lot line that abuts any non-Alley Lot; Otherwise none required.

(d)

Minimum Alley Centerline Setback

7.5 ft. from the centerline of all abutting alleys

(e)

Minimum Green Area Ratio

As required by zone

5100.3 Uses on Alley Lots shall be as permitted in Subtitle U, Chapter 6.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 5100

11-G52 RELIEF FROM REQUIRED DEVELOPMENT STANDARDS FOR MIXED-USE (MU) ZONES

11-G DCMR § 5200 GENERAL PROVISIONS

5200.1 Except for density, height, and penthouse and rooftop structure, the Board of Zoning Adjustment may grant relief from the development standards of this subtitle, as a special exception subject to the criteria at Subtitle X, Chapter 9.

5200.2 Requested relief that does not comply with specific conditions or limitations of a special exception authorized by this subtitle shall be processed as a variance pursuant to Subtitle X, Chapter 10.

5200.3 Notwithstanding Subtitle G § 5200.1, the Board of Zoning Adjustment may grant as a special exception under Subtitle X, Chapter 9, and subject to the conditions of this subsection, a maximum building height of up to forty feet (40 ft.) and four (4) stories for a new or enlarged building on an Alley Record Lot, subject to the following conditions:

(a) The proposed building shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, in particular:

(1) The light and air available to abutting or adjacent properties shall not be unduly affected;

(2) The privacy of use and enjoyment of abutting or adjacent properties shall not be unduly compromised; and

(3) The proposed building, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale and pattern of nearby buildings to a degree that would substantially adversely affect the use or enjoyment of any abutting or adjacent property;

(b) In demonstrating compliance with paragraph (a), the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the proposed building’s height to abutting or adjacent buildings and views from public ways; and

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Mixed-Use (MU) Zones 11-G DCMR § 5200

11-H NEIGHBORHOOD MIXED-USE (NC) ZONES

11-H1 INTRODUCTION TO NEIGHBORHOOD MIXED-USE (NMU) ZONES

11-H DCMR § 100 GENERAL PROVISIONS

100.1 Subtitle H is to be read and applied in addition to the regulations included in:

(a) Subtitle A, Authority and Applicability;

(b) Subtitle B, Definitions, Rules of Measurement, and Use Categories;

(d) Subtitle G, Mixed-Use (MU) Zones.

100.2 Geographically modified zones are indicated by letters following the base zone name, such as NMU-7B/GA or NMU-8B/H-H.

100.3 For those geographically modified zones, the zone boundaries are described in Subtitle W, Specific Zone Boundaries, and identified on the official Zoning Map.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 100

11-H DCMR § 101 PURPOSE AND INTENT

101.1 The Neighborhood Mixed-Use (NMU) zones are designed to provide for stable mixed-use areas permitting a range of commercial and multiple dwelling unit residential development in defined neighborhood commercial areas.

101.2 In addition to the purpose statements of each MU zone stated in Subtitle G and the individual chapters of this subtitle, the purposes of the NMU zones are to:

(a) Provide for a varied mix of residential, employment, retail, service, and other related uses in the area;

(b) Encourage safe and efficient conditions for pedestrian and motor vehicle movement;

(c) Preserve and enhance neighborhood shopping areas, by providing the scale of development and range of uses that are appropriate for neighborhood shopping and services;

(d) Encourage a general compatibility in scale between new and older buildings;

(e) Encourage retention and establishment of a variety of retail, entertainment, and personal service establishments, predominantly in a continuous pattern at ground level, to meet the needs of the surrounding area's residents, workers, and visitors;

(f) Encourage a scale of development, a mixture of building uses, and other attributes, such as safe and efficient conditions for pedestrian and vehicular movement;

(g) Identify designated roadways within NMU zones with limitations on driveways and curb cuts; and

(h) Identify designated use areas within NMU zones within which use restriction shall apply to the ground floor.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 101

11-H DCMR § 102 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 102

11-H DCMR § 103 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 103

11-H DCMR § 104 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 104

11-H DCMR § 105 [REPEALED]

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 105

11-H2 GENERAL DEVELOPMENT STANDARDS FOR NEIGHBORHOOD MIXED-USE (NMU) ZONES

11-H DCMR § 200 DEVELOPMENT STANDARDS

200.1 The development standards of the MU zones of Subtitle G shall apply to the relevant NMU zones except as changed by a geographically modified zone.

200.2 In the NMU, the development standards for lodging uses shall be those for non-residential uses except for FAR.

200.3 In the NMU zones, no driveway providing access from any designated roadway to required parking spaces or loading berths shall be permitted.

200.4 The Inclusionary Zoning (IZ) requirements and the available IZ modifications and bonus density shall apply to all NMU zones, except for Square 907 in the NMU-7B/ES zone, as specified in Subtitle C, Chapter 10, Inclusionary Zoning, and in the zone-specific development standards of this subtitle; provided that new penthouse habitable space, as described in Subtitle C § 1507.2, in Square 907 in the NMU-7B/ES zone shall be subject to the IZ requirements.

200.5 A building or structure in existence with a valid Certificate of Occupancy prior to January 1, 2022, may convert existing gross floor area to the “Residential” use category of Subtitle B § 200.2 as a matter of right even if the building or structure or portion thereof to be converted does not comply with the following development standards of this subtitle for residential use:

(a) Courts;

(b) Floor Area Ratio (FAR);

(d) Height;

(e) Lot Occupancy; or

(f) Yards.

200.6 Notwithstanding Subtitle H § 200.5, the requirements for ground floor designated uses of Subtitle H § 6001 shall apply.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 69 DCR 012110 (October 7, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 200

11-H DCMR § 201 PLANNED UNIT DEVELOPMENT

201.1 In the NMU zones, the matter-of-right building height, floor area ratio, and penthouse and rooftop structure height shall serve as the guidelines for a planned unit development.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 69 DCR 012110 (October 7, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 201

11-H DCMR § 202 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 202

11-H DCMR § 203 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 203

11-H DCMR § 204 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 204

11-H3 MACOMB-WISCONSIN NEIGHBORHOOD MIXED-USE ZONE - NMU-3A/MW

11-H DCMR § 300 PURPOSE AND INTENT

300.1 The purposes of the NMU-3A/MW zone shall be those of the MU-3A zone, as set forth in Subtitle G § 101, those of the NMU zones, as set forth in Subtitle H § 101, and the following:

(a) Provide for public review of large developments to ensure that they are compatible with and enhance the primary neighborhood retail function of the area;

(b) Ensure new construction is compatible with and enhances the primary neighborhood retail function of the area; and

(c) Limit the scale and massing of new buildings and a mix of uses that is in general compatible in scale with existing buildings.

300.2 The NMU-3A/MW zone is intended to permit mixed-use development at a low density.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 300

11-H DCMR § 301 DEVELOPMENT STANDARDS

301.1 The MU-3A zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-3A/MW zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 301

11-H DCMR § 302 DESIGNATED USE AREA

302.1 In the NMU-3A/MW zone, the designated use area shall include any lot that fronts on Wisconsin Avenue or Macomb or Newark Streets, N.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NC) Zones 11-H DCMR § 302

11-H DCMR § 303 DESIGNATED ROADWAY

303.1 In the NMU-3A/MW zone, the designated roadway shall be Wisconsin Avenue and Macomb Street, N.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 303

11-H DCMR § 304 LARGE DEVELOPMENTS

304.1 In the NMU-3A/MW zone, on a lot that has ten thousand square feet (10,000 sq. ft.) or more of land area, construction of a new building or enlargement of the gross floor area of an existing building by fifty percent (50%) or more may be permitted, if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 304

11-H DCMR § 305 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 305

11-H DCMR § 306 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 306

11-H DCMR § 307 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 307

11-H DCMR § 308 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 308

11-H4 TAKOMA NEIGHBORHOOD MIXED-USE ZONE - NMU-4/TK

11-H DCMR § 400 PURPOSE AND INTENT

400.1 The purposes of the NMU-4/TK zone shall be those of the MU-4 zone, as set forth in Subtitle G § 101, those of the NMU zones, as set forth in Subtitle H § 101, and the following:

(a) Reserve sufficient open space to provide adequate light and air to encourage retail and service uses, and pedestrian circulation in the vicinity of the Takoma Metro station;

(b) Require a minimum clear floor-to-ceiling height on the ground floor sufficient to accommodate the needs of neighborhood-serving retail, service, and office uses;

(c) Allow and encourage residential development to help meet the need for housing, enhance safety, and provide sufficient resident population to support neighborhood-serving retail, service, and office uses;

(d) Permit mixed-use development at a moderate density;

(e) Encourage residential development to enhance safety and provide resident population to support neighborhood-serving commercial uses; and

(f) Limit the height of new buildings and encourage a scale of development and a mixture of building uses that is generally compatible in scale with existing buildings.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 400

11-H DCMR § 401 DEVELOPMENT STANDARDS

401.1 The MU-4 zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-4/TK zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 401

11-H DCMR § 402 DESIGNATED USE AREA

402.1 In the NMU-4/TK zone, the designated use area shall coincide with the zone boundaries.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 402

11-H DCMR § 403 DESIGNATED ROADWAY

403.1 In the NMU-4/TK zone, the designated roadways shall be portions of 4th Street, N.W., Blair Road, N.W., Carroll Street, N.W., and Cedar Street, N.W. to the intersection with Carroll Street, N.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NC) Zones 11-H DCMR § 403

11-H DCMR § 404 HEIGHT

404.1 In the NMU-4/TK zone, those portions of buildings with a minimum clear floor-to-ceiling height of fourteen feet (14 ft.) on the ground floor level shall be permitted a total building height of fifty-five feet (55 ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 404

11-H DCMR § 405 DESIGN REQUIREMENTS

405.1 In the NMU-4/TK zone, the street wall of each new building fronting on Blair Road, N.W., Cedar Street, N.W., and Carroll Street, N.W., or any addition to an existing building frontage on any of these streets, shall setback for its entire height and frontage not less than thirteen feet (13 ft.), measured from the adjacent curb line.

405.2 In the NMU-4/TK zone, except as provided in Subtitle H § 405.3, the ground floor level of each new building or building addition shall have a minimum clear floor-to-ceiling height of fourteen feet (14 ft.).

405.3 In the NMU-4/TK zone, buildings occupying or constructed on lots along the Blair Road, N.W. frontage of Square 3187 and Cedar Street, N.W. frontage of Squares 3352 and 3353 do not have to provide the designated retail and service establishments on the ground floor level required by Subtitle H § 6001.1, nor comply with the ground floor level floor-to-ceiling height requirement of Subtitle H § 405.2, if the ground floor level is devoted exclusively to residential uses.

405.4 In the NMU-4/TK zone, if ground floor residential uses are established pursuant to Subtitle H § 405.3, no certificate of occupancy for a permitted non-residential use on the ground floor level may be issued unless the ground floor level of the subject building complies with the floor-to-ceiling height requirement of Subtitle H § 405.2.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 405

11-H DCMR § 406 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 406

11-H DCMR § 407 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 407

11-H DCMR § 408 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 408

11-H DCMR § 409 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 409

11-H5 CLEVELAND PARK NEIGHBORHOOD MIXED-USE ZONE - NMU-4/CP

11-H DCMR § 500 PURPOSE AND INTENT

500.1 The purposes of the NMU-4/CP zone shall be those of the MU-4 zone, as set forth in Subtitle G § 101, those of the NMU zones, as set forth in Subtitle H § 101, and the following:

(a) Encourage compatibility of development with the purposes of the Historic Landmark and Historic District Protection Act of 1978;

(b) Limit the height of new buildings and encourage a scale of development and a mixture of building uses that is generally compatible in scale with existing buildings; and

(c) Provide for retention of existing housing within the Cleveland Park commercial area to help meet the need for affordable housing and to enhance pedestrian activity, safety, and consumer support for businesses in the commercial area.

500.2 The NMU-4/CP zone is intended to permit mixed-use development at a moderate density.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 500

11-H DCMR § 501 DEVELOPMENT STANDARDS

501.1 The MU-4 zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-4/CP zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 501

11-H DCMR § 502 DESIGNATED USE AREA

502.1 In the NMU-4/CP zone, the designated use area shall include any lot that fronts on Connecticut Avenue, N.W. or Macomb Street, N.W., Newark Street, N.W., Ordway Street, N.W., or Porter Street, N.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 502

11-H DCMR § 503 DESIGNATED ROADWAY

503.1 In the NMU-4/CP zone, the designated roadway shall be Connecticut Avenue, N.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 503

11-H DCMR § 504 DENSITY

504.1 In the NMU-4/CP zone, the maximum permitted floor area ratio (FAR) shall be as set forth in the following table:

TABLE H § 504.1: MAXIMUM PERMITTED FLOOR AREA RATIO

Zone

Maximum Total FAR

Maximum Non-Residential FAR

NMU-4/CP

2.0

2.4 (IZ)

1.0

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 504

11-H DCMR § 505 HEIGHT

505.1 In the NMU-4/CP zone, the maximum permitted height of buildings or structures, not including a penthouse or rooftop structure, shall be as set forth in the following table:

TABLE H § 505.1: MAXIMUM HEIGHT AND NUMBER OF STORIES

Zone

Maximum Height, Not Including Penthouse or Rooftop Structure (ft.)

Maximum Number of Stories

NMU-4/CP

45 (IZ)

No Limit

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 505

11-H DCMR § 506 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 506

11-H DCMR § 507 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 507

11-H DCMR § 508 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 508

11-H6 WOODLEY PARK NEIGHBORHOOD MIXED-USE ZONES - NMU-4/WP AND NMU-5A/WP

11-H DCMR § 600 PURPOSE AND INTENT

600.1 The purposes of the NMU-4/WP zone shall be those of the MU-4 zone, as set forth in Subtitle G § 101, those of the NMU zones, as set forth in Subtitle H § 101, and the following:

(a) Limit the height of new buildings; and

(b) Encourage a scale of development and a mixture of building uses that are in general compatible in scale with existing buildings in the Woodley Park neighborhood.

600.2 The purposes of the NMU-5A/WP zone shall be those of the MU-5A zone, as set forth in Subtitle G § 101, those of the NMU zones, as set forth in Subtitle H § 101, and the following:

(a) Limit the height of new buildings; and

(b) Encourage a scale of development and a mixture of building uses that are in general compatible in scale with existing buildings in the Woodley Park neighborhood.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 600

11-H DCMR § 601 DEVELOPMENT STANDARDS

601.1 The MU-4 zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-4/WP zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

601.2 The MU-5A zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-5A/WP zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 601

11-H DCMR § 602 DESIGNATED USE AREA

602.1 In the NMU-4/WP and NMU-5A/WP zones, the designated use area shall include any lot that fronts on Connecticut Avenue, N.W., Calvert Street, N.W., or 24th Street, N.W. For the purposes of Subtitle H § 6001.3, the designated use areas of NMU-4/WP and NMU-5A/WP zones shall be treated as a single use area.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 602

11-H DCMR § 603 DESIGNATED ROADWAY

603.1 In the NMU-4/WP and NMU-5A/WP zones, the designated roadway shall be Connecticut Avenue, N.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 603

11-H DCMR § 604 DENSITY

604.1 In the NMU-4/WP and NMU-5A/WP zones, the maximum permitted floor area ratio (FAR) shall be as set forth in the following table:

TABLE H § 604.1: MAXIMUM PERMITTED FLOOR AREA RATIO

Zones

Maximum Total FAR

Maximum Non-Residential FAR

NMU-4/WP

2.5

3.0 (IZ)

1.0

NMU-5A/WP

3.0

3.6 (IZ)

1.0

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 604

11-H DCMR § 605 HEIGHT

605.1 In the NMU-4/WP and NMU-5A/WP zones, the maximum permitted building height, not including a penthouse or rooftop structure, shall be as set forth in the following table:

TABLE H § 605.1: MAXIMUM HEIGHT

Zones

Maximum Height (ft.)

NMU-4/WP

50 (IZ)

NMU-5A/WP

55 (IZ)

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 605

11-H DCMR § 606 PENTHOUSE AND ROOFTOP STRUCTURE

606.1 In the NMU-5A/WP zone, the maximum permitted height of a penthouse or rooftop structure, except as limited in Subtitle C § 1501 on the roof of a single household dwelling or flat, shall be twelve feet (12 ft.), except as permitted in Subtitle H § 606.2.

606.2 In the NMU-5A/WP zone, the maximum permitted height of a penthouse for mechanical space shall be fifteen feet (15 ft.).

606.3 The maximum number of stories for a penthouse or rooftop structure shall be one (1), except a second story shall be permitted for penthouse mechanical space.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 606

11-H DCMR § 607 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 607

11-H DCMR § 608 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 608

11-H7 EIGHTH STREET SOUTHEAST NEIGHBORHOOD MIXED-USE ZONE - NMU-7B/ES

11-H DCMR § 700 PURPOSE AND INTENT

700.1 The purposes of the NMU-7B/ES zone shall be those of the MU-7 zone, as set forth in Subtitle G § 101, those of the NMU zones, as set forth in Subtitle H § 101, and the following:

(a) Encourage and allow new neighborhood-serving retail and service businesses and office development in close proximity to the Navy Yard, with emphasis on firms that will conduct business with the Navy, as well as neighborhood-serving retail and service businesses;

(b) Allow and encourage mixed-use development at a medium density, in the interest of securing economic development, while restricting building heights to a low-level density to respect the historic scale of buildings and the entrance to the adjacent Navy Yard; and

(c) Provide for safe and efficient pedestrian movement by reducing conflicts between pedestrian and vehicular traffic, so as to improve access to retail and other businesses in the area.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 700

11-H DCMR § 701 DEVELOPMENT STANDARDS

701.1 The MU-7B zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-7B/ES zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 701

11-H DCMR § 702 DESIGNATED USE AREA

702.1 In the NMU-7B/ES zone, the designated use area shall include any lot that fronts on Eighth Street, S.E., L Street, S.E., M Street, S.E., or Potomac Avenue, S.E.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 702

11-H DCMR § 703 DESIGNATED ROADWAY

703.1 In the NMU-7B/ES zone, the designated roadways shall be Eighth Street, S.E., M Street, S.E., and Potomac Avenue, S.E.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 703

11-H DCMR § 704 DENSITY

704.1 In the NMU-7B/ES zone, the maximum permitted floor area ratio (FAR) shall be as set forth in the following table:

TABLE H § 704.1: MAXIMUM PERMITTED FLOOR AREA RATIO

Zone

Maximum Total FAR

Maximum Non-Residential FAR

NMU-7B/ES

3.0

3.6 (IZ)

3.0

704.2 Except for new penthouse habitable space as described in Subtitle C § 1507.2, the Inclusionary Zoning requirements, modifications, and bonus density of Subtitle C, Chapter 10 shall not apply to Square 907 in the NMU-7B/ES zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 704

11-H DCMR § 705 HEIGHT

705.1 In the NMU-7B/ES zone, the maximum permitted building height, not including a penthouse or rooftop structure, shall be as follows:

(a) Forty-five feet (45 ft.); or

(b) Fifty-five feet (55 ft.) for Inclusionary Developments provided that a one-to-one (1:1) building setback shall be provided for any portion of a building or structure facing Eighth Street, S.E., that exceeds forty-five feet (45 ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 705

11-H DCMR § 706 PENTHOUSE AND ROOFTOP STRUCTURE

706.1 In the NMU-7B/ES zone, the maximum permitted height of a penthouse or rooftop structure, except as limited in Subtitle C § 1501 on the roof of a single household dwelling or flat shall be twelve feet (12 ft.), except as permitted in Subtitle H § 706.2.

706.2 In the NMU-7B/ES zone, the maximum permitted height of a penthouse for mechanical space shall be fifteen feet (15 ft.).

706.3 The maximum number of stories for a penthouse or rooftop structure shall be one (1).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 706

11-H DCMR § 707 SPECIAL EXCEPTION

707.1 The Board of Zoning Adjustment may grant as a special exception pursuant to Subtitle X, Chapter 9, the reduction or elimination of the required one-to-one (1:1) building setback under Subtitle H § 705.1(b); provided that the reduction or elimination of the required setback would not unduly impact the viewshed of the Latrobe Gate.

707.2 The Office of Zoning shall refer the application to the Historic Preservation Office (HPO) for their review and recommendation, to be filed in the case record within the forty (40)-day period established by Subtitle A § 211.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 707

11-H DCMR § 708 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 708

11-H DCMR § 709 [REPEALED]

History

SOURCE: Final Rulemaking published at 68 DCR 013904 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 709

11-H8 GEORGIA AVENUE NEIGHBORHOOD MIXED-USE ZONES - NMU-4/GA AND NMU-7B/GA

11-H DCMR § 800 PURPOSE AND INTENT

800.1 The purposes of the NMU-4/GA and NMU-7B/GA zones shall be those of the MU-4 and MU-7 zones as set forth in Subtitle G § 101, those of the Neighborhood Mixed-Use zones, as set forth in Subtitle H § 101, and the following:

(a) Implement the objectives of the Georgia Avenue - Petworth Metro Station Area and Corridor Plan, approved by the Council of the District of Columbia, effective July 20, 2006 (Res. 16-686);

(b) Implement the goals of the Great Streets Framework Plan for 7th Street - Georgia Avenue, published by the District Department of Transportation and dated 2006;

(d) Encourage improved commercial uses;

(e) Provide uniform building design standards;

(f) Set guidelines for development review through planned unit development (PUD) and special exception proceedings; and

(g) Encourage vertically mixed-uses (ground floor commercial and residential above) within a quarter mile of the Georgia Avenue - Petworth Metrorail Station along Georgia Avenue, from Park Road to Shepherd Street.

800.2 The NMU-4/GA zone is intended to permit mixed-use development at a moderate density, including additional residential uses above commercial uses; and

800.3 The NMU-7B/GA zone is intended to permit mixed-use development at a medium density with a focus on employment, including additional residential uses above commercial uses.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 800

11-H DCMR § 801 DEVELOPMENT STANDARDS

801.1 The MU-4 zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-4/GA zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

801.2 The MU-7B zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-7B/GA zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 801

11-H DCMR § 802 DESIGNATED USE AREA

802.1 In the NMU-4/GA and NMU-7B/GA zones, the designated use area shall coincide with the zone boundaries.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 802

11-H DCMR § 803 DESIGNATED ROADWAY

803.1 In the NMU-4/GA and NMU-7B/GA zones, the designated roadway shall be Georgia Avenue, N.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 803

11-H DCMR § 804 PLANNED UNIT DEVELOPMENTS

804.1 In the NMU-4/GA and NMU-7B/GA zones, a planned unit development (PUD) shall be subject to the following provisions in addition to those of Subtitle X, Chapter 3:

(a) Any additional height and floor area above that permitted as a matter of right in the zone shall be for residential use only; and

(b) The minimum area included within the proposed PUD, including the area of public streets or alleys proposed to be closed, shall be a total of ten thousand square feet (10,000 sq. ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 804

11-H DCMR § 805 HEIGHT

805.1 In the NMU-4/GA zone, the maximum permitted building height, not including a penthouse or rooftop structure, shall be as set forth in the following table:

TABLE H § 805.1: MAXIMUM HEIGHT

Zones

Maximum Height, Not Including Penthouse or Rooftop Structure (ft.)

NMU-4/GA

55 (IZ)

805.2 In the NMU-4/GA and NMU-7B/GA zones, buildings subject to the minimum clear floor-to-ceiling height requirements of Subtitle H § 807.1(f) shall be permitted an additional five feet (5 ft.) of building height over that permitted as a matter of right in the zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 805

11-H DCMR § 806 LOT OCCUPANCY

806.1 In the NMU-4/GA zone, the maximum permitted lot occupancy for a building or portion thereof devoted to residential use shall be as set forth in the following table:

TABLE G § 806.1: MAXIMUM PERMITTED LOT OCCUPANCY

Zone

Maximum Percentage of Lot Occupancy (%)

Maximum Percentage of Lot Occupancy

All Other Uses (%)

NMU-4/GA

75 (IZ)

N/A

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 806

11-H DCMR § 807 DESIGN REQUIREMENTS - GEORGIA AVENUE NEIGHBORHOOD MIXED-USE ZONES

807.1 In the NMU-4/GA and NMU-7B/GA zones, the following design requirements shall apply to any lot other than a lot used for a public school:

(a) Buildings shall be designed and built so that not less than seventy-five percent (75%) of the street wall at the street level shall be constructed to the property line abutting the street right-of-way;

(b) Buildings on corner lots shall be constructed to all property lines abutting public streets;

(c) On-grade parking structures with frontage on Georgia Avenue, N.W. shall provide not less than sixty-five percent (65%) of the ground level frontage as commercial space;

(d) Each building on a lot that fronts on Georgia Avenue, N.W. shall devote not less than fifty percent (50%) of the surface area of the street wall at the ground level to entrances to commercial uses or to the building's main lobby, and to display windows having clear or clear/low emissivity glass. Decorative or architectural accents do not count toward the fifty percent (50%) requirement;

(e) Security grilles over windows or doors shall have no less than seventy percent (70%) transparency;

(f) The ground floor level of each building or building addition shall have a uniform minimum clear floor-to-ceiling height of fourteen feet (14 ft.);

(g) Each commercial use with frontage on Georgia Avenue, N.W. shall have an individual public entrance directly accessible from the public sidewalk;

(h) Buildings shall be designed so as not to preclude an entrance every forty feet (40 ft.) on average for the linear frontage of the building, excluding vehicular entrances, but including entrances to ground floor uses and the main lobby; and

(i) Off-street surface parking shall be permitted in rear yards or below grade only.

807.2 The Board of Zoning Adjustment may grant as a special exception pursuant to Subtitle X, Chapter 9 and Subtitle H, Chapter 52, relief from the design requirements of Subtitle H § 807.1.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 807

11-H DCMR § 808 NEW CONSTRUCTION OR ENLARGEMENT

808.1 In the NMU-4/GA and NMU-7B/GA zones, construction of a new building, or enlargement of the gross floor area of an existing building by fifty percent (50%) or more, on a lot that has twelve thousand square feet (12,000 sq. ft.) or more of land area is permitted only if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and Subtitle H, Chapter 52.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 808

11-H DCMR § 809 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 809

11-H DCMR § 810 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 810

11-H9 H STREET NORTHEAST NEIGHBORHOOD MIXED-USE ZONES — NMU-4/H-H, NMU-5A/H-H, NMU-6B/H-H, NMU-7B/H-H, NMU-8B/H-H, NMU-4/H-A, NMU-7B/H-A, NMU-4/H-R, AND NMU-5A/H-R

11-H DCMR § 900 PURPOSE AND INTENT

900.1 The purposes of the H Street Northeast NMU zones (NMU-4/H-H, NMU-4/H-A, NMU-4/H-R, NMU-5A/H-H, NMU-5A/H-R, NMU-6B/H-H, NMU-7B/H-H, NMU-7B/H-A, NMU-8B/H-H) are to:

(a) Implement the policies and goals of the H Street NE Strategic Development Plan as approved by the Council of the District of Columbia, effective February 17, 2004 (Res. 15-460);

(b) Encourage the clustering of uses into unique destination sub-districts along the corridor, specifically a housing district from 2nd Street to 7th Street, N.E.; a neighborhood-serving retail shopping district from 7th Street to 12th Street, N.E.; and an arts and entertainment district from 12th Street to 15th Street, N.E.;

(c) Establish design guidelines for new and rehabilitated buildings that are consistent with the historic character and scale of the H Street, N.E., commercial corridor;

(d) Encourage new construction to preserve existing façades constructed before 1958; and

(e) Encourage residential uses, the reuse of existing buildings, and the redevelopment of those portions of Squares 1026, 1027, 1049, and 1050 within the NMU-4/H-H, NMU-5A/H-H, NMU-6B/H-H, NMU-7B/H-H, NMU-8B/H-H, NMU-4/H-A, NMU-7B/H-A, NMU-4/H-R, and NMU-5A/H-R zones but not fronting H Street, N.E.

900.2 The H Street Northeast Neighborhood Mixed-Use zones include a housing, arts, and retail sub-district, and are comprised of the NMU-4/H-H, NMU-4/H-A, NMU-4/H-R, NMU-5A/H-H, NMU-5A/H-R, NMU-6B/H-H, NMU-7B/H-H, NMU-7B/H-A, and NMU-8B/H-H zones.

900.3 The H Street Northeast Neighborhood Mixed-Use Housing Sub-District is divided into the NMU-4/H-H, NMU-5A/H-H, NMU-6B/H-H, NMU-7B/H-H, NMU-8B/H-H zones.

900.4 The H Street Northeast Neighborhood Mixed-Use Housing Sub-District zones are intended to:

(a) Encourage residential uses along the H Street, N.E., corridor, particularly the provision of affordable units and reuse of upper floors;

(b) Establish design guidelines for new and rehabilitated buildings that are consistent with the historic character and scale of the H Street, N.E., commercial corridor; and

900.5 The NMU-4/H-H zone is intended to permit mixed-use development at a moderate-density with an emphasis on the provision of residential uses, particularly affordable units and reuse of upper floors.

900.6 The NMU-5A/H-H zone is intended to permit mixed-use development at a moderate- to medium-density with an emphasis on the provision of residential uses, particularly affordable units and reuse of upper floors.

900.7 The NMU-6B/H-H, NMU-7B/H-H, and NMU-8B/H-H zones are intended to permit mixed-use development at a medium-density with an emphasis on the provision of residential uses, particularly affordable units and reuse of upper floors.

900.8 The H Street Northeast Neighborhood Mixed-Use Commercial Arts sub-district is divided into the NMU-4/H-A and NMU-7B/H-A zones.

900.9 The H Street Northeast Neighborhood Mixed-Use Commercial Arts sub-district zones are intended to encourage arts and entertainment uses and a scale of development and a mixture of building uses that is generally compatible in scale with existing buildings.

900.10 The NMU-4/H-A zone is intended to permit mixed-use development at a moderate density with an emphasis on arts and arts-related uses.

900.11 The NMU-7B/H-A zone is intended to permit mixed-use development at a medium density with an emphasis on employment and the provision of arts and arts-related uses.

900.12 The H Street Northeast Neighborhood Mixed-Use Retail Sub-District is divided into the NMU-4/H-R and NMU-5A/H-R zones.

900.13 The H Street Northeast Neighborhood Mixed-Use Retail sub-district zones are intended to encourage retail uses and a scale of development and a mixture of building uses that is generally compatible in scale with existing buildings.

900.14 The NMU-4/H-R zone is intended to permit mixed-use development at a moderate-density with an emphasis on the provision of retail uses.

900.15 The NMU-5A/H-R zone is intended to permit mixed-use development at a moderate- to medium-density with an emphasis on the provision of retail uses.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 900

11-H DCMR § 901 DEVELOPMENT STANDARDS

901.1 The MU-4 zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-4/H-A, NMU-4/H-H, and NMU-4/H-R zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

901.2 The MU-5A zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-5A/H-H and NMU-5A/H-R zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

901.3 The MU-6B zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-6B/H-H zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

901.4 The MU-7B zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-7B/H-A and NMU-7B/H-H zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

901.5 The MU-8B zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-8B/H-H zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 901

11-H DCMR § 902 DESIGNATED ROADWAY

902.1 In the H Street Northeast Neighborhood Mixed-Use zones, the designated roadway shall be H Street, N.E.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 902

11-H DCMR § 903 DENSITY

903.1 Except as provided in Subtitle H §§ 903.2 through 903.5, in the following H Street Northeast Neighborhood Mixed-Use zones, the maximum permitted floor area ratio (FAR) shall be as set forth in the following table:

TABLE H § 903.1: MAXIMUM PERMITTED FLOOR AREA RATIO

Zones

Maximum Total FAR

Maximum Non-Residential FAR

NMU-4/H-H

2.5

3.0 (IZ)

0.5

NMU-5A/H-H

3.5

4.2 (IZ)

0.5

NMU-6B /H-H

6.0

7.2 (IZ)

0.5

NMU-7B/H-H

4.0

4.8 (IZ)

0.5

NMU-8B/H-H

5.0

6.0 (IZ)

0.5

NMU-4/H-A

2.5

3.0 (IZ)

1.0

NMU-7B/H-A

4.0

4.8 (IZ)

1.0

903.2 In the NMU-4/H-H, NMU-5A/H-H, NMU-6B/H-H, NMU-7B/H-H, and NMU-8B/H-H zones, new construction that preserves a building façade constructed before 1958 is permitted a maximum non-residential FAR of 1.5, provided that at least 1.0 FAR shall be occupied by uses in the following categories:

(a) Office, provided that the office use shall not be on the ground story;

(b) Retail;

(d) Eating and drinking establishments.

903.3 In the NMU-4/H-A, NMU-4/H-R, NMU-5A/H-R, and NMU-7B/H-A zones, new construction that preserves an existing façade constructed before 1958 is permitted an increase of 0.5 FAR to the maximum permitted non-residential density for non-residential uses.

903.4 New construction that preserves an existing façade constructed before 1958 is permitted an additional 0.5 FAR to the maximum permitted residential density for residential uses.

903.5 On Square 776, a maximum non-residential density of 1.5 FAR shall be permitted for a grocery store use.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 903

11-H DCMR § 904 PLANNED UNIT DEVELOPMENT

904.1 In the H Street Northeast Neighborhood Mixed-Use zones, a planned unit development (PUD) shall be subject to the following provisions in addition to those of Subtitle X, Chapter 3:

(a) Any additional height and floor area above that permitted as a matter of right shall be used only for housing or the designated uses;

(b) The PUD process shall not be used to reduce requirements in this chapter for designated uses, specifically retail, service, entertainment, and arts uses;

(c) The minimum area included within the proposed PUD, including the area of public streets or alleys proposed to be closed, shall be ten thousand square feet (10,000 sq. ft.);

(d) Inclusionary Developments subject to the set-aside requirements of Inclusionary Zoning (IZ) pursuant to Subtitle C, Chapter 10, may use the height and lot occupancy and bonus density as the basis of calculating the set-aside requirements for IZ units;

(e) The use of bonus FAR by a property also eligible to use the bonus provided for in Subtitle H § 903.2 shall be deemed to first utilize the bonus authorized for IZ units;

(f) Use of the bonus density authorized in Subtitle H § 903.2 shall not count towards the IZ set-aside requirements of Subtitle C, Chapter 10; and

(g) Bonus density achieved through Subtitle H § 903.2 that is in addition to the IZ requirements shall not count toward the IZ set-aside requirements of Subtitle C, Chapter 10.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 904

11-H DCMR § 905 LOT OCCUPANCY

905.1 In the following H Street Northeast Neighborhood Mixed-Use zones, the maximum permitted lot occupancy for a building or portion thereof devoted to residential use shall be as set forth in the following table:

TABLE H § 905.1: MAXIMUM PERMITTED LOT OCCUPANCY

Zones

Maximum Percentage of Lot Occupancy (%)

Maximum Percentage of Lot Occupancy

All Other Uses (%)

NMU-4/H-H

NMU-4/H-A

NMU-4/H-R

75 (IZ)

N/A

NMU-5A/H-H

NMU-5A/H-R

80 (IZ)

N/A

NMU-6B/H-H

80 (IZ)

N/A

905.2 For the purposes of Subtitle H § 905.1, "residential uses" include single dwelling units, flats, multiple dwelling unit developments, and rooming and boarding houses.

905.3 For the purposes of this chapter, the percentage of lot occupancy may be calculated on a horizontal plane located at the lowest level where residential uses begin.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 905

11-H DCMR § 906 DESIGN REQUIREMENTS - H STREET NORTHEAST NEIGHBORHOOD MIXED-USE ZONES

906.1 In the H Street Northeast Neighborhood Mixed-Use zones, the following design requirements apply to all new construction for which a building permit is required:

(a) Buildings shall be designed and built so that not less than seventy-five percent (75%) of the streetwall(s) to a height of not less than twenty-five feet (25 ft.) shall be constructed to the property line abutting the street right-of-way. Buildings on corner lots shall be constructed to both property lines abutting public streets;

(b) New construction that preserves an existing façade constructed before 1958 is permitted to use, for residential uses, an additional 0.5 FAR above the total density permitted in the underlying zone for residential uses;

(c) Parking structures with frontage on H Street, N.E., Florida Avenue, N.E., Maryland Avenue, N.E., 13th Street, N.E., 14th Street, N.E., or 15th Street, N.E., shall provide not less than sixty-five percent (65%) of the ground level frontage as commercial space;

(d) Each new building on a lot that fronts on H Street, N.E., Florida Avenue, N.E., Maryland Avenue, N.E., 13th Street, N.E., 14th Street, N.E., or 15th Street, N.E. shall devote not less than fifty percent (50%) of the surface area of the streetwall(s) at the ground level of each building to display windows having clear or clear/low-emissivity glass, except for decorative or architectural accent, and to entrances to commercial uses or to the building;

(e) Security grilles shall have no less than seventy percent (70%) transparency;

(f) Each commercial use with frontage on H Street, N.E., Florida Avenue, N.E., Maryland Avenue, N.E., 13th Street, N.E., 14th Street, N.E., or 15th Street, N.E. shall have an individual public entrance directly accessible from the public sidewalk. Multiple dwellings unit developments shall have at least one (1) primary entrance on H Street directly accessible from the sidewalk;

(g) Buildings shall be designed so as not to preclude an entrance every forty feet (40 ft.), on average, for the linear frontage of the building, excluding vehicular entrances, but including entrances to ground floor uses and the main lobby;

(h) The ground floor level of each new building or building addition shall have a uniform minimum clear floor-to-ceiling height of fourteen feet (14 ft.) if the building:

(1) Fronts on H Street, N.E.; or

(2) Fronts Florida Avenue, N.E., Maryland Avenue, N.E., 13th Street, N.E., 14th Street, N.E., or 15th Street, N.E., and would have ground floor space occupied by one (1) or more service, retail, or office uses permitted as a matter of right in the underlying zone;

(i) Buildings subject to the minimum clear floor-to-ceiling height requirements of Subtitle H § 906.1(h) shall be permitted an additional five feet (5 ft.) of building height over that permitted in the zone;

(j) Projection signs shall have a minimum clearance of eight feet (8 ft.) above a sidewalk and fourteen feet (14 ft.) above a driveway, project no more than three feet, six inches (3 ft., 6 in.) from the face of the building, and end a minimum of one foot (1 ft.) behind the curbline or extension of the curbline;

(k) Façade panel signs shall not be placed so as to interrupt windows or doors and shall project no more than twelve inches (12 in.) from the face of the building; and

(l) Roof signs are prohibited.

906.2 The Board of Zoning Adjustment may grant as a special exception pursuant to Subtitle X, Chapter 9 and Subtitle H, Chapter 52, relief from the design requirements of Subtitle H § 906.1, subject to the applicant demonstrating to the Board’s satisfaction that:

(a) The project is consistent with the design intent of the design guidelines of the H Street NE Strategic Development Plan; and

(b) The size, type, scale, and location of signs shall be compatible with the surrounding corridor and consistent with the design guidelines of the H Street NE Strategic Development Plan.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 906

11-H DCMR § 907 NEW CONSTRUCTION OR ENLARGEMENT

907.1 In the H Street Northeast Neighborhood Mixed-Use zones, construction of a new building, or enlargement of the gross floor area of an existing building by fifty percent (50%) or more, on a lot that has six thousand square feet (6,000 sq. ft.) or more of land area is permitted only if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and Subtitle H, Chapter 52.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 907

11-H DCMR § 908 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 908

11-H DCMR § 909 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 909

11-H DCMR § 910 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 910

11-H10 CHEVY CHASE NEIGHBORHOOD MIXED-USE ZONES - NMU-4/CC1 AND NMU-4/CC2

11-H DCMR § 1000 PURPOSE AND INTENT

1000.1 The purposes of the NMU-4/CC1 and NMU-4/CC2 zones shall be those of the MU-4 zone as set forth in Subtitle G § 101, those of the Neighborhood Mixed-Use zones, as set forth in Subtitle H § 101, and the following:

Implement the policies and goals of the Chevy Chase Small Area Plan as approved by the Council of the District of Columbia, effective July 12, 2022 (PR-0564);

Permit mixed-use development at a moderate density;

Permit reimagining of the Chevy Chase Community Center and Library site, including mixed-income housing and community gathering space.

Establish design guidelines that encourage sustainable, well designed new development that is compatible with the surrounding built environment and contributes to the main street character;

Establish Connecticut Avenue, N.W. between Western Avenue, N.W. and Livingston Street, N.W. as an attractive, active, pedestrian-oriented commercial corridor with a convenient mix of neighborhood-serving shops and services;

Allow and encourage residential development to help meet the need for housing, by accommodating a greater range of resident diversity to advance the District’s housing equity goals, and by mapping both the NMU-4/CC1 and NMU-4/CC2 zones as subject to IZ Plus.

1000.2 The NMU-4/CC1 zone is intended to permit mixed-use development at a moderate density.

1000.3 The NMU-4/CC2 zone is intended to permit mixed-use development and institutional uses at a moderate density.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 72 DCR 007328 (June 27, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1000

11-H DCMR § 1001 DEVELOPMENT STANDARDS

1001.1 The MU-4 zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-4/CC1 and NMU-4/CC2 zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

History

SOURCE: Final Rulemaking published at 72 DCR 007328 (June 27, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1001

11-H DCMR § 1002 DESIGNATED USE AREA

1002.1 In the NMU-4/CC1 and NMU-4/CC2 zones, the designated use area shall include any lot that fronts onto Connecticut Avenue, NW. Within this area, designated uses shall be provided pursuant to Subtitle H § 6001.

History

SOURCE: Final Rulemaking published at 72 DCR 007328 (June 27, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1002

11-H DCMR § 1003 DESIGNATED ROADWAY

1003.1 In the NMU-4/CC1 and NMU-4/CC2 zones, the designated roadway shall be Connecticut Avenue, N.W.

History

SOURCE: Final Rulemaking published at 72 DCR 007328 (June 27, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1003

11-H DCMR § 1004 DENSITY

1004.1 In the NMU-4/CC2 zone, the maximum permitted floor area ratio (FAR) shall be as set forth in the following table:

TABLE H § 1004.1: MAXIMUM PERMITTED FLOOR AREA RATIO

Zone

Maximum Total FAR

Maximum Non-Residential FAR

NMU-4/CC2

3.0

3.6 (IZ)

1.5

1004.2 In the NMU-4/CC1 zone, new construction that preserves an existing façade constructed before 1958 is permitted an increase of 0.5 FAR to the maximum permitted density.

History

SOURCE: Final Rulemaking published at 72 DCR 007328 (June 27, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1004

11-H DCMR § 1005 HEIGHT

1005.1 In the NMU-4/CC1 and NMU-4/CC2 zones, the maximum permitted building height, not including a penthouse or rooftop structure, shall be as set forth in the following table:

TABLE H § 1005.1: MAXIMUM HEIGHT

Zones

Maximum Height, Not Including Penthouse or Rooftop Structure (ft).

NMU-4/CC2

65 (IZ)

1005.2 Buildings along the designated street should have a minimum height of twenty-five feet (25 ft).

History

SOURCE: Final Rulemaking published at 72 DCR 007328 (June 27, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1005

11-H DCMR § 1006 REAR YARD

1006.1 The requirements of Subtitle G § 207.8 shall not apply to the NMU-4/CC2 zone.

1006.2 In the NMU-4/CC2:

The rear yard shall be measured from the east-most lot line of the existing property; and

The depth of the required rear yard shall be measured as the mean horizontal distance between the rear line of a building and the rear lot line abutting an alley or an R or RF zone.

History

SOURCE: Final Rulemaking published at 72 DCR 007328 (June 27, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1006

11-H DCMR § 1007 SIDE YARD

1007.1 In the NMU-4/CC1 and NMU-4/CC2 zones, no side yard is required for a building or structure other than a detached or semi-detached single household dwelling; however, if a side yard is provided it shall be at least two inches (2 in). wide for each one foot (1 ft). of height of building but no less than six feet (6 ft)..

1007.2 Notwithstanding Subtitle H § 1007.1, where an NMU-4/CC1 or NMU-4/CC2 zone is not separated by an alley from an R or RF zoned property, a side yard shall be provided of least fifteen feet (15 ft).

History

SOURCE: Final Rulemaking published at 72 DCR 007328 (June 27, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1007

11-H DCMR § 1008 LOT OCCUPANCY

1008.1 In the NMU-4/CC2 zone, the maximum permitted lot occupancy for both residential use and all other uses shall be as set forth in the following table:

TABLE G § 1008.1: MAXIMUM PERMITTED LOT OCCUPANCY

Zone

Maximum Percentage of Lot Occupancy Residential Use (%)

Maximum Percentage of Lot Occupancy

All Other Uses (%)

NMU-4/CC2

60 (IZ)

History

SOURCE: Final Rulemaking published at 72 DCR 007328 (June 27, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1008

11-H DCMR § 1009 DESIGN REQUIREMENTS CHEVY CHASE NEIGHBORHOOD NMU-4/CC1 MIXED-USE ZONE

1009.1 In the NMU-4/CC1 zone, the following design requirements shall apply to a new building or addition on any lot fronting onto Connecticut Avenue, N.W., Livingston Street, N.W., McKinley Street, N.W., or Northampton Street, N.W.:

No part of the building, including the penthouse or rooftop structure, shall project above a plane drawn at a forty-five degree (45°) angle from a line located twenty-five feet (25 ft). directly above a rear property line that abuts an alley, or zone boundary line with an R or RF zone;

A set back of not less than three feet (3 ft). shall be provided from the building façade along Connecticut Avenue, N.W. for:

(1) Any portion of a building or structure above the third story; or

(2) Any portion of a building or structure above a retained building façade pursuant to Subtitle H § 1009.1;

Buildings shall be designed and built so that not less than seventy-five percent (75%) of the street wall at the street level shall be constructed to the property line abutting the street right-of-way, not including permitted projections into public space;

Buildings shall be designed so as not to preclude an entrance every forty feet (40 ft). on average for the linear frontage of the building;

Not less than fifty percent (50%) of the surface area of the street wall at the ground level of each building shall be devoted to display windows having clear or clear/low emissivity glass and to entrances to commercial uses or to the building;

Security grilles shall have no less than seventy percent (70%) transparency;

Not more than fifty percent (50%) of the front façade of each building above the ground level, or for a building which is retaining an existing façade, above the façade to be retained, may be devoted to windows or glazing of any type;

The ground floor level of each new building or building addition shall have a minimum clear floor-to-ceiling height of fourteen feet (14 ft).;

A building which provides a ground floor level clear floor-to-ceiling height of eighteen feet (18 ft). or more shall be permitted an additional five feet (5 ft). of building height over that permitted in the zone;

Each space devoted to a designated use with frontage on Connecticut Avenue, N.W. shall have an individual public entrance directly at grade with the public sidewalk along Connecticut Avenue, N.W.;

On a corner lot that fronts onto both Connecticut Avenue, N.W. and a side street, any entrance to residential portions of the building shall be located on the side street;

Vehicle parking, loading and trash collection shall be accessed from the alley where an alley of exists. Trash and recycling rooms shall be located internal to the building, and located at-grade level of the building; and

Vehicle parking spaces shall be located below or at grade. If at grade, no portion of the parking shall be within twenty feet (20 ft). of the Connecticut Avenue right of way and shall be screened along Connecticut Avenue with designated uses.

1009.2 The requirements of Subtitle H §§ 1009.2(c) through (i) shall not apply to a building preserving a front façade pursuant to Subtitle H § 1009.2.

History

SOURCE: Final Rulemaking published at 72 DCR 007328 (June 27, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1009

11-H DCMR § 1010 DESIGN REQUIREMENTS CHEVY CHASE NEIGHBORHOOD NMU-4/CC2 MIXED-USE ZONE

1010.1 In the NMU-4/CC2 zone, the following design requirements shall apply to any building fronting onto Connecticut Avenue, N.W.:

Vehicle parking, loading and trash collection shall be accessed only from adjacent streets, except Connecticut Avenue, N.W. Trash and recycling rooms shall be located internal to the building and located at-grade level of the building; and

History

SOURCE: Final Rulemaking published at 72 DCR 007328 (June 27, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1010

11-H11 PENNSYLVANIA AVENUE EAST NEIGHBORHOOD MIXED-USE (NMU-5A/PAE) ZONE

11-H DCMR § 1100 PURPOSE AND INTENT

1100.1 The purposes of the NMU-5A/PAE zone shall be those of the MU-5A zone as set forth in Subtitle G § 101, those of the Neighborhood Mixed-Use zones, as set forth in Subtitle H § 101, and the following:

Implement the policies and goals of the Pennsylvania Avenue East Small Area Plan as approved by the Council of the District of Columbia, effective February 7, 2023 (Resolution 25-27);

Permit mixed-use development at a moderate density;

Establish Pennsylvania Avenue, S.E. between Fairlawn Avenue, S.E. and 27th Street, S.E. as an active, pedestrian-oriented commercial corridor with a convenient mix of neighborhood-serving shops and services;

Implement the design guidelines of the Pennsylvania Avenue East Small Area Plan to enhance the existing strengths and identity of the commercial corridor and to transform it into an attractive destination for the community; and

Allow and encourage residential development and a greater range of resident diversity to advance the District’s housing equity goals, and by mapping the NMU-5A/PAE zone as subject to IZ Plus

1100.2 The NMU-5A/PAE zone is intended to permit mixed-use development at a moderate density.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 000506 (January 16, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1100

11-H DCMR § 1101 DEVELOPMENT STANDARDS

DEVELOPMENT STANDARDS

1101.1 The MU-5A zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-5A/PAE zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 000506 (January 16, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1101

11-H DCMR § 1102 DESIGNATED USE AREA

1102.1 In the NMU-5A/PAE zone, the designated use area shall include any lot that fronts onto Pennsylvania Avenue, S.E. Within this area, designated uses shall be provided pursuant to Subtitle H § 6001.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 000506 (January 16, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1102

11-H DCMR § 1103 DESIGNATED ROADWAY

DESIGNATED ROADWAY

1103.1 In the NMU-5A/PAE zone, the designated roadway shall be Pennsylvania Avenue, S.E.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 67 DCR 1543 (February 14, 2020); as amended by Final Rulemaking published at 67 DCR 14506 (December 11, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 000506 (January 16, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1103

11-H DCMR § 1104 DENSITY

1104.1 An additional 0.5 FAR shall be permitted for a grocery store use, as described in Subtitle B § 100, subject to:

A minimum of five thousand square feet (5,000 s.f.) of gross floor area shall be devoted to customer-accessible sales and display area used for the sale of a general line of food products intended for home preparation and consumption; and

A maximum of fifteen percent (15%) of the gross floor area of the store may be devoted to the sale of alcohol for off-site consumption.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 000506 (January 16, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1104

11-H DCMR § 1105 HEIGHT

HEIGHT

1105.1 Buildings along the designated street should have a minimum height of twenty-five feet (25 ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 000506 (January 16, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1105

11-H DCMR § 1106 [RESERVED]

[RESERVED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 000506 (January 16, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1106

11-H DCMR § 1107 [RESERVED]

[RESERVED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 000506 (January 16, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1107

11-H DCMR § 1108 [RESERVED]

[RESERVED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 000506 (January 16, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1108

11-H DCMR § 1109 DESIGN REQUIREMENTS PENNSYLVANIA AVENUE EAST NEIGHBORHOOD MIXED-USE (NMU-5A/PAE) ZONE

DESIGN REQUIREMENTS PENNSYLVANIA AVENUE EAST NEIGHBORHOOD MIXED-USE (NMU-5A/PAE) ZONE

1109.1 In the NMU-5A/PAE zone, the following design requirements shall apply to a new building or addition on any lot fronting onto Pennsylvania Avenue, S.E.:

No part of the building, including the penthouse or rooftop structure, shall project above a plane drawn at a forty-five-degree (45°) angle from a line located twenty-five feet (25 ft.) directly above a rear property line that abuts an alley, or zone boundary line with an R or RF zone;

Buildings shall be designed and built so that not less than seventy-five percent (75%) of the street wall(s) at the street level shall be constructed to the property line abutting the street right-of-way, not including permitted projections into public space;

Buildings on corner lots shall be constructed to all property lines abutting public streets;

Buildings shall be designed so as not to preclude a commercial entrance every forty feet (40 ft.) on average for the linear frontage of the building;

Security grilles shall have no less than seventy percent (70%) transparency;

The ground floor level of each new building or building addition with a commercial use on the ground floor shall have a minimum clear floor-to-ceiling height of fifteen feet;

The depth of new retail spaces along a building frontage shall be a minimum of fifty feet (50 ft.);

Each space devoted to a designated use with frontage on Pennsylvania Avenue, S.E. shall have an individual public entrance directly at grade with the public sidewalk along Pennsylvania Avenue, S.E.;

On a corner lot that fronts onto both Pennsylvania Avenue, S.E. and a side street, any entrance to residential portions of the building shall be located on the side street;

Vehicle parking spaces shall be located below or at grade. If at grade, no portion of the parking shall be within twenty feet (20 ft.) of the Pennsylvania Avenue, S.E. right of way and shall be screened along Pennsylvania Avenue, S.E. with designated uses.

1109.2 The Board of Zoning Adjustment may grant as a special exception pursuant to Subtitle X, Chapter 9 and Subtitle H, Chapter 52, relief from the design requirements of Subtitle H § 1109.1.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 000506 (January 16, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1109

11-H DCMR § 1110 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1110

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 1202

11-H49 [RESERVED]

11-H DCMR § 4900 [REPEALED]

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 4900

11-H DCMR § 4901 [REPEALED]

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 4901

11-H DCMR § 4902 [REPEALED]

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 4902

11-H DCMR § 4903 [REPEALED]

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 4903

11-H DCMR § 4904 [REPEALED]

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 4904

11-H DCMR § 4905 [REPEALED]

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 4905

11-H52 SPECIAL EXCEPTION RELIEF FROM CERTAIN REQUIRED DEVELOPMENT STANDARDS

11-H DCMR § 5200 GENERAL PROVISIONS

5200.1 Unless specifically provided for in this subtitle, the Board of Zoning Adjustment may not grant special exception relief from the density, height, and penthouse and rooftop structure development standards.

5200.2 The Board of Zoning Adjustment may grant special exception relief from the development standards of this subtitle, pursuant to Subtitle X, Chapter 9 and subject to the following:

(a) The building or feature for which the relief is sought, at the size, intensity, and location proposed, will substantially advance the stated purposes of the NMU zones, and will not adversely affect neighboring property, nor be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity;

(b) The architectural design of the project shall enhance the urban design features of the immediate vicinity in which it is located; and, if a historic district or historic landmark is involved, the Office of Planning report to the Board of Zoning Adjustment shall include review by the Historic Preservation Office and a status of the project's review by the Historic Preservation Review Board;

(c) Exceptional circumstances exist, pertaining to the property itself or to economic or physical conditions in the immediate area, that justify the requested relief;

(d) Vehicular access and egress are located and designed so as to encourage safe and efficient pedestrian movement, minimize conflict with principal pedestrian ways, to function efficiently, and to create no dangerous or otherwise objectionable traffic conditions;

(e) Parking and traffic conditions associated with the operation of a proposed use shall not adversely affect adjacent or nearby residences;

(f) Noise associated with the operation of a proposed use shall not adversely affect adjacent or nearby residences; and

(g) The Board of Zoning Adjustment may impose requirements pertaining to design, appearance, signs, size, landscaping, and other such requirements as it deems necessary to protect neighboring property and to achieve the purposes of the NMU zone.

5200.3 Requested relief that does not comply with specific conditions or limitations of a special exception authorized by this subtitle shall be processed as a variance pursuant to Subtitle X, Chapter 10.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 5200

11-H60 USE PERMISSIONS FOR NEIGHBORHOOD MIXED-USE (NMU) ZONES

11-H DCMR § 6000 GENERAL USE PERMISSIONS

6000.1 This chapter contains the use permissions, conditions, and special exceptions for the NMU zones.

6000.2 Uses are permitted as a matter of right or as a special exception.

6000.3 A condition on a matter-of-right use may limit a use category to one (1) or more specific uses, modify the characteristic(s) of a use, or limit a use to specific zone.

6000.4 Uses are permitted as either principal or accessory uses unless specifically permitted as only a principal or accessory use.

6000.5 Other accessory uses that are customarily incidental and subordinate to the principal uses permitted in this chapter shall be permitted.

6000.6 Designated uses, as described by this chapter, shall be provided pursuant to the requirements of Subtitle H § 6001. All other uses shall be provided pursuant to the requirements of this chapter.

6000.7 Antennas in NMU zones shall be controlled by Subtitle C, Chapter 13.

6000.8 Use groups for the NMU zones are as follows:

TABLE H § 6000.8: NMU USE GROUPS

Use Group A

Use Group B

Use Group C

NMU-3A/MW

NMU-4/TK

NMU-4/CP

NMU-4/WP

NMU-4/GA

NMU-4/H-H

NMU-5A/H-H

NMU-6B/H-H

NMU-4/H-A

NMU-4/H-R

NMU-5A/H-R

NMU-5A/PAE

NMU-5A/WP

NMU-7B/ES

NMU-7B/GA

NMU-7B/H-H

NMU-8B/H-H

NMU-7B/H-A

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 72 DCR 007328 (June 27, 2025); as amended by Final Rulemaking published at 73 DCR 000506 (January 16, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 6000

11-H DCMR § 6001 DESIGNATED AND RESTRICTED USES

6001.1 In the NMU zones, any building that occupies or is constructed on a lot in a designated use area shall provide designated retail and service establishments on the ground level according to the requirements of this chapter and any additional requirements of the particular zone.

6001.2 The NMU zone designated uses, for the purposes of this subtitle, are those permitted in the following use categories subject to any conditions of this section:

(a) Animal sales, care, and boarding;

(b) Arts, design, and creation;

(d) Eating and drinking establishments;

(e) Entertainment, assembly, and performing arts

(f) Financial and general services; and

(g) Retail.

6001.3 The designated uses shall occupy no less than fifty percent (50%) of the gross floor area of the ground floor level of the building within a designated use area, subject to the following requirements:

(a) No more than twenty percent (20%) of the ground floor level area shall be financial services, travel agencies, or other ticket offices;

(b) Except in the NMU-5A/PAE, NMU-4/H-H, NMU-4/H-A, NMU-4/H-R, NMU-5A/H-H, NMU-5A/H-R, NMU-6B/H-H, NMU-7B/H-H, NMU-7B/ES, NMU-7B/H-A, and NMU-8B/H-H zones, eating and drinking establishments, and fast food establishments where permitted, shall be subject to the following limitations:

(1) These uses shall occupy no more than twenty-five percent (25%) of the linear street frontage within a particular NMU zone, as measured along the lots in the designated use area in the particular zone; and

(2) Except for fast food establishments, eating and drinking establishments may occupy the full ground floor requirements of this subsection; provided, that they shall remain subject to the linear street frontage requirement of paragraph (b)(1) of this subsection;

(c) In the NMU-7B/ES zone, eating and drinking establishments shall occupy no more than fifty percent (50%) of the linear street frontage as measured along the lots that face the designated roadway of which no more than one-half (0.5) of the 50% of the linear street frontage shall be occupied by fast food establishments and prepared food shops;

(d) In those parts of the affected building or lot other than as delineated in this section, the matter-of-right use provisions of the zone shall apply; and

(e) For the purposes of this section the designated use areas of the NMU-4/WP and NMU-5A/WP zones shall be treated as a single zone.

6001.4 The following conditions shall apply to the matter-of-right designated uses in a designated use area in the specified NMU zones:

(a) In the NMU-3A/MW zone, entertainment and performing arts shall not be considered a designated use;

(b) In the NMU-4/TK, NMU-4/H-H, NMU-5A/H-H, NMU-6B/H-H, NMU-7B/H-H, and NMU-8B/H-H zones, residential uses may also be considered designated uses;

(c) In the NMU-4/CP zone, no dwelling unit or rooming unit in existence as of October 1, 1987, shall be converted to any nonresidential use or to a transient use such as hotel or inn; provided, that this restriction shall not apply to the ground floor of the building; that is, that floor that is nearest in grade elevation to the sidewalk;

(d) In the NMU-4/GA and NMU-7B/GA zones, liquor stores and pawn shops shall not be permitted;

(e) In the NMU-7B/H-H and NMU-8B/H-H zones, catering establishments and bakeries may also be considered designated uses;

(f) In the NMU-4/H-A and NMU-7B/H-A zones, designated uses shall be limited to uses within the arts, design and creation, and the eating and drinking use categories; and

(g) In the NMU-4/CC2 zone, designated uses shall also include Local Government and Parks and Recreation uses; and

(h) In all NMU zones, animal sales, care, and boarding as a matter-of-right designated use shall be limited to:

(1) An establishment used by a licensed veterinarian for the practice of veterinary medicine subject to the following:

(A) No more than fifty percent (50%) of the gross floor area of the veterinary office may be devoted to the boarding of animals;

(B) The veterinary office shall be located and designed to create no objectionable conditions to adjacent properties resulting from animal noise, odor, or waste;

(D) External yards or other external facilities for the keeping of animals shall not be permitted; and

(E) Pet grooming, the sale of pet supplies, and incidental boarding of animals as necessary for convalescence shall be permitted as accessory uses;

(2) An animal grooming business provided there are no boarding facilities, and no external yards or other external facilities for the keeping of animals; and

(3) An animal boarding use located in a basement or cellar space subject to the following:

(A) The use shall not be located within twenty-five feet (25 ft.) of a lot within an R, RF, or RA zone. The twenty-five feet (25 ft.) shall be measured to include any space on the lot or within the building not used by the animal boarding use and any portion of a street or alley that separates the use from a lot within an R, RF, or RA zone. Shared facilities not under the sole control of the animal boarding use, such as hallways and trash rooms, shall not be considered as part of the animal boarding use;

(B) There shall be no residential use on the same floor as the use or on the floor immediately above the animal boarding use;

(C) Windows and doors of the space devoted to the animal boarding use shall be kept closed and all doors facing a residential use shall be solid core;

(D) No animals shall be permitted in an external yard on the premises;

(E) Animal waste shall be placed in a closed-waste-disposal containers and shall be collected by a licensed waste disposal company at least weekly;

(F) Odors shall be controlled by means of an air filtration or an equivalently effective odor control system; and

(G) Floor finish materials and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor shall be impervious and washable; and

(4) Animal sales, including pet shops, shall not be permitted.

6001.5 In a NMU zone, no drive-through or drive-in operation shall be permitted as a principal or accessory use.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023), as amended by Final Rulemaking published at 72 DCR 007328 (June 27, 2025); as amended by Final Rulemaking published at 73 DCR 000506 (January 16, 2026); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 6001

11-H DCMR § 6002 USES IN NMU ZONES

6002.1 Uses in those parts of a building or lot in a NMU zone that are not within a designated use area shall be permitted by Subtitle H § 6003 and the remainder of this chapter.

6002.2 When there is a difference between use permissions and conditions of this section and the designated use provisions and conditions of this chapter, the more restrictive provisions or conditions shall apply.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 6002

11-H DCMR § 6003 MATTER-OF-RIGHT USES (NMU - USE GROUPS A, B,

AND C)

6003.1 The following uses in this section shall be permitted as a matter of right:

(a) NMU zone designated uses;

(b) Agriculture, large;

(d) Chancery;

(e) Community solar facility, subject to the following conditions:

(1) Roof-mounted solar array of any size; or

(2) Ground-mounted solar array, subject to the following requirements:

(A) Measures no greater than twenty feet (20 ft.) in height;

(B) Has an aggregate panel face area of one-and-one half (1.5) acres or less;

(D) Where the panels are sited no less than forty feet (40 ft.), including any intervening street or alley, from an adjacent property in the R, RF, or RA-1 zone;

(f) Daytime care;

(g) Education, private;

(h) Education, public;

(i) Government, local;

(j) Institutional, general and religious;

(k) Medical care;

(l) Office, including chancery;

(m) Parking;

(n) Parks and recreation;

(o) Residential;

(p) Retail;

(q) Services, financial;

(r) Short-Term Rental as an accessory use to a principal residential use; and

(s) Transportation infrastructure.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 67 DCR 1543 (February 14, 2020); as amended by Final Rulemaking published at 67 DCR 14506 (December 11, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 6003

11-H DCMR § 6004 MATTER-OF-RIGHT USES (NMU – USE GROUP A)

6004.1 The following uses in this section shall be permitted as a matter of right subject to any applicable conditions:

(a) Uses permitted as a matter of right in any R, RF, or RA zone;

(b) Any use permitted in Subtitle H § 6003;

(d) Eating and drinking establishment uses, except for:

(1) A prepared food shop shall be permitted as a matter of right with seating for no more than twenty-four (24) patrons; and

(2) A fast food establishment and a food delivery business shall not be permitted as a matter of right;

(e) Emergency shelter use for no more than four (4) persons, not including resident supervisors or staff and their families;

(f) Entertainment, assembly, and performing arts uses, except for a bowling alley;

(g) Motor vehicle uses limited to the following and subject to the corresponding conditions:

(1) Gasoline service station with a valid certificate of occupancy that has not been replaced by another use with a valid certificate of occupancy;

(2) Gasoline service station as an accessory use to a parking garage or public storage garage; provided:

(A) All portions of the gasoline service station shall be located entirely within the garage;

(B) No part of the accessory use shall be visible from a sidewalk; and

(h) Service (general) uses except that a self-service or full-service laundry, or dry-cleaning establishment shall not exceed two thousand five hundred square feet (2,500 sq. ft.) of gross floor area and no dry-cleaning chemicals shall be used or stored on site; and

(i) Utility (basic) uses limited to optical transmission nodes.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 6004

11-H DCMR § 6005 SPECIAL EXCEPTION USES (NMU – USE GROUP A)

6005.1 In areas other than designated use areas, the uses in this section shall be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the conditions applicable to each use below:

(a) Animal boarding uses not meeting the conditions of Subtitle H § 6001.4(g)(3), subject to the following:

(1) The animal boarding use shall take place entirely within an enclosed building;

(2) Buildings shall be designed and constructed to mitigate noise to limit negative impacts on adjacent properties, including residential units located in the same building as the use. Additional noise mitigation shall be required for existing buildings not originally built for the boarding of animals, including the use of acoustical tiles, caulking to seal penetrations made in floor slabs for pipes, and spray-on noise insulation;

(3) The windows and doors of the space devoted to the animal boarding use shall be kept closed, and all doors facing a residential use shall be solid core;

(4) No animals shall be permitted in an external yard on the premises;

(5) Animal waste shall be placed in closed waste disposal containers and shall be collected by a waste disposal company at least weekly;

(6) Odors shall be controlled by means of an air filtration system or an equivalently effective odor control system;

(7) Floor finish material, and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor, shall be impervious and washable;

(8) The Board of Zoning Adjustment may impose additional requirements pertaining to the location of buildings or other structures, entrances and exits; buffers, banners, and fencing, soundproofing, odor control, waste storage and removal (including frequency), the species and/or number of animals; or other requirements, as the Board deems necessary to protect adjacent or nearby property; and

(9) External yards or other exterior facilities for the keeping of animals shall not be permitted.

(b) Animal care uses, except for animal boarding uses subject to Subtitle H § 6005.1(a), not meeting the conditions of Subtitle H § 6001.4(g), subject to the following:

(1) The use shall not be located on a lot that abuts an R, RF, or RA zone;

(2) The use shall be located and designed to create no objectionable condition to adjacent properties resulting from animal noise, odor, or waste;

(3) The use shall take place entirely within an enclosed and soundproofed building in such a way so as to produce no noise or odor objectionable to nearby properties. The windows and doors of the premises shall be kept closed;

(4) All animal waste shall be placed in closed waste disposal containers and shall utilize a qualified waste disposal company to collect and dispose of all animal waste at least weekly. Odors shall be controlled by an air filtration system (for example, High Efficiently Particulate Air “HEPA” filtration) or an equivalently effective odor control system;

(5) External yards or other external facilities for the keeping of animals shall not be permitted;

(6) The sale of pet supplies shall be permitted as an accessory use;

(7) The principal use shall not be for the housing, feeding, and care of stray or abandoned animals whether for profit or not for profit; and

(8) The Board of Zoning Adjustment may impose additional requirements pertaining to the location of building entrances or exits; buffers, fencing; soundproofing; odor control; waste storage and removal (including frequency); the species and/or number and/or breeds of animals; or other requirements, as the Board of Zoning Adjustment deems necessary to protect adjacent or nearby property;

(d) Community solar facility not meeting the requirements of Subtitle H § 6003.1(e), subject to the following conditions:

Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that:

(A) Maintains as many existing native trees as possible;

(B) Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture;

The application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report;

(e) Emergency shelter uses for up to fifteen (15) persons, not including resident supervisors or staff and their families, subject to the following conditions:

(1) There shall be no other property containing an emergency shelter for seven (7) or more persons in the same square, or within a radius of five hundred feet (500 ft.) from any portion of the property;

(2) There shall be adequate, appropriately located, and screened off-street parking to provide for the needs of occupants, employees, and visitors to the facility;

(2) The proposed shelter shall meet all applicable code and licensing requirements;

(3) The shelter shall not have an adverse impact on the neighborhood because of traffic, noise, operations, or the number of similar facilities in the area; and

(4) The Board of Zoning Adjustment may approve more than one (1) Emergency Shelter use in a square or within five hundred feet (500 ft.) from the property only when the Board of Zoning Adjustment finds that the cumulative effect of the shelters will not have an adverse impact on the neighborhood because of traffic, noise, or operations;

(f) Eating and drinking establishment use that is a prepared food shop with more than twenty-four (24) seats;

(g) Education, college/university uses shall be permitted as a special exception subject to Subtitle X § 102;

(h) Motor vehicle-related uses limited to the following and subject to the corresponding conditions:

(1) The use is a gasoline service station to be established or enlarged, subject to the following conditions:

The use shall not be located within twenty-five feet (25 ft.) of an R, RF, or RA zone;

The operation of the use shall not create dangerous or other objectionable traffic conditions; and

Parking spaces may be arranged so that all spaces are not accessible at all times. All parking spaces shall be designed to allow parking and removal of any vehicles without moving any other vehicle onto public space;

Utility (basic) uses, other than an optical transmission node, but not including an EEF use, provided the use will not, as a consequence of its design, operation, low employee presence, or proximity to other electronic equipment facilities, inhibit future revitalization of the neighborhood, reduce the potential for vibrant streetscapes, deplete street life, or inhibit pedestrian or vehicular movement; and

Youth Rehabilitation Home, Adult Rehabilitation Home provided that the use shall house no more than fifteen (15) persons, not including resident supervisors or staff and their families.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 6005

11-H DCMR § 6006 MATTER-OF-RIGHT USES (NMU - USE GROUP B)

6006.1 The following uses in this section shall be permitted as a matter of right subject to any applicable conditions:

(a) Uses permitted as a matter of right in any R, RF, or RA zone;

(b) Any uses permitted in Subtitle H § 6003;

(d) Eating and drinking establishment uses, except for:

(1) A prepared food shop shall be permitted as a matter of right with seating for no more than twenty-four (24) patrons; and

(2) A fast food establishment and a food delivery business shall not be permitted as a matter of right;

(e) Emergency shelter use for no more than four (4) persons, not including resident supervisors or staff and their families;

(f) Education uses in the MU-5A/H-H, MU-6B/H-H, and MU-5A/H-R zones only;

(g) Firearms retail sales establishments, except that no portion of the establishment shall be located within three hundred feet (300 ft.) of:

(1) Any R, RF, RA, MU-1, or MU-2 zones; or

(2) A place of worship, public or private school, public library, or playground;

(h) Lodging uses, except that they shall not be permitted in the MU-4/CP and MU-4/WP zones;

(i) Motor vehicle uses shall be limited to the following and subject to the corresponding conditions:

(1) An automobile rental agency;

(2) A car wash with stacking spaces for a minimum of fifteen (15) cars;

(3) A gasoline service station with a valid certificate of occupancy that has not been replaced by another use with a valid certificate of occupancy; and

(4) Gasoline service station as an accessory use to a parking garage or public storage garage; provided:

(A) All portions of the gasoline service station shall be located entirely within the garage;

(B) No part of the accessory use shall be visible from a sidewalk; and

(j) Service (general) uses subject to the following limitations and corresponding conditions:

(1) A self-service or full-service laundry, or dry-cleaning establishment shall not exceed two thousand five hundred square feet (2,500 sq. ft.) of gross floor area and no dry-cleaning chemicals shall be used or stored on site; and

(2) Any establishment that has as a principal use the administration of massage shall not be permitted as a matter of right; and

(k) Utility (basic) uses limited to optical transmission nodes.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 6006

11-H DCMR § 6007 SPECIAL EXCEPTION USES (NMU - USE GROUP B)

6007.1 In areas other than designated use areas, the uses in this section shall be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the conditions applicable to each use as follows:

(a) Animal care and boarding uses not meeting the conditions of Subtitle H § 6001.4(g) for these uses, subject to the conditions of Subtitle H §§ 6005.1(a) and (b) for these uses;

(b) [RESERVED];

(1) Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that:

(A) Maintains as many existing native trees as possible;

(B) Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture;

(2) The Application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report;

(d) Emergency shelter uses for up to twenty-five (25) persons, not including resident supervisors or staff and their families, subject to the conditions in Subtitle H § 6005.1(e);

(e) Eating and drinking establishment uses as follows:

(1) Prepared food shop with seating for more than twenty-four (24) patrons; and

(2) Fast food establishments or food delivery businesses shall be permitted, subject to the following conditions:

(A) The uses shall not be permitted in the MU-4/WP zone;

(B) No part of the lot on which the use is located shall be within twenty-five feet (25 ft.) of any R, RA, or RF zone unless separated therefrom by a street or alley;

(C) If any lot line of the lot abuts an alley containing a zone boundary line for a residential zone, a continuous brick wall at least six feet (6 ft.) high and twelve inches (12 in.) thick shall be constructed and maintained on the lot along the length of that lot line. The brick wall shall not be required in the case of a building that extends for the full width of its lot;

(D) Any refuse dumpsters shall be housed in a three- (3) sided brick enclosure equal in height to the dumpster or six feet (6 ft.) high, whichever is greater. The entrance to the enclosure shall include an opaque gate. The entrance shall not face an R, RA, or RF zone;

(E) The use shall not include a drive-through;

(F) There shall be no customer entrance in the side or rear of a building that faces a street or alley containing a zone boundary line for a residential zone; and

(G) The use shall be designed and operated so as not to become objectionable to neighboring properties because of noise, sounds, odors, lights, hours of operation, or other conditions;

(f) Education, college/university uses subject to Subtitle X § 102, in all the other zones in NMU Use Group B that are not allowed as a matter of right;

(g) Motor vehicle-related uses are not permitted except for the following uses subject to the corresponding conditions:

(1) The uses shall not be permitted in the NMU-4/H-A and NMU-4/H-R zones; and

(2) A gasoline service station or repair garage not including body or fender work, subject to the following conditions:

(A) The use shall not be located within twenty-five feet (25 ft.) of any R, RF, or RA zone;

(B) The operation of the use shall not create dangerous or other objectionable traffic conditions; and

(C) Parking spaces may be arranged so that all spaces are not accessible at all times. All parking spaces shall be designed to allow parking and removal of any vehicles without moving any other vehicle onto public space;

(h) Motorcycle sales and repair uses subject to the following conditions:

(1) The use and all its accessory facilities shall be located within a building; and

(2) No portion of a building used for motorcycle sales and repair shall be located within fifty feet (50 ft.) of any R, RF, RA, MU-1, and MU-2 zones;

(i) Parking as accessory parking spaces elsewhere than on the same lot or part of the lot on which any principal use subject to the following conditions:

(1) The total number of parking spaces provided for the principal use shall not exceed the minimum number of spaces required for the principal use;

(2) It shall be considered economically impracticable or unsafe to locate the parking spaces within the principal building or on the same lot on which the building or use is permitted because of the following:

(A) Strip zoning or shallow zoning depth;

(B) Restricted size of lot caused by adverse adjoining ownership or substantial improvements adjoining or on the lot;

(D) The lack of an alley or the lack of appropriate ingress or egress through existing or proposed alleys or streets; or

(E) Traffic hazards caused by unusual street grades or other conditions; and

(3) The parking spaces shall be located, and all facilities in relation to the parking spaces shall be designed, so that they are not likely to become objectionable to adjoining or nearby property because of noise, traffic, or other objectionable conditions.

(j) Service (general) uses subject to the following limitations and corresponding conditions:

(1) A self-service or full-service laundry or dry-cleaning establishment that exceeds two thousand five hundred square feet (2,500 sq. ft.) of gross floor area; and

(2) An establishment that has as a principal use the administration of massage;

(k) Utility (basic) uses, other than an optical transmission node, but not including an EEF use, provided the Board of Zoning Adjustment concludes the use will not, as a consequence of its design, operation, low employee presence, or proximity to other electronic equipment facilities, inhibit future revitalization of the neighborhood, reduce the potential for vibrant streetscapes, deplete street life, or inhibit pedestrian or vehicular movement;

Youth Rehabilitation Home, Adult Rehabilitation Home provided that the use shall house no more than twenty (20) persons, not including resident supervisors or staff and their families.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 6007

11-H DCMR § 6008 MATTER-OF-RIGHT USES (NMU - USE GROUP C)

6008.1 The following uses in this section shall be permitted as a matter of right subject to any applicable conditions:

(a) Uses permitted as a matter of right in any R, RF, or RA zone;

(b) Uses permitted in Subtitle H § 6003;

(d) Eating and drinking establishment uses, except a fast food establishment shall not be permitted as a matter of right;

(e) Firearms retail sales establishments, except that no portion of the establishment shall be located within three hundred feet (300 ft.) of:

(1) Any R, RF, RA, MU-1, or MU-2 zones; or

(2) A place of worship, public or private school, public library, or playground;

(f) Lodging uses, except these shall not be permitted in the NMU-5A/WP zone;

(g) Service (general) uses subject to the following limitations and corresponding conditions:

(1) A self-service or full-service laundry or dry-cleaning establishment shall not exceed five thousand square feet (5,000 sq. ft.) of gross floor area, and no dry-cleaning chemicals shall be used or stored on site; and

(2) Any establishment that has as a principal use the administration of massage shall not be permitted; and

(h) Utility (basic) uses subject to the following limitations and conditions:

(1) The use is an optical transmission node; and

(2) The use is an EEF that occupies no more than twenty-five percent (25%) of the above ground constructed gross floor area of the building; or

(3) The use is located below ground floor.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 6008

11-H DCMR § 6009 SPECIAL EXCEPTION USES (NMU - USE GROUP C)

6009.1 In areas other than designated use areas, the uses in this section shall be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the conditions applicable to each use as follows:

(a) Animal care and boarding uses not meeting the conditions of Subtitle H § 6001.4(g), subject to the conditions of Subtitle H §§ 6005.1(a) and (b);

(b) Community solar facility not meeting the requirements of Subtitle H § 6003.1(e), subject to the following conditions:

(1) Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that:

(A) Maintains as many existing native trees as possible;

(B) Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture;

(2) The application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report.

(c) Eating and drinking establishment use that is a fast food establishment, subject to the conditions of Subtitle H § 6007.1(e); except that the use shall not be permitted in the NMU-5A/WP zone;

(d) Motor vehicle-related uses are not permitted except for the following uses subject to the corresponding conditions:

(1) A gasoline service station or repair garage, subject to the following conditions:

(A) The use shall not be located within twenty-five feet (25 ft.) of any R, RF, or RA zone;

(B) The operation of the use shall not create dangerous or other objectionable traffic conditions; and

(2) Motorcycle sales and repair uses, subject to the following conditions:

(A) The use and all its accessory facilities shall be located within a building; and

(B) No portion of a building used for motorcycle sales and repair shall be located within fifty feet (50 ft.) of any R, RF, RA, MU-1, or MU-2 zones;

(e) Parking as accessory parking spaces elsewhere than on the same lot or part of the lot on which any principal use subject to the following conditions:

(1) The total number of parking spaces provided for the principal use shall not exceed the minimum number of spaces required for the principal use;

(2) The applicant demonstrates to the Board’s satisfaction that it is economically impracticable or unsafe to locate the parking spaces within the principal building or on the same lot on which the building or use is permitted because of the following:

(A) Strip zoning or shallow zoning depth;

(B) Restricted size of lot caused by adverse adjoining ownership or substantial improvements adjoining or on the lot;

(D) The lack of an alley or the lack of appropriate ingress or egress through existing or proposed alleys or streets; or

(E) Traffic hazards caused by unusual street grades or other conditions; and

(f) An automated parking garage as a principal use located and designed so as it is not likely to become objectionable to adjoining or nearby property because of noise, traffic, or other objectionable conditions;

(g) Service (general) uses not meeting the conditions of Subtitle H § 6008.1(g); and

(h) Utility (basic) uses not meeting the conditions of Subtitle H § 6008.1(h) and subject to the use will not, as a consequence of its design, operation, low employee presence, or proximity to other electronic equipment facilities, inhibit future revitalization of the neighborhood, reduce the potential for vibrant streetscapes, deplete street life, or inhibit pedestrian or vehicular movement.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 6009

11-H DCMR § 6010 PROHIBITED USES IN NMU ZONES

6010.1 Any use not permitted as a matter of right or as a special exception in this chapter shall be deemed to be prohibited.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Neighborhood Mixed-Use (NMU) Zones 11-H DCMR § 6010

11-I DOWNTOWN (D) ZONES

11-I1 INTRODUCTION TO DOWNTOWN (D) ZONES

11-I DCMR § 100 PURPOSES OF DOWNTOWN (D) ZONES

PURPOSES OF DOWNTOWN (D) ZONES

The purposes of the Downtown (D) zones (D-1-R, D-2, D-3, D-4, D-4-R, D-5, D-5-R, D-6, D-6-R, D-7, and D-8) are to provide for the orderly development and use of land and structures in areas the Comprehensive Plan generally characterized as:

Central Washington; or

Appropriate for a high-density mix of office, retail, service, residential, entertainment, lodging, institutional, and other uses, often grouped into neighborhoods with distinct identities.

The provisions of this subtitle are intended to:

Create a balanced mixture of land uses by providing incentives and requirements for retail, residential, entertainment, arts, and cultural uses the Comprehensive Plan identifies as essential to a successful downtown, and by guiding and regulating office development;

Protect historic buildings and places while permitting compatible new development, subject to the review process of the Historic Landmark and Historic District Protection Act of 1978;

Guide the design of buildings into being not inconsistent with the policies of the Central Washington Element and other relevant elements of the Comprehensive Plan;

Provide for the return of historic L’Enfant streets and rights-of way;

Establish design or use requirements for the ground-level of buildings facing certain streets that are of high priority for furthering retail, pedestrian or historic purposes contained in the Comprehensive Plan;

Encourage the development of publicly-accessible open space;

Encourage the development of housing, including the development and preservation of affordable housing, in Central Washington consistent with the policies of the Central Washington Element and other relevant elements of the Comprehensive Plan;

Provide incentives and flexible mechanisms for achieving the retail, residential, historic, and open spaces goals through the generation and use of density credits that can be traded within defined areas;

Ensure a continued mix of retail and residential development in the Comprehensive Plan’s Chinatown policy focus area;

Promote the growth of a well-design mixed-uses and streetscapes on portions of M Street, S.E., South Capitol Street, and properties now devoted to federal offices in Southwest, including a mechanism for selective design review by the Zoning Commission; and

Provide for adequate and visually acceptable parking and consolidated loading facilities that do not interfere with active, pedestrian-oriented sidewalks and the flow of vehicular traffic.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 100

11-I DCMR § 101 TYPES OF DOWNTOWN (D) REGULATIONS

TYPES OF DOWNTOWN (D) REGULATIONS

Development of property in the D zones is governed by:

General zone development standards and use regulations and those specific to a particular zone, including standards and conditions for physical development and uses, regardless of the geographic location of a property within the zone;

Location-specific regulations that apply to a property that is located in a sub-area specified in Subtitle I, Chapter 6 and has frontage on one (1) or more of the sub-area’s designated street segments, regardless of the zone district in which the property is located;

Site-plan, design, massing, or review standards in a limited number of zones or sub-areas; and

An optional process for zones other than D-1-R or D-2 to achieve bonus density or to shift the location of required uses within a trading area, as specified in Subtitle I, Chapters 8 and 9.

Figure I § 101.2 illustrates the general boundaries of the D zones and the designated street segments. Precise zone boundaries are provided by District of Columbia Zoning Map.

FIGURE I §101.2: GENERAL BOUNDARIES OF THE D ZONES

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 101

11-I DCMR § 102 GENERAL PROVISIONS

GENERAL PROVISIONS

Unless otherwise noted in this subtitle, the definitions of terms and uses, the rules of measurement, and the categorization of uses are the same as and governed by Subtitles B, C, and U.

If there is a conflict between regulations in this subtitle and regulations in other subtitles regarding the same regulatory topic, this subtitle shall govern.

Unless otherwise stated or as provided in Subtitle I § 102.6, the requirements, restrictions, and incentives of this subtitle apply to all new buildings and to existing buildings where any additions, alterations, or repairs made within a consecutive twelve (12)-month period exceed one hundred percent (100%) of the assessed value of the building as set forth in the records of the Office of Tax and Revenue as of the date of the building permit application.

The cost basis for alterations or additions to an existing building shall be the amount indicated by the applicant on the application for a building permit.

102.5 Where there are conflicts between regulations within this subtitle, the stricter regulations apply, except as provided in Subtitle I § 102.6.

102.6 A building or structure in existence with a valid Certificate of Occupancy prior to January 1, 2022, may convert existing gross floor area to the “Residential” use category of Subtitle B § 200.2 as a matter-of-right even if the building or structure or portion thereof to be converted does not comply with the following development standards of this subtitle for residential use:

(a) Courts;

(b) Floor Area Ratio (FAR);

(d) Height; or

(e) Yards.

102.7 Notwithstanding Subtitle I § 102.6, the requirements for ground floor designated uses of Subtitle I, Chapter 6, Location-Based Regulations for Downtown Sub-Areas and Designated Street Segments, shall apply.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 69 DCR 012110 (October 7, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 102

11-I DCMR § 103 PUBLIC SCHOOLS, PUBLIC RECREATION AND COMMUNITY CENTERS, AND PUBLIC LIBRARIES

103.1 Public recreation and community centers or public libraries in the NC zones shall be permitted subject to the conditions of Subtitle C, Chapter 16.

103.2 Public schools in the D zones shall be permitted subject to the conditions of Subtitle I, Chapter 49.

103.3 Development standards not otherwise addressed by Subtitle I, Chapter 49, shall be those development standards for the zone in which the buildings or structures is proposed.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 103

11-I2 GENERAL DEVELOPMENT STANDARDS FOR DOWNTOWN (D) ZONES

11-I DCMR § 200 DENSITY - FLOOR AREA RATIO (FAR)

DENSITY – FLOOR AREA RATIO (FAR)

200.1 Gross floor area shall be measured as specified in Subtitle B § 304, except that all GFA in a Lodging Use including guest rooms and service areas shall be counted as non-residential GFA.

If a historic landmark or contributing building in a historic district has an existing density of 6.0 floor area ratio (FAR) or less, the portion of the lot within the historic structure’s footprint:

Shall be limited to an on-site FAR of 6.0;

Shall be exempt from the minimum residential requirements of the lot’s zone;

May generate density credits under the provisions of Subtitle I, Chapter 8; and

May average the permitted 6.0 FAR with the permitted FARs of other lots under common ownership or for which there has been an agreement as to the allocation of FAR within the same square as the historic property or contributing building, including lots and portions of lots not subject to the 6.0 FAR maximum, to achieve a composite FAR.

If a historic landmark or contributing building or structure in a historic district has an existing FAR of more than 6.0 on the portion of the lot within the historic structure’s footprint, it shall not increase its existing FAR within the historic structure’s footprint, but shall be permitted to occupy all of the existing floors of the building for uses permitted within the zone and may generate density credits under the provisions of Subtitle I, Chapter 8.

In all D zones, except for the D-1-R zone, a property may achieve a base FAR for non-residential uses if it satisfies any minimum residential requirement for the zone. Additional FAR not to exceed the maximum FAR for the zone specified in Subtitle I, Chapter 4 may be achieved by:

Providing additional FAR devoted to residential use that is not used to meet the minimum residential floor area requirements specified for the zone provided that additional residential FAR does not provide housing for students in a building owned or leased by a public, charter, parochial, or private school or community college, college, or university for the purpose of housing students enrolled in the school owning or leasing the building;

Providing additional FAR that is not used to meet a geographic sub-area’s minimum use-type requirements;

Using credits as provided for by Subtitle I, Chapters 8 and 9, with the following exceptions:

Properties in the D-1-R or D-2 zones are not eligible to use credits; and

Historic landmarks or contributing buildings to historic districts in the D-3 through D-5 zones are subject to limitations of Subtitle I, Chapter 9; and

If located in the D-8 zone, dedicating historic street rights–of-way, as detailed in Subtitle I § 575.

Unless otherwise restricted by this subtitle, if the regulations for an individual zone restrict the non-residential density of a building, the non-residential density of a building constructed as part of a planned unit development (PUD) may be increased in accordance with Subtitle X § 303.3 and Subtitle I § 211.

Additional FAR conditions particular to the following zones are located in the regulations governing those zones:

D-4-R pursuant to Subtitle I § 531;

D-5-R pursuant to Subtitle I § 547;

D-6 pursuant to Subtitle I § 555;

D-6-R pursuant to Subtitle I § 562; and

D-8 pursuant to Subtitle I § 576.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 65 DCR 11934 (October 26, 2018); as amended by Final Rulemaking published at 69 DCR 012110 (October 7, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 200

11-I DCMR § 201 HEIGHT

HEIGHT

Unless otherwise noted in Subtitle I § 201.4, the maximum permitted building height, not including the penthouse or rooftop structure, shall be that specified in the applicable zone.

Height shall be measured in accordance with Subtitle B § 307, except as provided in Subtitle I § 201.3.

A building or structure that has frontage on Pennsylvania Avenue, N.W within the boundaries of the Pennsylvania Avenue sub-area defined in Subtitle I § 608 shall determine its measuring point by the rules in Subtitle I § 608.9.

The height of a building or structure on portions of designated street segments in the following sub-areas shall provide an upper-story height setback, or be subject to additional review, as prescribed in Subtitle I, Chapter 6:

Capitol Security Sub-Area pursuant to Subtitle I § 605;

Pennsylvania Avenue Sub-Area pursuant to Subtitle I § 608;

Massachusetts Avenue Corridor and Mount Vernon Square Sub-Area pursuant to Subtitle I § 610;

Mount Vernon Triangle Principal Intersection Sub-Area pursuant to Subtitle I § 612;

The 900 block of M Street, N.W. in the Blagden Alley Residential Transition Sub-Area pursuant to Subtitle I § 613;

South Capitol Street pursuant to Subtitle I § 616;

North Capitol Street pursuant to Subtitle I § 617; and

Independence Avenue, S.W. pursuant to Subtitle I § 618.

Unless otherwise restricted by this subtitle, if the regulations for an individual zone restrict the non-residential height of a building, the non-residential height of a building constructed as part of a PUD may be increased in accordance with Subtitle X § 303 and Subtitle I § 211.

No part of a new building or a vertical expansion of an existing building on a lot within a D zone shall project above a plane at a forty-five degree (45°) angle from a line that is:

Directly above the zone boundary line between the lot in a D zone and an adjacent lot in an R or RA zone; or

Above a boundary line described in Subtitle I § 201.6(a), or an MU-zoned lot west of 20th Street, N.W. by the distance of the matter-of-right height for a building on the abutting R, RA, or MU-zoned lot.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 201

11-I DCMR § 202 LOT OCCUPANCY

LOT OCCUPANCY

Unless otherwise limited by regulations governing courts, side or rear yards, front setback or build-to lines, easements or historic preservation, each building on a lot in any D zone may occupy one hundred percent (100%) of its lot.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 202

11-I DCMR § 203 FRONT BUILD-TO LINE

FRONT BUILD-TO LINE

In the D-1-R, D-3, D-4-R, D-5, D-5-R, D-6, D-6-R, and D-7 zones, at least seventy-five percent (75%) of each newly constructed building wall fronting a street shall be constructed to or within four feet (4 ft.) of the property line between the subject lot and the abutting street right-of-way, to a height of at least fifteen feet (15 ft.) above the higher of the building’s measuring point or the level of the curb from which the building is drawing its height, provided the building wall:

Faces a designated primary street segment as identified in Subtitle I, Chapter 6; or

Faces an avenue named after the official name of a state, commonwealth, or district in the United States of America.

If a property is subject to a front build-to requirement, the build-to line shall be the property line along the street(s) to which a building or structure is adjacent, unless the build-to line is otherwise specified for a designated street segment within the following sub-areas regulated by Subtitle I, Chapter 6:

Pennsylvania Avenue Sub-Area, Subtitle I § 608;

South Capitol and M Streets Sub-Area, Subtitle I § 616; or

Independence Avenue, S.W. Sub-Area, Subtitle I § 618.

The Board of Zoning Adjustment may grant relief to the front build-to line requirements as a special exception pursuant to Subtitle X, provided:

The integrity of the blockface’s build-to line shall not be eroded when the property is viewed from either end of the blockface; and

The area in excess of twenty-five percent (25%) that is removed from the lot line shall be open to the public during daylight hours.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 203

11-I DCMR § 204 FRONT SETBACK MEAUREMENT RULES

FRONT SETBACK MEASUREMENT RULES

A front setback shall be measured from each property line adjacent to a public street on which the building has frontage, unless the setback measuring line is otherwise specified for a designated street segment within the Mount Vernon Triangle Principal Intersection, Pennsylvania Avenue, South Capitol Street, or Independence Avenue, sub-areas in Subtitle I, Chapter 6.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 204

11-I DCMR § 205 REAR YARD

REAR YARD

Except as provided Subtitle B §§ 317 and 318.9 and in Subtitle I § 205.2, a rear yard shall be provided for each structure located in a D zone, the minimum depth of which yard shall be two and one-half inches (2.5 in.) per one foot (1 ft.) of vertical distance from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof or parapet, but not less than twelve feet (12 ft.).

A rear yard need not be provided:

Within the depth specified in § Subtitle I 205.1 for the first twenty-five feet (25 ft.) above the mean finished grade at the middle of the rear of the structure and a horizontal plane) above the first plane;

For a through lot, including a lot fronting on three or more streets; and

For a corner lot, as provided for in Subtitle I § 205.4.

The required rear yard shall be measured according to the regulations in Subtitle B § 31.8, with the following exception: if the lot abuts an alley, the rear yard may be measured to the center line of an alley-abutting a rear-lot line, rather than to the rear lot-line, in which case, for this subsection, the term “center line of an alley abutting a rear lot line,” shall have the same meaning as the term “rear lot line”.

For a corner lot in any D zone except for the D-1-R zone, a court may be provided in lieu of a rear yard, subject to the following:

The court shall comprise at least two (2) building walls and at least one (1) property line;

The building walls need not have windows or face each other;

The court shall be provided above a horizontal plane twenty-five feet (25 ft.) above the mean elevation of the rear lot line, and may be provided below that; and

The court shall comply with the width requirements for a closed court as specified in Subtitle I § 207.1, with the height of the court being measured from the horizontal plane described in Subtitle I § 205.4(c), and with the width being computed for the entire height of the court above that plane.

The Board of Zoning Adjustment may waive the rear yard requirements as a special exception pursuant to Subtitle X Chapter 9 and subject to the following conditions:

The building shall provide for adequate off-street service functions, including parking and loading areas and access points.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 72 DCR 009494 (September 5, 2025); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 205

11-I DCMR § 206 SIDE YARD

SIDE YARD

No side yard is required for a principal structure in a D zone; however, if a side setback is provided on any portion of the principal building, it shall comply with Subtitle B §§ 319 and 320, and shall be at least four feet (4 ft.) wide.

The Board of Zoning Adjustment may grant relief to the side yard requirements as a special exception pursuant to Subtitle X, Chapter 9.

The side yard regulations shall not apply to historic landmarks or contributing buildings within historic districts.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 206

11-I DCMR § 207 COURT REQUIREMENTS

COURT REQUIREMENTS

Where a court is provided, it shall have the following minimum dimensions:

TABLE I § 207.1: MINIMUM COURT DIMENSIONS

Type of Structure

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

Residential, more than 3 units

4 in./ ft. of height of court;

10 ft. minimum

4 in./ft. of height of court;

15 ft. minimum

Twice the square of the required width of court dimension;

350 sq. ft. minimum

Non-Residential and Lodging

2.5in./ft. of height of court;

6 ft. minimum

2.5 in./ft. of height of court;

12 ft. minimum

Twice the square of the required width of court dimension;

250 sq. ft. minimum.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 207

11-I DCMR § 208 GREEN AREA RATIO

GREEN AREA RATIO

Each building in a D zone shall achieve a Green Area Ratio (GAR), as specified in the following table, for the zone in which the building is located and is subject to the requirements, permissions, and conditions of Subtitle C, Chapter 6:

TABLE I § 208.1: GREEN AREA RATIO REQUIREMENTS

Zone

Green Area Ratio

D-2

0.30

D-1-R, D-3, D-4, D-4-R, D-5, D-5-R, D-6, D-6-R, D-7, D-8

0.20

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 208

11-I DCMR § 209 ACCESSORY BUILDINGS

ACCESSORY BUILDINGS

Accessory buildings may be permitted within a D zone provided the accessory building is located on the same lot as a principal building; is subordinate to and secondary in size to the principal building, and complies with setback requirements for the zone in which the accessory building is located.

An accessory building shall be used for purposes which are incidental to the use of the principal building.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 209

11-I DCMR § 210 ALLEY LOTS

ALLEY LOTS

210.1 The purposes of this section are to:

(a) Facilitate the re-use of existing alley buildings and the use of vacant or underutilized alley lots;

(b) Ensure that alley buildings are compatible with the surrounding built environment; and

210.2 The following development standards shall apply to buildings and structures on Alley Record Lots in D zones, and are intended to achieve the purposes of Subtitle I § 210.1. The base zone development standards shall also apply except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

TABLE I § 210.2: ALLEY LOT DEVELOPMENT STANDARDS (D)

(a)

Maximum Height

30 ft and 3 stories

(b)

Maximum Lot Occupancy

No Maximum

(c)

Minimum Yard Dimensions

5 ft. from any portion of a lot line that abuts any non-Alley Lot; Otherwise none required.

(d)

Minimum Alley Centerline Setback

7.5 ft. from the centerline of all abutting alleys

(e)

Minimum Green Area Ratio

As required by zone

With the exception of residential uses, a building or structure on an alley lot shall be subject to the same permissions, conditions, and restrictions as matter-of-right, special exception, and prohibited uses as the zone in which the alley lot is located.

Residential use is permitted, subject to the following conditions:

A building may not be constructed or converted to a single or multiple dwelling unit unless the lot is an Alley Record Lot and there is a minimum of four hundred and fifty square feet (450 sq. ft.) of lot area per unit; and

The Alley Lot has access to an improved public street as follows:

Through an improved public alley or alleys with an alley width of not less than twenty-four feet (24 ft.) at any point between the Alley Lot and the street; or

The public street is within three hundred (300) linear feet of the Alley Lot as measured along an improved public alley or alleys with an alley width of not less than fifteen feet (15 ft.) at any point.

210.5 A residential use on an alley lot not meeting the access requirements of Subtitle I § 210.4(b) may be permitted by special exception if approved by the Board of Zoning Adjustment subject to Subtitle X, Chapter 9, and subject to the following additional criteria:

(a) The Office of Zoning shall refer the application to the following agencies for their review and recommendation if filed to the case record within the forty (40) day period established by Subtitle A § 211:

(1) Department of Transportation (DDOT);

(2) Department of Public Works (DPW);

(3) Metropolitan Police Department (MPD);

(4) Fire and Emergency Medical Services Department (FEMS);

(5) DC Water (WASA);

(6) Department of Energy and the Environment (DOEE); and

(7) If a historic district or historic landmark is involved, the Historic Preservation Office (HPO); and

(b) The Board of Zoning Adjustment shall determine, after considering relevant agency comments concerning transportation and parking, waste management, public safety, water and sewer services, environmental impact, and historic preservation, if applicable, that:

(1) Adequate public utilities and services can be provided to the alley lot dwelling and nearby properties;

(2) Granting the special exception would not adversely impact the public health and safety of the residents of the alley lot dwelling or nearby properties; and

(3) Granting the special exception would not result in undue adverse impacts to nearby properties.

210.6 The Board of Zoning Adjustment may grant as a special exception under Subtitle X, Chapter 9, and subject to the conditions of this subsection, a maximum building height of up to forty feet (40 ft.) and four (4) stories for a new or enlarged building on an Alley Record Lot, subject to the following conditions:

(a) The proposed building shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, in particular:

(1) The light and air available to abutting or adjacent properties shall not be unduly affected;

(2) The privacy of use and enjoyment of abutting or adjacent properties shall not be unduly compromised; and

(b) In demonstrating compliance with paragraph (a), the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the proposed building’s height to abutting or adjacent buildings and views from public ways; and

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 210

11-I DCMR § 211 PLANNED UNIT DEVELOPMENTS

PLANNED UNIT DEVELOPMENTS

A planned unit development (PUD) in the D zones shall be subject to the following provisions in addition to those of Subtitle X, Chapter 3:

The PUD shall be granted only for projects that are superior in achieving the objectives and policies of the Central Washington Area Element of the Comprehensive Plan and the purposes of this subtitle;

The PUD process shall not be used to reduce requirements in this subtitle for preferred uses such as retail, service, entertainment, arts, and residential uses;

An applicant for a PUD within the D-3 through D-8 zones seeking non-residential FAR greater than the non-residential FAR permitted in Subtitle I, Chapter 5 shall demonstrate to the Zoning Commission that credits pursuant to Subtitle I, Chapters 8 and 9 have been acquired to the maximum extent feasible prior to the PUD application; and

The maximum increase in FAR that may be permitted for a PUD application that has complied with Subtitle I § 211.1(c) may be based on the FAR permitted through compliance with that section.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 211

11-I DCMR § 212 PARKING REQUIREMENTS AND STANDARDS

PARKING REQUIREMENTS AND STANDARDS

Vehicle parking spaces are not required in D zones, other than areas west of the centerline of 20th Street, N.W.

Vehicular parking shall be subject to the requirements, permission, and conditions of Subtitle C, Chapter 7.

Car-sharing spaces may be provided, but shall be subject to the standards in Subtitle C, Chapter 7.

Any external parking spaces shall be screened, consistent with the standards in Subtitle C, from any adjacent street or sidewalk, and from any residentially zoned lot that shares a lot line boundary with the lot containing the parking spaces.

Bicycle parking shall be subject to the standards in Subtitle C, Chapter 8.

A parking lot, parking garage, or parking spaces at or above grade in a building shall be permitted subject to the following conditions:

The parking facility shall conform to the requirements in Subtitle C, Chapter 7;

The parking facility shall be permitted as a matter of right if:

It provides only short-term parking and all of the parking spaces are leased to merchants or a park-and-shop organization; and

It provides parking only for residents of the building; and

The parking facility shall require Board of Zoning Adjustment approval as a variance pursuant to Subtitle Y if it provides all-day, commuter parking.

A carwash, including interior detailing, is a permitted accessory use within a permitted parking facility.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 212

11-I DCMR § 213 LOADING REQUIREMENTS

LOADING REQUIREMENTS

Loading is required in all D zones, based on the square footage of uses, and is subject to the requirements, permissions, and conditions in Subtitle C, Chapter 9.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 213

11-I DCMR § 214 PENTHOUSES OR ROOTOP STRUCTURES

PENTHOUSES OR ROOTOP STRUCTURES

Penthouses and rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15, and the height and story limitations specified in each zone of this subtitle.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 214

11-I3 GENERAL ZONE-BASED USE REQUIREMENTS AND CONDITIONS

11-I DCMR § 300 INTRODUCTION

INTRODUCTION

The purpose of regulating use categories in D zones is to allow for an appropriate mix of residential, office, lodging, retail, service, entertainment, cultural, and other uses.

This chapter provides general regulations concerning uses permitted in D zones where such rules or conditions are needed in addition to those contained in other subtitles.

Uses are regulated by the zone district in which the property is located and, if the property is located in a geographic sub-area specified in Subtitle I, Chapter 6, by the type of designated street on which a property has frontage.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 300

11-I DCMR § 301 REQUIRED USES

REQUIRED USES

The provision of residential use is required in a D zone with an “R”-suffix.

A property with frontage on a designated primary or secondary street segment is subject to the use requirements in Subtitle I, Chapter 6 for the sub-area in which the designated street frontage is located.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 301

11-I DCMR § 302 USES PERMITTED AS A MATTER OF RIGHT

USES PERMITTED AS A MATTER OF RIGHT

Unless otherwise noted in this subtitle, use permissions, including uses permitted as a matter of right, as a special exception, or as an accessory use, and uses not permitted, shall be in accordance with the MU-Use Group F of Subtitle U, Chapter 5, unless modified in this chapter, or by regulations governing a specific D zone or sub-area.

The following uses shall be permitted as a matter of right, subject to conditions:

Financial Services in all zones except for the D-1-R and D-2 zones, provided not more than twenty-five percent (25%) of the ground floor area permitted for non-residential use shall be devoted to banks, loan offices, or other financial institutions, travel agencies, or ticket offices.

Firearms sales, in all zones other than the D-1-R zone, subject to the conditions applicable to those uses in Subtitle U § 512.1;

Massage administration in any establishment where it is a principle use, in any zone, except for the D-1-R or D-2 zones, provided that no portion of the establishment shall be located within two hundred feet (200 ft.) of an R, RF, or RA zone;

Motor vehicle-related uses in all zones except for the D-1-R and D-2 zones, provided they do not include fuel sales and vehicle repair or service, except as incidental and subordinate to other permitted use categories;

Motorcycle sales and repair, in all zones except for the D-1-R, D-2, and D 4 zones, subject to the conditions for those uses in Subtitle U § 515.1;

Pet grooming establishment, in any D zone except for the D-1-R zone and the portions of the D-7 zone within the boundaries of the Pennsylvania Avenue Sub-Area defined in Subtitle I § 608;

Production, distribution, and repair uses, provided:

The use is not located in the D-1-R or D-2 zone;

If the use is located in the D-3 zone and it has a valid certificate of occupancy on the effective date of this title, it shall be deemed a conforming use, but shall not be entitled to expand;

All aspects of the use shall be conducted within a fully enclosed building or structure;

The use, including any storage, shall occupy no more than ten thousand square feet (10,000 sq. ft.); and

The excavation of rock for commercial purposes or the operation of a rock quarry is not permitted; and

Except for the D-1-R zone and the portions of the D-7 zone within the boundaries of the Pennsylvania Avenue Sub-Area defined in Subtitle I § 608, veterinary office or veterinary hospital, which may also include the incidental boarding of animals as necessary for convalescence, pet grooming, and the sale of pet supplies, but not as an independent line of business.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2485 (March 5, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 302

11-I DCMR § 303 USES PERMITTED BY SPECIAL EXCEPTION

USES PERMITTED BY SPECIAL EXCEPTION

The uses in this section shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9, subject to the following applicable provisions:

Unless otherwise permitted as a matter of right, animal care and boarding uses, and pet shops in any D zone except for the D-1-R zone and the portions of the D-7 zone within the boundaries of the Pennsylvania Avenue Sub Area defined in Subtitle § 608, subject to the conditions applicable to those uses in Subtitle U § 513.1 and

If animal boarding is provided, the use shall be located on or below the ground floor of the building; and

Animal boarding is not permitted in a pet grooming establishment or pet shop;

Eating and drinking establishments in the D-1-R and D-2 zones, provided the uses are located on or below the ground floor of the building;

Large scale government uses;

Motor vehicle sales not meeting the conditions in Subtitle I § 302.2(d) in any D zone except for the D-1-R zone, and subject to the following conditions:

The use does not include auto body or fender repair; and

The uses shall be located on or below the ground floor of the building;

Motorcycle sales and repair in the D-4 zone, subject to the conditions applicable to those uses in Subtitle U § 515.1, except that sufficient parking shall be provided for employees and customers;

Retail services, general, in the D-2 zone, provided the uses shall be located on or below the ground floor of the building;

Large format retail uses subject to the conditions for those uses in Subtitle U § 511.1, except that sufficient parking shall be provided for employees and customers;

Sexually-oriented business establishment uses in any D zone other than the D-1-R zone, subject to the following additional conditions:

The use shall not be located within six hundred feet (600 ft.) of an R, RF, or RA zone or of an education use;

The use shall not be located within three hundred feet (300 ft.) of another sexually-oriented business establishment use;

There shall be no display of goods or services visible from the exterior of the premises; and

The use shall not have an adverse impact on education, institutional, or government uses in the area; and

Veterinary offices, veterinary hospitals, or veterinary boarding hospitals, subject to the conditions applicable to those uses in Subtitle U §§ 512.1 and 513.1 in any D zones except for the D-1-R zone and the portions of the D 7 zone within the boundaries of the Pennsylvania Avenue Sub-Area defined in Subtitle I § 608.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2485 (March 5, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 303

11-I DCMR § 304 USES NOT PERMITTED

USES NOT PERMITTED

The following uses shall not be permitted as a matter of right or as a special exception in the D-1-R zone:

Lodging;

Office use;

Firearms sales; and

Sexually-oriented business establishments.

The following uses shall not be permitted as a matter of right or as a special exception in the D-1-R zone or the D-2-zone:

Motorcycles sales and repair; and

Production, distribution, and repair uses.

The following uses shall not be permitted as a matter of right or as a special exception any D zone:

Marine; and

Waste-related services.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 304

11-I DCMR § 305 GENERAL RESIDENTIAL USE REQUIREMENTS

GENERAL RESIDENTIAL USE REQUIREMENTS

Unless otherwise reduced or exempted by the provisions of this subtitle, a building in the D-1-R zone shall provide the minimum amount of required residential FAR on site.

Unless otherwise reduced or exempted by the provisions of this subtitle, a building in the D-4-R, D-5-R, or D-6-R zone shall provide the minimum amount of residential FAR required in the zone, either on the site or on a site linked to it through the purchase and use of credits as provided for by Subtitle I, Chapters 8 and 9.

The minimum residential requirements of a zone shall not apply to:

Historic properties exempted by Subtitle I §§ 200.2 or 200.3;

Buildings where the primary use and the valid certificate of occupancy is for religious worship;

The renovation of a non-residential building that has a height of six (6) floors or less at and above grade, and that has been in existence as of January 17, 1991; or

A building that is vacant, has less FAR than the minimum residential requirements of the zone, is brought up to building code, and is covenanted to continue in residential use for twenty (20) years or longer.

Residential uses required by Subtitle I, Chapter 5 shall not diminish the matter-of-right non-residential FAR allowed in a zone; but the non-residential space may not receive a certificate of occupancy until the Zoning Administrator determines that the zone requirements of Subtitle I, Chapter 5 and Subtitle I, Chapters 8 and 9, if credits are generated or used, have been met.

A child development center or a child development home shall be considered a residential use in a building with at least 2.0 FAR of residential use, not inclusive of the child development center or home, provided the center will be open and operate during normal business hours at least five (5) days each week and fifty (50) weeks each calendar year, excluding public holidays.

If a building on a lot that requires residential use is in residential use as of the effective date of this title and the residential gross floor area of a building is less than the amount of residential use required for the lot by this section, there shall be no additional residential requirement for that lot as long as the existing building remains in residential use.

The residential requirements of the D-4-R, D-5-R and D-6-R zones can be reduced according to the limits listed for the particular zone, provided:

The affordable housing is targeted to low-income households;

The affordable dwelling units are constructed directly by the owner of a lot subject to the residential requirement or through a joint venture with either a nonprofit housing sponsor or a for-profit builder/developer;

The total project cost of the affordable units, including acquisition, construction, and long-term subsidy, shall be not less than C = GFA (AV/LA)/FAR x 90%, where:

C = The contribution;

GFA = The amount of additional commercial space that is built on-site, measured in square feet;

AV = The assessed value of the land and improvements on the July 1st preceding the date on which the application for a building permit is filed;

LA = The number of square feet of land included in the property;

FAR = The commercial FAR used by the tax assessor to determine the assessed value; and

90% = The proportion of assessed commercial value that has been determined to be appropriate for this contribution;

If the affordable dwelling units are provided by rehabilitation, the building(s) shall have been previously in nonresidential use, or vacant for a minimum of three (3) years, or if occupied, shall be a tenant-sponsored purchase of the building where the tenants meet the definition of low-income households;

The Director of the Department of Housing and Community Development or the administrator of the D.C. Housing Production Trust Fund shall certify to the Zoning Administrator that:

Suitable legal and financial arrangements have been made to assure that the housing qualifies and will be continued as affordable dwelling units for not less than forty (40) years;

The funds fill a gap identified in sources and uses documentation submitted to the Director of the Department of Housing and Community Development as part of any application for financing;

The expenditure of funds per dwelling unit and the use of the funds in combination with other financial leverage is an effective means of assisting in the production of affordable housing; and

Conditions of Subtitle I §§ 305.7(a) through (f) have been met; and

No certificate of occupancy shall be issued for the non-residential development of a lot subject to Subtitle I §§ 305.7(a) through (d) until a certificate of occupancy has been issued for the affordable dwelling units, unless the affordable dwelling units are to be constructed on property owned by the District of Columbia.

Subtitle I, Chapters 8 and 9 contain the regulations for the credit system that applies to residential uses.

Residential FAR in a building owned or leased by a public, charter, parochial, or private school or community college, college, or university for the purpose of housing students enrolled in the school owning or leasing the building shall count towards fulfilling the residential FAR required in the D-1-R, D-4-R, D-5-R, or D-6-R zones, but shall not:

Count toward fulfilling the Inclusionary Zoning requirements of Subtitle C, Chapter 10;

Generate bonus density; or

Be eligible to generate or be used for the credits provided for in Subtitle I, Chapters 8 and 9.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 305

11-I DCMR § 306 USES ON ALLEY LOTS

USES ON ALLEY LOTS

A use on an alley lot or in a building on an alley lot in the D-1-R zone shall be subject to the use regulations in Subtitle U § 600, and is not eligible to generate or receive credits otherwise enabled by Subtitle I, Chapters 8 and 9.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 306

11-I4 GENERAL ZONE-BASED DESIGN REQUIREMENTS AND PERMISSIONS

11-I DCMR § 400 DRIVE- THROUGH

DRIVE- THROUGH

No vehicular drive-through is permitted on a lot in any D zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 400

11-I DCMR § 401 VEHICULAR ENTRANCES

VEHICULAR ENTRANCES

In a D zone, a vehicular entrance to a garage or loading area shall be permitted on the face of a building adjacent to a public street only if the District Department of Transportation (DDOT) permits access to the garage entrance or loading area directly from a public street right of way without an intervening alley and:

There is not an improved and accessible alley or alley system that is consistently at least fifteen feet (15 ft.) wide connecting a public street and the building lot’s rear or side property line; or

The building is subject to a less restrictive regulation in Subtitle I § 611.13 governing certain streets in the Mount Vernon Triangle Sub-Area.

A vehicular entrance that does not meet one (1) of the conditions of Subtitle I § 401.1 may be approved by Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, subject to the following criteria:

There is no practical alternative means of serving the parking, loading, or drop-off needs of the building to be served by the proposed driveway, such as signage approved by DDOT that would direct vehicles to an alternative entrance point within the same square;

The vehicular entrance will not impede the flow of pedestrian traffic on designated primary street frontage; and

The driveway that would access the proposed parking or loading entrance or exit is not inconsistent with DDOT landscape plans for the public rights of way on the designated street frontage, to the extent that such plans exist at the time of the special exception application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 401

11-I DCMR § 402 SECURITY GRILLES

SECURITY GRILLES

Security grilles over windows or doors in a building or structure in any D zone shall have at least seventy percent (70%) transparency in order to reduce the aesthetic impact on the street and, for retail streets, to ensure clear sight lines for pedestrians into the ground story.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 402

11-I DCMR § 403 OPEN ARCADE

OPEN ARCADE

If an open arcade is provided in the D-3 through D-8 zones, it shall extend the length of the entire block frontage, or shall connect with an open arcade in an abutting building in such fashion as to provide a continuous walkway.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 403

11-I DCMR § 404 ADDITIONAL DESIGN-BASED REQUIREMENTS AND PERMISSIONS

ADDITIONAL DESIGN-BASED REQUIREMENTS AND PERMISSIONS

A building on a lot with frontage on a designated street segment is subject to the regulations in Subtitle I, Chapter 6 for the sub-area in which it is located.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 404

11-I5 REGULATIONS SPECIFIC TO PARTICULAR DOWNTOWN (D) ZONES

11-I DCMR § 500 INTRODUCTION

INTRODUCTION

This chapter contains additional regulations that apply within a specific zone and that, in conjunction with the location-based sub-area regulations in Subtitle I, Chapter 6, supplement or modify the general development, use, and design regulations in Subtitle I, Chapters 2, 3, and 4.

If not otherwise specified in this chapter or Subtitle I, Chapter 6, the general regulations in Subtitle I, Chapters 2, 3, and 4 shall apply.

If there is a conflict between the regulations that apply throughout the zone and the regulations for a designated street segment within the same zone, the more restrictive regulation applies.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 500

11-I DCMR § 501 PURPOSE AND OBJECTIVE (D-1-R)

PURPOSE AND OBJECTIVE (D-1-R)

The purpose of the D-1-R zone is to require the provision of high-density housing, with a limited amount of commercial use only on or below the ground floor.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 501

11-I DCMR § 502 DENSITY - FLOOR AREA RATIO (FAR) (D-1-R)

DENSITY – FLOOR AREA RATIO (FAR) (D-1-R)

The maximum permitted FAR for a building in the D-1-R zone shall be 6.0.

Each lot in the D-1-R zone shall provide the equivalent of at least 2.0 FAR of residential use before any non-residential uses may be permitted on the lot. Unless otherwise regulated by the non-residential density requirements of Subtitle I § 609 for the Chinatown Sub-Area, a building with at least 2.0 FAR on its lot may provide up to 0.5 FAR for non-residential use, which shall be located only on or below the ground floor.

Except for IZ Plus Inclusionary Developments, residential density in the D-1-R zone is not subject to the Inclusionary Zoning requirements or bonuses of Subtitle C, Chapter 10.

A building in the D-1-R zone does not generate or receive credits regulated by Subtitle I, Chapters 8 and 9.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 502

11-I DCMR § 503 HEIGHT (D-1-R)

HEIGHT (D-1-R)

The maximum permitted building height, not including the penthouse or rooftop structure, in the D-1-R zone shall be ninety feet (90 ft.).

If a building exceeds ninety feet (90 ft.) in height, its frontage on Mount Vernon Square or on Massachusetts Avenue between North Capitol Street and 15th Street N.W. shall be subject to the Massachusetts Avenue Corridor and Mt. Vernon Square Sub-Area regulation in Subtitle I § 610.6.

503.3 The maximum permitted building height, not including the penthouse or rooftop structure, in the D-1-R zone shall be limited to ninety feet (90 ft.) on the portion of the site occupied by a historic landmark or a contributing building within a historic district.

503.4 The maximum permitted height of a penthouse or rooftop structure shall be twenty feet (20 ft.). The maximum permitted number of stories for penthouse habitable space shall be one (1) plus a mezzanine, except a second story shall be permitted for penthouse mechanical space.

503.5 The maximum permitted building height, not including the penthouse or rooftop structure, of a building without frontage on a street with a right-of-way width of at least ninety feet (90 ft.), and not subject to Subtitle I § 503.3, shall be the width of the street right-of-way, plus twenty feet (20 ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 503

11-I DCMR § 504 FRONT BUILD-TO (D-1-R)

FRONT BUILD-TO (D-1-R)

A building in the D-1-R zone shall meet the front build-to requirements of Subtitle I § 203.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 504

11-I DCMR § 505 FRONT SETBACK (D-1-R)

FRONT SETBACK (D-1-R)

A front setback shall not be required for a building in the D-1-R zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 505

11-I DCMR § 506 USES (D-1-R)

USES (D-1-R)

A building in the D-1-R zone is subject to the use regulations in Subtitle I, Chapter 3 and is not eligible to generate or receive credits otherwise enabled by Subtitle I, Chapters 8 and 9.

If a non-residential use is permitted in the D-1-R zone, it shall be located on or below the ground floor.

A building located in both the D-1-R zone and the Chinatown Sub-Area shall not be subject to the use requirements of the Chinatown Sub-Area regulations in Subtitle I § 609, except that a building in the D-1-R zone with frontage on 5th or 6th Streets, N.W. in Square 485 shall meet the general use requirements of Subtitle I § 601 for a designated secondary street segment.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 506

11-I DCMR § 507 DESIGN (D-1-R)

DESIGN (D-1-R)

A building in the D-1-R zone fronting on a designated primary or secondary street shall be subject to the design regulations in Subtitle I § 602.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 507

11-I DCMR § 508 PURPOSE AND OBJECTIVE (D-2)

PURPOSE AND OBJECTIVE (D-2)

The purposes of the D-2 zone are to accommodate high-density housing with a limited amount and type of commercial use on only the ground floor and to ensure the scale of new development is compatible with the scale of the historic areas in the vicinity of lower 16th Street, N.W., 17th Street, N.W. near the White House and Judiciary Square.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 508

11-I DCMR § 509 DENSITY - FLOOR AREA RATIO (FAR) (D-2)

DENSITY – FLOOR AREA RATIO (FAR) (D-2)

Residential density is subject to the Inclusionary Zoning requirements and bonuses of Subtitle C, Chapter 10.

The maximum permitted FAR for a building in the D-2 zone shall be 6.0 for a building not subject to Inclusionary Zoning and 7.2 FAR for a building that is subject to Inclusionary Zoning.

The maximum permitted non-residential FAR for a building in the D-2 zone shall be 3.5.

A building in the D-2 zone is not eligible to generate or receive credits regulated by Subtitle I, Chapters 8 and 9.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 509

11-I DCMR § 510 HEIGHT (D-2)

HEIGHT (D-2)

510.1 The maximum permitted building height, not including the penthouse or rooftop structure, in the D-2 zone shall be one hundred feet (100 ft.) for a building subject to Inclusionary Zoning by Subtitle C, Chapter 10, and ninety feet (90 ft.) for all other buildings.

510.2 The maximum permitted building height, not including the penthouse or rooftop structure, in the D-2 zone shall be limited to ninety feet (90 ft.) on the portion of the site occupied by a historic landmark or a contributing building within a historic district.

510.3 The maximum permitted height of a penthouse or rooftop structure shall be twenty feet (20 ft.). The maximum permitted number of stories for penthouse habitable space shall be one (1) plus a mezzanine, except a second story shall be permitted for penthouse mechanical space.

510.4 The maximum permitted building height, not including the penthouse or rooftop structure, of a building without frontage on a street with a right-of-way width of at least ninety feet (90 ft.), and not subject to Subtitle I § 510.2, shall be the width of the street right-of-way, plus twenty feet (20 ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 8596 (September 1, 2017); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 510

11-I DCMR § 511 FRONT BUILD-TO (D-2)

FRONT BUILD-TO (D-2)

A building in the D-2 zone is not subject to front build-to regulations.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 511

11-I DCMR § 512 FRONT SETBACK (D-2)

FRONT SETBACK (D-2)

A front setback shall not be required for a building in the D-2 zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 512

11-I DCMR § 513 USES (D-2)

USES (D-2)

A building in the D-2 zone is subject to the use regulations in Subtitle I, Chapter 3 and is not eligible to generate or receive credits otherwise enabled by Subtitle I, Chapters 8 and 9.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 513

11-I DCMR § 514 DESIGN (D-2)

DESIGN (D-2)

A building in the D-2 zone with frontage on a designated primary or secondary street shall meet the design requirements in Subtitle I § 602.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 514

11-I DCMR § 515 PURPOSE AND OBJECTIVE (D-3)

PURPOSE AND OBJECTIVE (D-3)

The purposes of the D-3 zone are to promote high-density development of commercial and mixed uses in the eastern portion of the District’s traditional downtown and, through height restrictions, to respond to federal concerns for the security of the nearby U.S. Capitol and Union Station.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 515

11-I DCMR § 516 DENSITY - FLOOR AREA RATIO (FAR) (D-3)

DENSITY – FLOOR AREA RATIO (FAR) (D-3)

The maximum permitted FAR for a building in the D-3 zone shall be 9.0, which can be achieved:

If all FAR is residential;

If all FAR exceeding the non-residential density permitted in Subtitle I § 516.3 is residential; or

If conditions (a) or (b) are not satisfied, through the use of credits pursuant to Subtitle I, Chapters 8 and 9.

Except for IZ Plus Inclusionary Developments, residential density in the D-3 zone is not subject to the Inclusionary Zoning requirements or bonuses of Subtitle C, Chapter 10.

The maximum non-residential FAR of a building in the D-3 zone not employing credits enabled by Subtitle I, Chapters 8 and 9 shall be 6.5.

The density of a building in the D-3 zone constructed as part of a PUD may be increased in accordance with Subtitle X § 303.3.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 516

11-I DCMR § 517 HEIGHT (D-3)

HEIGHT (D-3)

517.1 The maximum permitted building height, not including the penthouse or rooftop structure, in the D-3 zone;

(a) Shall be one hundred ten feet (110 ft.), subject to review and restrictions pertinent to the Capitol Security Sub-Area regulated by Subtitle I § 605, for Squares 574, 577, 579, 581, 582, 625, 626, 628, 630, 631, 640, and 641; and, for a building with frontage on North Capitol Street, to the requirements of the North Capitol Street Sub-Area regulated by Subtitle I § 617; or

(b) Within either Square 567 or Square 569 and not within the existing right-of-way of F Street, N.W. or the closed right-of-way of G Street N.W. abutting either of those two squares, shall be one hundred thirty feet (130 ft.), except that a building height greater than one hundred ten feet (110 ft.) within either Square 567 or Square 569 shall be subject to review and approval by the Zoning Commission, as set forth in Subtitle I § 701.

517.2 The maximum permitted building height, not including the penthouse or rooftop structure, in the D-3 zone shall be limited to ninety feet (90 ft.) on the portion of the site occupied by a historic landmark or a contributing building within a historic district.

517.3 The maximum permitted height of a penthouse or rooftop structure shall be twenty feet (20 ft.). The maximum permitted number of stories for penthouse habitable space shall be one (1) plus a mezzanine, except a second story shall be permitted for penthouse mechanical space.

517.4 The maximum permitted building height, not including the penthouse or rooftop structure, of a building without frontage on a street with a right-of-way width of at least ninety feet (90 ft.), and not subject to Subtitle I § 517.2, shall be the width of the street right-of-way, plus twenty feet (20 ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 007109 (May 19, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 517

11-I DCMR § 518 FRONT BUILD-TO (D-3)

FRONT BUILD-TO (D-3)

A building in the D-3 zone shall meet the front build-to requirements of Subtitle I § 203.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 518

11-I DCMR § 519 FRONT SETBACK (D-3)

FRONT SETBACK (D-3)

A front setback shall not be required for a building in the D-3 zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 519

11-I DCMR § 520 USES (D-3)

USES (D-3)

A building in the D-3 zone is subject to the use regulations in Subtitle I, Chapter 3 and may generate or use credits in accordance with Subtitle I, Chapters 8 and 9.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 520

11-I DCMR § 521 DESIGN (D-3)

DESIGN (D-3)

A building in the D-3 zone with frontage on a designated primary or secondary street shall meet the design requirements in Subtitle I § 602.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 521

11-I DCMR § 522 REVIEW REQUIREMENTS (D-3)

REVIEW REQUIREMENTS (D-3)

A new building or building addition that would be taller than ninety feet (90 ft.) above its measuring point, or that would have a balcony, terrace, or roof deck where the top of surface on which a person would stand is more than ninety feet (90 ft.) above the building’s measuring point, and is located in Squares 625, 626, 628, 630, 631 574, 577, 579, 581, 582, 640, or 641 shall be subject to the review requirements for the Capitol Security Sub-Area in Subtitle I § 605.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 522

11-I DCMR § 523 PURPOSE AND OBJECTIVE (D-4)

PURPOSE AND OBJECTIVE (D-4)

The purpose of the D-4 zone is to promote high-density development of commercial and mixed uses in areas with a concentration of federal and infrastructure uses.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 523

11-I DCMR § 524 DENSITY - FLOOR AREA RATIO (FAR) (D-4)

DENSITY – FLOOR AREA RATIO (FAR) (D-4)

Residential density is subject to the Inclusionary Zoning requirements and bonuses of Subtitle C, Chapter 10.

The maximum permitted FAR for a building in the D-4 zone shall be 7.8, which can be achieved:

If all FAR is residential and accesses the Inclusionary Zoning bonus;

If all FAR exceeding the non-residential density permitted in Subtitle I § 524.4 is residential and accesses the Inclusionary Zoning bonus; or

The maximum permitted residential FAR for a building in the D-4 zone shall be 6.5 for a building not subject to Inclusionary Zoning.

The maximum permitted non-residential FAR of a building in the D-4 zone not employing credits enabled by Subtitle I, Chapters 8 and 9 shall be 6.5.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 524

11-I DCMR § 525 HEIGHT (D-4)

HEIGHT (D-4)

With the exception of a building meeting the requirements of Subtitle I § 525.2, the maximum permitted building height, not including the penthouse or rooftop structure, in the D-4 zone shall be ninety feet (90 ft.), unless the building does not have frontage on a street with a right-of-way width of at least ninety feet (90 ft.), in which case the maximum permitted building height, not including the penthouse or rooftop structure, shall be the width of the street right-of-way, plus twenty feet (20 ft.).

If a building in the D-4 zone fronts on a designated tertiary street segment noted in Subtitle I, Chapter 6 and illustrated in Subtitle I § 603.1, or if the Zoning Commission, pursuant Subtitle I, Chapter 7, permits the building’s height to exceed ninety feet (90 ft.), the building shall be subject to the following regulations:

If fronting on Pennsylvania Avenue, N.W., the building and upper story setback requirements and height permissions in Subtitle I § 608.9;

If fronting on Massachusetts Avenue, N.W., the upper story setback requirements in Subtitle I § 610.7;

If fronting on South Capitol Street, S.W., the building and upper story setback requirements in Subtitle I § 616.7;

If fronting on North Capitol Street, N.W., the upper story setback requirements in Subtitle I §§ 617.6 and 617.7; and

If fronting on Independence Avenue, S.W., the building and upper story setback requirements in Subtitle I § 618.5.

The maximum permitted building height, not including the penthouse or rooftop structure, in the D-4 zone shall be limited to ninety feet (90 ft.) on the portion of the site occupied by a historic landmark or a contributing building within a historic district.

No building that abuts or is across an alley from an R zone lot, or that abuts or is across an alley from an MU zone lot west of the centerline of 20th Street, N.W., shall project above a plane at a forty-five degree (45°) angle from a line that is directly above the zone boundary line between the D zone lot and the R zone lot, at the matter-of-right height permitted for the R zone lot.

The maximum permitted height of a penthouse or rooftop structure shall be twenty feet (20 ft.). The maximum permitted number of stories for penthouse habitable space shall be one (1) plus a mezzanine, except a second story shall be permitted for penthouse mechanical space.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 525

11-I DCMR § 526 FRONT BUILD-TO (D-4)

FRONT BUILD-TO (D-4)

A building in the D-4 zone is not subject to front build-to regulations, unless it fronts on South Capitol Street and is subject to the regulations in Subtitle I §§ 616.7 or 616.8 for a designated tertiary street segment.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 526

11-I DCMR § 527 FRONT SETBACK (D-4)

FRONT SETBACK (D-4)

A front setback shall not be required for a building in the D-4 zone except as otherwise regulated by the following regulations for a designated street:

Subtitle I § 616.7 if fronting on M Street, S.E.; and

Subtitle I § 618.5(b) if fronting on Independence Avenue, S.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 527

11-I DCMR § 528 USES (D-4)

USES (D-4)

A building in the D-4 zone is subject to the use regulations in Subtitle I, Chapter 3 and may generate or receive credits pursuant to Subtitle I, Chapters 8 and 9.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 528

11-I DCMR § 529 DESIGN (D-4)

DESIGN (D-4)

A building in the D-4 zone fronting on a designated primary or secondary street shall be subject to the design regulations in Subtitle I § 602.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 529

11-I DCMR § 530 PURPOSE AND OBJECTIVE (D-4-R)

PURPOSE AND OBJECTIVE (D-4-R)

The purposes of the D-4-R zone are to promote the development of high-density residential and mixed-use neighborhoods on Massachusetts Avenue between Thomas Circle and New Jersey Avenue, N.W.; the Mount Vernon Triangle neighborhood located between New York, New Jersey, and Massachusetts Avenues, N.W.; and the blocks between Massachusetts Avenue, N.W. and Judiciary Square.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 530

11-I DCMR § 531 DENSITY - FLOOR AREA RATIO (FAR) (D-4-R)

DENSITY – FLOOR AREA RATIO (FAR) (D-4-R)

The maximum permitted density for a building in the D-4-R zone shall be the density achievable within the height and bulk permitted by the zone and any applicable sub-area regulations:

If all of the building’s FAR is devoted to residential use;

If all FAR exceeding the non-residential density permitted in Subtitle I § 531.5 is devoted to residential use; or

If conditions (a) or (b) are not satisfied, through the use of credits pursuant to Subtitle I, Chapters 8 and 9.

A building on a lot in the D-4-R zone shall provide a minimum residential FAR of 4.5 on the lot unless:

The residential requirement is reduced or eliminated by the provisions of Subtitle I §§ 200.3, 200.4, 305.2, or 531.3;

The residential requirement is reduced by up to 1.35 FAR through constructing or financially assisting affordable housing pursuant to Subtitle I § 305.6; or

If modified through the credit procedures provided in Subtitle I, Chapters 8 and 9.

531.3 The residential requirement in Subtitle I § 531.2 shall not apply to the following:

(a) A building on Square 342, Lot 810 that has been used as a hostel since April 7, 2006, that remains in hostel use, and which may be expanded or rebuilt to a maximum 9.5 FAR without a housing requirement;

(b) A building in the D-4-R zoned portion of Square 485; and

(c) A building on any lot in Square 370 shall be exempt from minimum residential requirements as long as it has a valid construction permit or certificate of occupancy for a hotel.

Residential density in the D-4-R zone is not subject to the Inclusionary Zoning requirements or bonuses of Subtitle C, Chapter 10.

Except for IZ Plus Inclusionary Developments, residential density in the D-4-R zone is not subject to the Inclusionary Zoning requirements or bonuses of Subtitle C, Chapter 10.

531.5 The maximum permitted non-residential FAR of a building in the D-4-R zone not employing credits enabled by Subtitle I, Chapters 8 and 9 shall be 3.5.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 531

11-I DCMR § 532 HEIGHT (D-4-R)

HEIGHT (D-4-R)

The maximum permitted building height, not including the penthouse or rooftop structure, in the D-4-R zone shall be as follows:

Street Right-of-Way Width

Maximum Permitted Building Height, Not Including Penthouse or Rooftop Structure

Greater than or equal to 110 ft.

130 feet

Less than one 110 ft. but greater than or equal to 100 ft.

120 feet

Less than 100 ft. but greater than or equal to 90 ft.

110 feet

Less than 90 ft.

No taller than the width of the street right of way, plus 20 feet

The height limits established in Subtitle I § 532.1 shall apply to a building regardless of its employment of the credits enabled by Subtitle I, Chapters 8 and 9.

A building on a lot in the D-4-R zone with frontage on one (1) or more of the following designated street segments shall also be subject to the height regulations governing the sub-area in which the segment is located:

The Massachusetts Avenue Sub-Area regulations in Subtitle I § 610 apply to properties fronting on Massachusetts Avenue, N.W., between 3rd and 13th Streets, N.W.;

The Blagden Alley Residential Transition Sub-Area regulations in Subtitle I § 613 apply to properties fronting on M Street, N.W. between 9th and 10th Streets, N.W.; and

The Mount Vernon Triangle Principal Intersection Area Sub-Area regulations in Subtitle I § 612, governing exterior and interior heights, apply to properties fronting on portions of the intersection of 5th and K Streets, N.W.

532.4 The maximum permitted building height, not including the penthouse or rooftop structure, in the D-4-R zone shall be limited to ninety feet (90 ft.) on the portion of the site occupied by a historic landmark or a contributing building within a historic district.

532.5 The maximum permitted height of a penthouse or rooftop structure shall be twenty feet (20 ft.). The maximum permitted number of stories for penthouse habitable space shall be one (1) plus a mezzanine, except a second story shall be permitted for penthouse mechanical space.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 532

11-I DCMR § 533 FRONT BUILD-TO (D-4-R)

FRONT BUILD-TO (D-4-R)

A building in the D-4-R zone is subject to the front build-to regulations in Subtitle I § 203.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 533

11-I DCMR § 534 FRONT SETBACK (D-4-R)

FRONT SETBACK (D-4-R)

A front setback shall not be required for a building in the D-4-R zone except as otherwise required by the regulations Subtitle I § 612 for a designated primary street segment at the intersection of K and 5th Streets, N.W. in the Mount Vernon Triangle Principal Intersection Area Sub-Area.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 534

11-I DCMR § 535 COURT (D-4-R)

COURT (D-4-R)

With the exception of a court fronting the portion of building frontage at the intersection of 5th and K Streets, N.W. that is within the Mount Vernon Triangle Principal Intersection Area Sub-Area, a building in the D-4-R zone shall be governed by the court regulations in Subtitle I § 207.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 535

11-I DCMR § 536 USES (D-4-R)

USES (D-4-R)

A building in the D-4-R zone is subject to the use regulations in Subtitle I, Chapter 3 and may generate or receive credits pursuant to Subtitle I, Chapters 8 and 9.

A building in the D-4-R zone fronting a designated primary street segment shall meet the use requirements of Subtitle I § 601 and the design requirements of Subtitle I § 602.

A building in the D-4-R zone fronting a designated primary street segment in the Mount Vernon Triangle Principal Intersection Area Sub-Area shall conform with the use requirements in I Subtitle § 612.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 536

11-I DCMR § 537 DESIGN (D-4-R)

DESIGN (D-4-R)

A building in the D-4-R zone fronting on a designated primary or secondary street segment shall be subject to the design regulations in Subtitle I § 602.

A building in the D-4-R zone fronting on a designated primary street segment in the Mount Vernon Triangle Principal Intersection Area Sub-Area shall conform with the design requirements in Subtitle I §§ 612.5 and 612.6.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 537

11-I DCMR § 538 PURPOSE AND OBJECTIVE (D-5)

PURPOSE AND OBJECTIVE (D-5)

The purposes of the D-5 zone are to promote high-density development of commercial and mixed uses in areas that had been receiving areas for transferable development rights under Chapter 17 of the 1958 Zoning Regulations.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 538

11-I DCMR § 539 DENSITY - FLOOR AREA RATIO (FAR) (D-5)

DENSITY – FLOOR AREA RATIO (FAR) (D-5)

The maximum permitted FAR for a building in the D-5 zone shall be the density achievable within the height and bulk permitted by the zone and any applicable sub-area regulations:

If all of the building’s FAR is devoted to residential use;

If all FAR exceeding the non-residential density permitted in Subtitle I § 539.3 is devoted to residential use; or

If conditions (a) or (b) are not satisfied through the use of credits provided for by Subtitle I, Chapters 8 and 9 enable.

Except for IZ Plus Inclusionary Developments, residential density in the D-5 zone is not subject to the Inclusionary Zoning requirements or bonuses of Subtitle C, Chapter 10.

The maximum permitted non-residential FAR of a building in the D-5 zone not employing credits in accordance with Subtitle I, Chapters 8 and 9 shall be 6.5.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 539

11-I DCMR § 540 HEIGHT (D-5)

HEIGHT (D-5)

The maximum permitted building height, not including the penthouse or rooftop structure, in the D-5 zone shall be as follows:

Street Right-of-Way Width

Maximum Permitted Building Height, Not Including Penthouse or Rooftop Structure

Greater than or equal to 110 ft.

130 feet

Less than 110 ft. but greater than or equal to one 100 ft.

120 feet

Less than 100 ft. but greater than or equal to 90 ft.

110 feet

Less than 90 ft.

No taller than the width of the street right of way, plus 20 feet

A building on a lot in the D-5 zone with frontage on one (1) or more of the following designated street segments shall also be subject to the height regulations governing the sub-area in which the segment is located:

The Massachusetts Avenue Corridor and Mount Vernon Square Sub-Area regulations in Subtitle I § 610 apply to properties fronting on Massachusetts Avenue, or Mount Vernon Square N.W., between 3rd and 13th Streets, N.W.; and

The Blagden Alley Residential Transition Sub-Area regulations in Subtitle I § 613 apply to properties fronting on M Street, N.W. between 9th and 10th Streets, N.W.

The maximum permitted building height, not including the penthouse or rooftop structure, in the D-5 zone shall be limited to ninety feet (90 ft.) on the portion of the site occupied by a historic landmark or a contributing building within a historic district.

A building located west of 20th Street shall be subject to the upper story setback regulations in Subtitle I § 201.6.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 540

11-I DCMR § 541 FRONT BUILD-TO (D-5)

FRONT BUILD-TO (D-5)

A building in the D-5 zone is subject to the front build-to regulations in Subtitle I § 203.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 541

11-I DCMR § 542 FRONT SETBACK (D-5)

FRONT SETBACK (D-5)

A front setback shall not be required for a building in the D-5 zone except that a building fronting on a designated primary street segment on 5th or K Streets, N.W. within the Mount Vernon Triangle Principal Intersection Sub-Area shall meet the setback requirements of Subtitle I § 612.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 542

11-I DCMR § 543 PARKING (D-5)

PARKING (D-5)

A new or substantially renovated building in the D-5 zone located on a lot west of 20th Street, N.W. shall provide parking complying with the regulations in Subtitle C, Chapter 7.

A building in the D-5 zone located on a lot east of 20th Street, N.W. is not required to provide accessory parking, but if it is provided, its provision shall be governed by the parking regulations in Subtitle C, Chapter 7.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 543

11-I DCMR § 544 USES (D-5)

USES (D-5)

A building in the D-5 zone is subject to the use regulations in Subtitle I, Chapter 3 and may generate or receive credits pursuant to Subtitle I, Chapters 8 and 9.

A building in the D-5 zone fronting on a designated primary or secondary street shall be subject to the use regulations in Subtitle I § 601.

A building in the D-5 zone with frontage on a designated primary street in the North of Massachusetts Avenue (NoMA) Corridor Sub-Area shall be subject to the use regulations in Subtitle I § 615.3.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 544

11-I DCMR § 545 DESIGN (D-5)

DESIGN (D-5)

A building in the D-5 zone fronting on a designated primary or secondary street shall be subject to the design regulations in Subtitle I § 602.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 545

11-I DCMR § 546 PURPOSE AND OBJECTIVE (D-5-R)

PURPOSE AND OBJECTIVE (D-5-R)

The purposes of the D-5-R zone are to promote high-density residential development through housing requirements and incentives in areas near Mount Vernon Square and in the Mount Vernon Triangle while accommodating high-density commercial and mixed-use development.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 546

11-I DCMR § 547 DENSITY - FLOOR AREA RATIO (FAR) (D-5-R)

DENSITY – FLOOR AREA RATIO (FAR) (D-5-R)

The maximum permitted FAR for a building in the D-5-R zone shall be the density achievable within the height and bulk permitted by the zone and any applicable sub-area regulations:

If all of the building’s FAR is devoted to residential use;

If all FAR exceeding the non-residential density permitted in Subtitle I § 547.5 is devoted to residential use; or

If conditions (a) or (b) are not satisfied, through the use of credits provided for by Subtitle I, Chapters 8 and 9.

A building on a lot in the D-5-R zone shall provide a minimum residential FAR of 3.5 on the lot:

Unless the residential requirement is reduced or eliminated by Subtitle I §§ 200.2 or 200.3, or Subtitle I § 547.4;

Unless relieved of a residential requirement by the provisions of Subtitle I § 305.3;

Unless the residential requirement is reduced by up to 1.4 FAR through constructing or financially assisting affordable housing pursuant to Subtitle I § 305.7; or

Unless the requirement is met using the credit procedures enabled by Subtitle I, Chapters 8 and 9.

Except for Square 487 and IZ Plus Inclusionary Developments, residential density in the D-5-R zone is not subject to the Inclusionary Zoning requirements or bonuses of Subtitle C, Chapter 10.

Any lot in Square 370 shall be exempt from minimum residential requirements as long as it has a valid construction permit or certificate of occupancy for a hotel.

The maximum permitted non-residential density of a building in the D-5-R zone not employing credits enabled by Subtitle I, Chapters 8 and 9 shall be 6.0 FAR.

A building fronting on a designated primary or secondary street in the Chinatown Sub-Area is further governed by the FAR requirements in Subtitle I § 609.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 73 (January 4, 2019); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 547

11-I DCMR § 548 HEIGHT (D-5-R)

HEIGHT (D-5-R)

The maximum permitted building height, not including the penthouse or rooftop structure, in the D-5-R zone shall be as follows:

Street Right-of-Way Width

Maximum Permitted Building Height, Not Including Penthouse or Rooftop Structure

Greater than or equal to 110 ft.

130 feet

Less than 110 ft. but greater than or equal to 100 ft.

120 feet

Less than 100 ft. but greater than or equal to 90 ft.

110 feet

Less than 90 ft.

No taller than the width of the street right of way, plus 20 feet

A building on a lot in the D-5-R zone with frontage on one (1) or more of the following designated street segments shall also be subject to the exterior height regulations governing the sub-area in which the segment is located:

The Massachusetts Avenue Corridor and Mt. Vernon Square Sub-Area regulations in Subtitle I § 610 apply to properties fronting Massachusetts Avenue, or Mount Vernon Place N.W., between 6th and 10th Streets, N.W.; and

The Mount Vernon Triangle Principal Intersection Area Sub-Area regulations in Subtitle I § 612, governing exterior and interior heights, apply to properties fronting portions of the intersection of 5th and K Streets, N.W.

548.3 The maximum permitted building height, not including the penthouse or rooftop structure, in the D-5-R zone shall be limited to ninety feet (90 ft.) on the portion of the site occupied by a historic landmark or a contributing building within a historic district.

548.4 The maximum permitted height of a penthouse or rooftop structure shall be twenty feet (20 ft.). The maximum permitted number of stories for penthouse habitable space shall be one (1) plus a mezzanine, except a second story shall be permitted for penthouse mechanical space.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 548

11-I DCMR § 549 FRONT BUILD-TO (D-5-R)

FRONT BUILD-TO (D-5-R)

A building in the D-5-R zone is subject to the front build-to regulations in Subtitle I § 203.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 549

11-I DCMR § 550 FRONT SETBACK (D-5-R)

FRONT SETBACK (D-5-R)

A front setback shall not be required for a building in the D-5-R zone except as otherwise required by the regulations Subtitle I § 612 for a designated primary street segment at the intersection of 5th and K Streets, N.W. in the Mount Vernon Triangle Principal Intersection Area Sub-Area.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 550

11-I DCMR § 551 COURT (D-5-R)

COURT (D-5-R)

With the exception of a court fronting the portion of building frontage fronting the intersection of 5th and K Streets, N.W. that is within the Mount Vernon Triangle Principal Intersection Area Sub-Area governed by Subtitle I § 612, a building in the D-5-R zone shall be governed by the court regulations in Subtitle I § 207.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 551

11-I DCMR § 552 USES (D-5-R)

USES (D-5-R)

A building in the D-5-R zone is subject to the use regulations in Subtitle I, Chapter 3 and may generate or receive credits pursuant to Subtitle I, Chapters 8 and 9.

A building in the D-5-R with frontage on a designated primary or secondary street adjacent to Square 425, 428, 429 and 454 in the Chinatown Sub-Area is further governed by the use requirements in Subtitle I § 609.

A building with frontage on a designated primary street in the Mount Vernon Triangle Principal Intersection Sub-Area at the intersection of 5th and K Streets, N.W. is subject to the additional use regulations in Subtitle I § 612.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 552

11-I DCMR § 553 DESIGN (D-5-R)

DESIGN (D-5-R)

A building in the D-5-R zone with frontage on a designated primary or secondary street shall meet the design requirements in Subtitle I § 602 unless otherwise governed by Subtitle I § 553.2.

A building in the D-5-R zone fronting on a designated primary street in the Mount Vernon Triangle Principal Intersection Sub-Area is subject to the design regulations in Subtitle I § 612.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 553

11-I DCMR § 554 PURPOSE AND OBJECTIVE (D-6)

PURPOSE AND OBJECTIVE (D-6)

The purposes of the D-6 zone are to permit high-density development of mixed uses in an area bounded generally by New York Avenue, N.W. and M Street, N.W. between 12th and 19th Streets, N.W. and, in conjunction with sub-area use requirements, to promote the retention of a vital retail corridor on lower Connecticut Avenue, N.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 554

11-I DCMR § 555 DENSITY - FLOOR AREA RATIO (FAR) (D-6)

DENSITY – FLOOR AREA RATIO (FAR) (D-6)

The maximum permitted FAR for a building in the D-6 zone shall be the density achievable within the height and bulk permitted by the zone and any applicable sub-area regulations:

If all of the building’s FAR is devoted to residential use;

If all FAR exceeding the non-residential density permitted in Subtitle I § 555.3 is devoted to residential use; or

Except for IZ Plus Inclusionary Developments, residential density in the D-6 zone is not subject to the Inclusionary Zoning requirements or bonuses of Subtitle C, Chapter 10.

The maximum permitted non-residential FAR of a building in the D-6 zone not employing credits in accordance with Subtitle I, Chapters 8 and 9 shall be 10.0 for a building with frontage on a street with a right-of-way at least one hundred ten feet (110 ft.) wide, and 8.5 FAR for a street with a right-of-way of lesser width.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 555

11-I DCMR § 556 HEIGHT (D-6)

HEIGHT (D-6)

556.1 The maximum permitted building height, not including the penthouse or rooftop structure, in the D-6 zone shall be as follows:

Street Right-of-Way Width

Maximum Permitted Building Height, Not Including Penthouse or Rooftop Structure

Greater than or equal to 110 ft.

130 feet

Less than 110 ft. but greater than or equal to 100 ft.

120 feet

Less than 100 ft. but greater than or equal to 90 ft.

110 feet

Less than 90 ft.

No taller than the width of the street right of way, plus 20 feet

A building on a lot in the D-6 zone fronting on Massachusetts Avenue, N.W. shall conform to the height requirements for the Massachusetts Avenue Corridor and Mount Vernon Square Sub-Area in Subtitle I § 610.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 556

11-I DCMR § 557 FRONT BUILD-TO (D-6)

FRONT BUILD-TO (D-6)

A building in the D-6 zone is subject to the front build-to regulations in Subtitle I § 203.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 557

11-I DCMR § 558 FRONT SETBACK (D-6)

FRONT SETBACK (D-6)

A front setback shall not be required for a building in the D-6.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 558

11-I DCMR § 559 USES (D-6)

Uses (D-6)

A building in the D-6 zone is subject to the use regulations in Subtitle I, Chapter 3 and may generate or receive credits pursuant to Subtitle I, Chapters 8 and 9.

A building in the D-6 zone fronting on a designated primary or secondary street shall be subject to the use regulations in Subtitle I § 601.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 559

11-I DCMR § 560 DESIGN (D-6)

DESIGN (D-6)

A building in the D-6 zone fronting on a designated primary or secondary street shall be subject to the design regulations in Subtitle I § 602.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 560

11-I DCMR § 561 PURPOSE AND OBJECTIVE (D-6-R)

PURPOSE AND OBJECTIVE (D-6-R)

The purposes of the D-6-R zone are to permit high-density commercial development in the Downtown core while promoting residential development throughout the zone with residential requirements and incentives.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 561

11-I DCMR § 562 DENSITY - FLOOR AREA RATIO (FAR) (D-6-R)

DENSITY – FLOOR AREA RATIO (FAR) (D-6-R)

The maximum permitted density for a building in the D-6-R zone shall be the density achievable within the height and bulk permitted by the zone and any applicable sub-area regulations:

If all of the building’s FAR is devoted to residential use;

If all FAR exceeding the non-residential density permitted in Subtitle I § 562.5 is devoted to residential use; or

If conditions (a) or (b) are not satisfied, through the use of credits provided for by Subtitle I, Chapters 8 and 9.

A building on a lot in the D-6-R zone shall provide a minimum residential density of 2.0 FAR on the lot unless:

Relieved of a residential requirement by the provisions of Subtitle I §§ 305.3, 562.3, or 562.4;

The residential requirement is reduced by up to 0.8 FAR through constructing or financially assisting affordable housing pursuant to Subtitle I § 305.7; or

If modified through the credit procedures enabled by Subtitle I, Chapters 8 and 9, subject to the condition in Subtitle I §§ 200.2 and 200.3.

Except for IZ Plus Inclusionary Developments, residential density in the D-6-R zone is not subject to the Inclusionary Zoning requirements or bonuses of Subtitle C, Chapter 10.

Any lot in Square 455 shall be exempt from minimum residential requirements as long as it is occupied by an arena with a valid certificate of occupancy.

The maximum permitted non-residential density of a building in the D-6-R zone not employing credits enabled by Subtitle I, Chapters 8 and 9 shall be 10.0 FAR for a building fronting on a street with a right-of-way width of at least one hundred ten feet (110 ft.) and 8.5 FAR on a street with a right-of-way of lesser width.

A building in the D-6-R zone fronting a designated primary or secondary street shall be subject to the following use-related density requirements:

The general primary and secondary street requirements in Subtitle I § 601;

The Chinatown Sub-Area requirements in Subtitle I § 609 if the designated street borders Square 455 north of a line extending eastward from G Place, N.W. between 7th and 6th Streets N.W.;

The Downtown Retail Core Sub-Area in Subtitle I § 606 if the designated street borders Square 377; and

The Downtown Arts Sub-Area requirements in Subtitle I § 607 if the designated street borders:

One (1) of the following Squares: 377, 406, 407, 408, 431, 456, 457, 458, or 459; or

One (1) of the following squares, south of a line extending eastward from G Place, N.W.: 375, 405, 429, 455, or 377.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 562

11-I DCMR § 563 HEIGHT (D-6-R)

HEIGHT (D-6-R)

563.1 The maximum permitted building height, not including the penthouse or rooftop structure, in the D-6-R zone shall be as follows:

Street Right-of-Way Width

Maximum Permitted Building Height, Not Including Penthouse or Rooftop Structure

Greater than or equal to 110 ft.

130 feet

Less than 110 ft. but greater than or equal to 100 ft.

120 feet

Less than 100 ft. but greater than or equal to 90 ft.

110 feet

Less than 90 ft.

No taller than the width of the street right of way, plus 20 feet

A building in the D-6-R zone that fronts on Pennsylvania Avenue, N.W. between 4th and 9th Streets, N.W. shall also be subject to the height regulations in Subtitle I § 608.9 governing the Pennsylvania Avenue Sub-Area.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 563

11-I DCMR § 564 FRONT BUILD-TO (D-6-R)

FRONT BUILD-TO (D-6-R)

A building in the D-6-R zone is subject to the front build-to regulations in Subtitle I § 203, unless otherwise governed by a regulation referenced in Subtitle I § 608 for the Pennsylvania Avenue Sub-Area.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 564

11-I DCMR § 565 FRONT SETBACK (D-6-R)

FRONT SETBACK (D-6-R)

A front setback shall not be required for a building in the D-6-R zone except when subject to the front setback regulations Subtitle I § 608 for a building fronting on Pennsylvania Avenue, N.W. or otherwise governed by a regulation referenced in Subtitle I § 608.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 565

11-I DCMR § 566 USES (D-6-R)

USES (D-6-R)

A building in the D-6-R zone is subject to the use regulations in Subtitle I, Chapter 3 and may generate or receive credits pursuant to Subtitle I, Chapters 8 and 9.

A building in the D-6-R zone fronting on a designated primary or secondary street segment shall be subject to the use regulations in Subtitle I § 601 and the sub-area use regulations referenced in Subtitle I §§ 562.6 (a) through (d).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 566

11-I DCMR § 567 DESIGN (D-6-R)

DESIGN (D-6-R)

A building in the D-6-R zone fronting on a designated primary or secondary street shall be subject to the design regulations in Subtitle I § 602.

A building in the D-6-R zone on a lot in the Pennsylvania Avenue Sub-Area is subject to the design requirements referenced in Subtitle I § 608.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 567

11-I DCMR § 568 PURPOSE AND OBJECTIVE (D-7)

PURPOSE AND OBJECTIVE (D-7)

The purposes of the D-7 zone are to permit high-density commercial development and, in conjunction with sub-area objectives and regulations, to reinforce Pennsylvania Avenue's unique role as a physical and symbolic link between the White House and the U.S. Capitol.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 568

11-I DCMR § 569 DENSITY - FLOOR AREA RATIO (FAR) (D-7)

DENSITY – FLOOR AREA RATIO (FAR) (D-7)

The maximum permitted density for a building in the D-7 zone shall be the density achievable within the height and bulk permitted by the zone and any applicable sub-area regulations:

All of the building’s FAR is devoted to residential use;

If all FAR exceeding the non-residential density permitted in Subtitle I § 569.3 is devoted to residential use; or

If conditions (a) or (b) are not satisfied through the employment of credits provided for by Subtitle I, Chapters 8 and 9.

Except for IZ Plus Inclusionary Developments, residential density in the D-7 zone is not subject to the Inclusionary Zoning requirements or bonuses of Subtitle C, Chapter 10.

The maximum permitted non-residential density of a building in the D-7 zone not employing credits enabled by Subtitle I, Chapters 8 and 9 shall be 10.0 FAR for a building fronting on a street with a right-of-way width of at least one hundred ten feet (110 ft.) and 8.5 FAR on a street with a right-of-way of lesser width.

A building in the D-7 zone fronting on a designated primary or secondary street shall be subject to the general primary and secondary street use-related density requirements in Subtitle I § 601and, if applicable, the following:

The Chinatown Sub-Area requirements in Subtitle I § 609 if the designated street borders Square 429;

The Downtown Retail Core Sub-Area requirements in Subtitle I § 606 if the designated street borders Square 223, 224, 225, 252, 253, 254, 288, 289, 290, 319, 320, 321, 345, 346, 347, 375, or 376; and

The Downtown Arts Sub-Area regulated by Subtitle I § 607 if the designated Street borders:

One (1) of the following Squares: 254, 290, 291, 321, 322, 342, 348, 375, 376, 378, or 379; or

Square 405 or 429 south of a line extending eastward from G Place, N.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 569

11-I DCMR § 570 HEIGHT (D-7)

HEIGHT (D-7)

570.1 The maximum permitted building height, not including the penthouse or rooftop structure, in the D-7 zone on a lot fronting on Pennsylvania Avenue, N.W. between 10th and 15th Streets, N.W. shall be one hundred sixty feet (160 ft.), subject to the Pennsylvania Avenue Sub-Area regulations in Subtitle I § 608.

570.2 The maximum permitted building height, not including the penthouse or rooftop structure, in the D-7 zone shall be one hundred-thirty feet (130 ft.) on a lot fronting on Pennsylvania Avenue, N.W. between 9th and 10th Streets, N.W. shall be hundred -thirty feet (130 ft.), subject to the Pennsylvania Avenue Sub-Area regulations in Subtitle I § 608.

The maximum permitted building height, not including the penthouse, in the D-7 zone on a lot fronting on Pennsylvania Avenue, N.W. between 9th and 10th Streets, N.W. shall be one hundred sixty feet (160 ft.), subject to a Planned Unit Development and the Pennsylvania Avenue sub-area regulations in Subtitle I § 608.

Subject to any provisions of the Pennsylvania Avenue Development Corporation General Guidelines and Uniform Standards of 1974 as amended, where applicable, the maximum permitted height of a penthouse or rooftop structure shall be twenty feet (20 ft.). The maximum permitted number of stories for penthouse habitable space shall be one (1) plus a mezzanine, except a second story shall be permitted for penthouse mechanical space.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 570

11-I DCMR § 571 FRONT BUILD-TO (D-7)

FRONT BUILD-TO (D-7)

A building in the D-7 zone is subject to the front build-to regulations in Subtitle I § 203 unless otherwise governed by a regulation referenced in Subtitle I § 608 for the Pennsylvania Avenue Sub-Area.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 571

11-I DCMR § 572 FRONT SETBACK (D-7)

FRONT SETBACK (D-7)

A front setback shall not be required for a building in the D-7 zone except when otherwise subject to the front setback regulations Subtitle I § 608 for a building fronting on Pennsylvania Avenue, N.W. or otherwise governed by a regulation referenced in Subtitle I § 608.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 572

11-I DCMR § 573 USES (D-7)

USES (D-7)

A building in the D-7 zone is subject to the use regulations in Subtitle I, Chapter 3 and may generate or receive credits pursuant to Subtitle I, Chapters 8 and 9.

A building in the D-7 zone fronting on a designated primary or secondary street segment shall be subject to the use regulations in Subtitle I § 601 and, if applicable, the sub-area use regulations referenced in Subtitle I §§ 569.4(a) through (c).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 573

11-I DCMR § 574 DESIGN (D-7)

DESIGN (D-7)

A building in the D-7 zone fronting on a designated primary or secondary street shall be subject to the design regulations in Subtitle I § 602.

A building in the D-7 zone on a lot in the Pennsylvania Avenue Sub-Area is subject to the design requirements referenced in Subtitle I § 608.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 574

11-I DCMR § 575 PURPOSE AND OBJECTIVE (D-8)

PURPOSE AND OBJECTIVE (D-8)

The purposes of the D-8 zone are to permit high-density development, to foster the transition of a federally-owned area south of the National Mall into a mixed-use area of commercial, residential, cultural, arts, retail, and service uses with both public and private ownership, and to promote greater pedestrian and vehicular connectivity with an emphasis on re-establishing connections that have been compromised by previous street closings, vacations, obstructing construction, or changes in jurisdiction.

In the D-8 zone, other than transportation-or utility-related construction, approved monuments and memorials, and permitted building projections, no structure, building or building addition may be constructed above the grade of a street right-of-way that was included in the 1791 L’Enfant Plan for the City of Washington, regardless of whether or not it has been closed by an act of the Council of the District of Columbia or its predecessor bodies or whether a building has been constructed within it, with the exception of the following rights of way:

8th Street, S.W. between Independence Avenue, S.W. and D Street, S.W.; and

D Street, S.W., between the L’Enfant Promenade/10th Street, S.W. and 12th Street, S.W.

The restrictions in Subtitle I § 575.2 may be modified by the Zoning Commission pursuant to an application for special exception approval consistent with Subtitle X, Chapter 9 and the procedures and criteria in Subtitle I § 581.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 575

11-I DCMR § 576 DENSITY - FLOOR AREA RATIO (FAR) (D-8)

DENSITY – FLOOR AREA RATIO (FAR) (D-8)

The maximum permitted density for a building in the D-8 zone shall be the density achievable within the height and bulk permitted by the zone and any applicable sub-area regulations, provided the building meets the requirements of Subtitle I § 575.2, and:

If all of the building’s FAR is devoted to residential use;

If all FAR exceeding the non-residential density permitted in Subtitle I §576.4 is devoted to residential use; or

If conditions (a) or (b) are not satisfied through the employment of credits provided for by Subtitle I, Chapters 8 and 9.

If the conditions of Subtitle I § 576.1(a) through (c) are not satisfied, a special exception from the Zoning Commission pursuant to Subtitle X, Chapter 9 and Subtitle I § 581 may be requested.

Residential density in the D-8 zone is subject to the Inclusionary Zoning requirements and bonuses of Subtitle C, Chapter 10.

The maximum permitted non-residential density for a building in the D-8 zone that meets the requirements of Subtitle I § 575.2, but does not meet the conditions in Subtitle I § 576.1, shall be 6.5 FAR, unless a greater FAR is approved by the Zoning Commission consistent with Subtitle I § 581.

For a project subject to Subtitle I § 576.1, the determination of the potential maximum gross square footage of the project shall not include the land area of:

An existing street right-of-way; or

A street right-of-way that has not been officially closed by an act of the Council of the District of Columbia or its predecessor bodies, even if a building has already been constructed in it.

A historic landmark or a contributing building in a historic district is subject to the requirements, permissions, and conditions of Subtitle I §§ 200.2 and 200.3.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 576

11-I DCMR § 577 HEIGHT (D-8)

HEIGHT (D-8)

The maximum permitted building height, not including the penthouse or rooftop structure, in the D-8 zone shall be as follows:

Street Right-of-Way Width

Maximum Permitted Building Height, Not Including Penthouse or Rooftop Structure

Greater than or equal to 110 ft.

130 feet

Less than 110 ft. but greater than or equal to 100 ft.

120 feet

Less than 100 ft. but greater than or equal to 90 ft.

110 feet

Less than 90 ft.

No taller than the width of the street right of way, plus 20 feet

The maximum permitted building height, not including the penthouse or rooftop structure, for a project that includes land within a street right-of-way that has been closed by action of the Council of the District of Columbia and that has not been incorporated into the District of Columbia official highway plan shall be one hundred ten feet (110 ft.) unless otherwise permitted by the Zoning Commission as provided for in Subtitle I § 581.

A building in the D-8 zone that fronts on Independence Avenue, S.W. between 6th Street and 12th Street, S.W. shall also be subject to the height regulations in Subtitle I § 618 governing the Independence Avenue Sub-Area and subject to Subtitle I § 581.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 577

11-I DCMR § 578 FRONT BUILD-TO (D-8)

FRONT BUILD-TO (D-8)

With the exception of a building fronting on Independence Avenue, S.W. and subject to the Independence Avenue Sub-Area regulations in Subtitle I § 618, a building in the D-8 zone is subject to the front build-to regulations in Subtitle I § 203.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 578

11-I DCMR § 579 FRONT SETBACK (D-8)

FRONT SETBACK (D-8)

A front setback shall not be required for a building in the D-8 zone except when otherwise subject to the front setback regulations Subtitle I § 618 for a building fronting on Independence Avenue, S.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 579

11-I DCMR § 580 USES (D-8)

USES (D-8)

A building meeting the requirements of Subtitle I § 575.2 is governed by the use regulations in Subtitle I, Chapter 3 and may generate or receive credits pursuant to Subtitle I, Chapters 8 and 9.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 580

11-I DCMR § 581 SPECIAL EXCEPTION

SPECIAL EXCEPTION (D-8)

All proposed uses, new buildings, and new structures, or any proposed exterior renovation to any existing buildings or structures that would result in an alteration of the existing exterior design, shall be subject to review and approval by the Zoning Commission as a special exception in accordance with the provisions of Subtitle X, Chapter 9 and Subtitle I §§ 581.2 through 581.5, and, for locations not subject to review by the Commission of Fine Arts and for locations fronting on Independence Avenue between 2nd and 12th Streets, N.W., shall be referred to the National Capital Planning Commission for review and comment.

The reviewing body shall consider whether the proposed project – including the siting, architectural design, site plant, landscaping, sidewalk treatment, and operation – will help achieve the objectives of the Maryland Avenue Small Area Plan approved June 26, 2012, and its related or successor plans. The objectives to be considered include:

Building height, mass, and siting shall respect or re-establish vistas to the U.S. Capitol, the Washington Monument, and the Smithsonian Institution’s original building;

Greater connectivity shall be achieved for pedestrians and vehicles both within the area and the adjacent area and shall be based on historic street rights-of-way, particularly including:

Maryland Avenue, S.W. and the former right-of-way of that avenue between 6th and 12th Streets, S.W.;

C Street, S.W., between 7th and 12th Streets, S.W.; and

12th Street, S.W., 11th Street, S.W., and the L’Enfant Promenade/10th Street, S.W., between Independence Avenue, S.W and D Street, S.W.;

Conflicts between vehicles and pedestrians shall be minimized;

Unarticulated blank walls adjacent to public spaces shall be minimized through facade articulation;

Ground floor retail spaces shall have a clear height of least fourteen feet (14 ft.) if adjacent to major streets;

The project shall minimize impacts on the environment, as demonstrated through the provision of an evaluation of the proposal against GAR requirements and LEED Gold certification standards; and

Architectural embellishments, penthouses, and rooftop structures, should be carefully located and designed to not compete with the architectural features of the Smithsonian Institution’s original building when viewed from its center point on the National Mall and from 10th Street, S.W.

Construction or substantial renovation of a building or structure that would include an area restricted by Subtitle I § 575.2 may be permitted only if the Zoning Commission has given approval as a special exception under Subtitle X, Chapter 9, subject to the following determinations:

The exclusion of the property, right-of-way, or former right-of-way from permanent public access, or the inclusion of the property in a private development site is integral and beneficial to the provision of transportation infrastructure or improvements within or immediately adjacent to the boundaries of the D-8 zone, with such infrastructure or improvements including, but not being not limited to: dedication and/or construction of a public street; maintenance of a street median in the zone; provision of a public easement for a pedestrian walkway within the zone that would not otherwise be required; mass transit improvements within the zone, including, but not limited to, the accommodation and/or construction of a connection to a mass transit station; and the buildings or buildings to be constructed or substantially renovated on the property are in compliance with all other applicable regulations in Subtitle I;

The Director of DDOT has determined that:

The land within an existing or historic right-of-way on which the project would be constructed has been determined to not be essential to the District’s future vehicular or pedestrian network; or

An acceptable, enforceable agreement has been executed for achieving pedestrian or vehicular connectivity in a location other than one regulated under Subtitle I § 575.2.; and

The proposed building, and any height in excess of one hundred ten feet (110 ft.), not including a penthouse or rooftop structure, would be consistent with the criteria established for review in Subtitle I § 581.3:

Contain(s) only residential uses or arts uses above the building’s ground floor, or the property has received credits under the terms of Subtitle I, Chapter 9 that would enable access to gross square footage exceeding 6.5 FAR for uses that are neither residential nor cultural; and

Is consistent with the criteria established for review in Subtitle § 581.3;

When granting approval under Subtitle I §§ 581.1, 581.2, or 581.3, the Zoning Commission shall not reduce access to bonus density for a project that has demonstrated compliance with all applicable regulations.

As part of the special exception to be considered under Subtitle I § 581, the Zoning Commission may hear and decide any additional requests for special exception or variance relief needed for the subject property. Such requests shall be advertised, heard, and decided together with the application for Zoning Commission review and approval.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 581

11-I6 LOCATION-BASED REGULATIONS FOR DOWNTOWN SUB-AREAS AND DESIGNATED STREET SEGMENTS

11-I DCMR § 600 INTRODUCTION

INTRODUCTION

This chapter contains zoning regulations intended, to assist in achieving goals established by the Comprehensive Plan, Small Area Plans, or prior versions of this subtitle for specific geographic locations within the area encompassed by the downtown zones. Each sub-area may include multiple zone districts.

In the sub-areas the general use and design regulations for D zones are supplemented by additional use or design permissions, restrictions, or requirements. These vary by the geographic sub-area locations described in Subtitle I §§ 606 through 618. The sub-area use and design regulations are applied to sites based on their adjacency to a side or sides of certain designated segments of street rights-of-way.

The objectives of designating sub-areas and street segments, requirements, and permissions are to:

Strengthen retail, arts, and other preferred uses, through the establishment of a hierarchy of primary and secondary designated streets;

Enhance pedestrian environments;

Foster the building of open spaces and neighborhood centers;

Establish principal intersections as focal points for neighborhoods;

Establish massing transitions between areas with different uses or scales; and

Create upper story setbacks through the designation of other designated street segments to protect important vistas highlighted in the Comprehensive Plan.

Designated street segments with the same classification generally have similar use and design requirements or permissions, but may also be modified by sub-area requirements as generally summarized below:

Designated primary street segments of Figure I § 601(a): Illustration of Designated Primary Street Segments generally have the most intensive use and design requirements, including strict regulations governing vehicular entrance openings;

Designated secondary street segments of Figure I § 601(b): Illustration of Designated Secondary Street Segments have similar use regulations as primary street segments, but often with less FAR requirements for certain uses, and less restrictive regulations governing ground floor heights and vehicular entrances/exits facing onto a designated secondary street; and

Designated tertiary street segments of Figure I § 603.1: Illustration of Designated Tertiary Street Segments are generally regulated for upper story setbacks and are detailed within the regulations for individual sub-areas. Sub-area regulations begin in Subtitle I § 606.

If a lot faces more than one (1) designated street segment, each frontage is governed by the corresponding regulations for that designated street segment.

For a structure with frontage on a designated primary, secondary, or other street segment listed in this chapter, an applicant for a building permit or a certificate of occupancy involving ten thousand square feet (10,000 sq. ft.) or more shall provide a copy of the application, or those portions of the application affected by the D zone provisions, to the Director of the Office of Planning at the time of filing with the Zoning Administrator. The Director shall, within ten (10) business days of the filing, provide the Zoning Administrator with a memorandum setting forth the Office of Planning’s interpretation of the application’s compliance with the regulations of the relevant D zones.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 600

11-I DCMR § 601 GENERAL USE REQUIREMENTS FOR BUILDINGS ON PRIMARY AND SECONDARY DESIGNATED STREET SEGMENTS

GENERAL USE REQUIREMENTS FOR BUILDINGS ON PRIMARY AND SECONDARY DESIGNATED STREET SEGMENTS

FIGURE I § 601(a): ILLUSTRATION OF DESIGNATED PRIMARY STREET SEGMENTS

FIGURE I § 601(b): ILLUSTRATION OF DESIGNATED SECONDARY STREET SEGMENTS

The use requirements in Subtitle I § 601 shall apply to a building or structure on a lot with frontage on a designated primary or a secondary street segment unless otherwise modified within this section or by the use requirements for a designated street segment in a particular sub-area.

A building or structure with frontage on a primary or a secondary designated street segment shall, unless otherwise modified within this section or by the use requirements for a designated street segment in a particular sub-area:

Devote not less than fifty percent (50%) of the ground floor gross floor area to one (1) or more of the following use categories:

Retail;

Entertainment, assembly, and performing arts;

Eating and drinking establishments;

Arts, design, and creation; or

Services, including both general and financial services;

(b) Devote no more than twenty percent (20%) of the ground floor gross floor area uses required in Subtitle I § 601.2(a) to services (financial), fast food establishment, travel, or ticket offices; and

(c) Devote one hundred percent (100%) of the building's street frontage along the primary designated street segment to required uses identified in Subtitle I § 601.2(a) except for space required for fire control or devoted to building entrances for pedestrians, or for vehicular parking and loading entrances that are:

Permitted by Subtitle I § 610.4 within the Massachusetts Avenue and Mount Vernon Square Sub-Area;

Required by DDOT; or

Permitted by the Board of Zoning Adjustment by special exception evaluated according to Subtitle I § 601.2(a).

The requirements of Subtitle I § 601.2 shall not apply to buildings devoted entirely to residential uses, theaters, or places of worship.

The net leasable area occupied by the uses required on primary or secondary designated street segments, or uses generating credits pursuant to Subtitle I, Chapter 8, shall be no less than eighty percent (80%) of the gross floor area allocated to these uses.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 601

11-I DCMR § 602 GENERAL DESIGN REQUIREMENTS FOR BUILDINGS ON PRIMARY AND SECONDARY DESIGNATED STREET SEGMENTS

GENERAL DESIGN REQUIREMENTS FOR BUILDINGS ON PRIMARY AND SECONDARY DESIGNATED STREET SEGMENTS

With the exception of buildings devoted entirely to residential uses, or to theaters, historically designated buildings, or places of worship, the following design requirements shall apply to the portion of a building or structure with frontage on a primary or secondary designated street segment unless otherwise modified by the design requirements of this section or the requirements for a designated street segment in a sub-area:

The ground floor shall have a minimum clear height of fourteen feet (14 ft.) for a continuous depth of at least thirty-six feet (36 ft.) from the building line on a designated primary, but not a designated secondary, street segment;

The ground story shall devote at least fifty percent (50%) of the surface area facing a designated primary or secondary street segment to display windows or pedestrian entrances having clear low-emissivity glass, and ensure that the view through the display windows and pedestrian entrances is not blocked for at least ten feet (10 ft.) in from the building face; and

Ground floor pedestrian entrances, or areas where a future ground floor entrance could be installed without structural changes, shall be located no more than an average distance of forty feet (40 ft.) apart on the façade facing the designated primary or secondary street segment. In no case shall there be less than one (1) door.

No vehicular garage or loading entrance or exit shall be permitted in the portions of façades adjacent to a designated primary street, unless it is:

On a designated primary street segment listed in the Mount Vernon Triangle Sub-Area pursuant to Subtitle I § 611, for which vehicular garage or loading entrances and exits are governed by Subtitle I §§ 611.6 through 611.10;

Required by DDOT; or

Permitted by the Board of Zoning Adjustment as a special exception evaluated by the criteria in Subtitle I § 602.3.

Exceptions from the prohibitions and limitations of Subtitle I § 602.2 shall be permitted if granted by the Board of Zoning Adjustment as a special exception, provided the applicant demonstrates that:

There is no practical alternative means of serving the parking, loading, or drop-off needs of the building to be served by the proposed driveway, such as signage approved by DDOT, that would direct vehicles to an alternative entrance point within the same square;

The vehicular entrance will not impede the flow of pedestrian traffic on designated primary street frontage; and

Exceptions from the prohibitions and limitations of Subtitle I § 602.1(a) shall be permitted for structures existing prior to the effective date of this title if the Zoning Administrator determines that the slab-to-slab height of the existing structure’s first or second floor would have to be structurally altered in order to meet the requirement.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 602

11-I DCMR § 603 BUILDINGS ON DESIGNATED TERTIARY STREETS: GENERAL USE AND DESIGN

BUILDINGS ON DESIGNATED TERTIARY STREETS: GENERAL USE AND DESIGN REQUIREMENTS

Figure I § 603.1 illustrates the designated tertiary street segments:

FIGURE I § 603.1: ILLUSTRATION OF DESIGNATED TERTIARY STREET SEGMENTS

There are no use regulations specific to frontage on any designated tertiary street segment, with the following exceptions:

A building with frontage on the south side of the 600 block of Massachusetts Avenue, N.W. is also subject to the designated secondary street segment use regulations in Subtitle I § 601 and in the Chinatown Sub-Area in Subtitle I § 609; or

A building with frontage on the north side of the 500 or 600 block of Massachusetts Avenue, N.W. is also subject to the designated secondary street segment use regulations in Subtitle I § 601 and the design regulations in the Mount Vernon Triangle Sub-Area in Subtitle I § 611,

Modifications to dimensional requirements for designated tertiary street segments are located in the regulations for the following sub-areas:

The Capitol Security Sub-Area in Subtitle I § 605;

The Massachusetts Avenue Corridor and Mount Vernon Square Sub-Area in Subtitle I § 610;

The Mount Vernon Triangle Sub-Area in Subtitle I § 611 for the north side of the 500 and 600 blocks of Massachusetts Avenue, N.W.;

The Blagden Alley Residential Transition Area Sub-Area in Subtitle I § 613 for the south side of the 900 block of M Street, N.W.;

The South Capitol and M Streets Sub-Area in Subtitle I § 616; and

The North Capitol Street Sub-Area in Subtitle I § 617.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 603

11-I DCMR § 604 GEOGRAPHIC SUB-AREAS IN DOWNTOWN

GEOGRAPHIC SUB-AREAS IN DOWNTOWN

The following table lists the geographic sub-areas of downtown and their corresponding sections:

TABLE I § 604: GEOGRAPHIC SUB-AREAS OF DOWNTOWN AND SECTION REFERENCE

Sub-Areas of Downtown

Section

Capitol Security

Subtitle I § 605

Downtown Retail Core

Subtitle I § 606

Downtown Arts

Subtitle I § 607

Pennsylvania Avenue

Subtitle I § 608

Chinatown

Subtitle I § 609

Massachusetts Avenue Corridor and Mt. Vernon Square

Subtitle I § 610

Mount Vernon Triangle (MVT)

Subtitle I § 611

Mount Vernon Triangle Principal Intersection Area (MVT/PIA)

Subtitle I § 612

Blagden Alley Residential Transition Area

Subtitle I § 613

Lower Connecticut Avenue Corridor

Subtitle I § 614

North of Massachusetts Avenue (NoMA) Corridor

Subtitle I § 615

South Capitol and M Streets

Subtitle I § 616

North Capitol Street

Subtitle I § 617

Independence Avenue, S.W.

Subtitle I § 618

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 604

11-I DCMR § 605 CAPITOL SECURITY SUB-AREA

CAPITOL SECURITY SUB-AREA

The objectives of the Capitol Security Sub-Area are to protect public safety and the security of those using the properties within the U.S. Capitol complex and associated office buildings and libraries.

The general location of the Capitol Security Sub-Area is the area adjacent to the northwest and southwest perimeter of the U.S. Capitol grounds, including all of Squares 625, 626, 628, 630, 631 574, 577, 579, 581, 582, 640, and 641, as outlined in Figure I § 605: Illustration of Capitol Security Sub-Area and Designated Street Segments. Review of this sub-area is required by the Architect of the Capitol or the Capitol Police.

The designated street segments are as generally indicated with green lines in Figure I § 605: Illustration of Capitol Security Sub-Area and Designated Street Segments and are detailed in Subtitle I § 605.4.

FIGURE I § 605: ILLUSTRATION OF CAPITOL SECURITY SUB-AREA AND DESIGNATED STREET SEGMENTS

The Capitol Security Sub-Area includes the following designated street segments and adjacent zoning:

TABLE I § 605.4: CAPITOL SECURITY SUB-AREA DESIGNATED STREET SEGMENTS AND ADJACENT ZONING

Designated Street

Side of Street

Adjacent Zone

Segment Boundary 1 (northern or eastern)

Segment Boundary 2 (southern or western)

Segment Classification

G St., N.W.

South

D-3

North Capitol St., N.W.

New Jersey Ave., N.W.

Tertiary

Massachusetts Ave., N.W.

North

D-3

North Capitol St., N.W.

New Jersey Ave., N.W.

Tertiary

Massachusetts Ave., N.W.

North

D-3

North Capitol St., N.W.

G St., N.W.

Tertiary

F St., N.W.

Both

D-3

North Capitol St., N.W.

New Jersey Ave., N.W.

Tertiary

E St., N.W.

Both

D-3

North Capitol St., N.W.

New Jersey Ave., N.W.

Tertiary

D St., N.W.

North

D-3

North Capitol St., N.W.

New Jersey Ave., N.W.

Tertiary

C St., N.W.

North

D-3

New Jersey Ave., N.W.

1st St., N.W.

Tertiary

C St., N.W.

South

D-3

1st St., N.W.

2nd St., N.W.

Tertiary

Constitution Ave., N.W.

North

D-3

1st St., N.W.

2nd St., N.W.

Tertiary

Independence Ave., S.W.

South

D-4

2nd St., S.W.

3rd St., S.W.

Tertiary

C St., S.W.

Both

D-4

2nd St. S.W.

3rd St., S.W.

Tertiary

C St., S.W.

South

D-4

Washington Ave., N.W.

2nd St., S.W.

Tertiary

D St., S.W.

Both

D-4

2nd St., S.W.

3rd St., S.W.

Tertiary

Virginia Ave., S.W.

North

D-4

2nd St., S.W.

3rd St., S.W.

Tertiary

Virginia Ave., S.W.

North

D-4

South Capitol St., S.W.

2nd St., S.W.

Tertiary

E St., S.W.

Both

D-4

South Capitol St., S.W.

1st St., S.W.

Tertiary

Washington Ave., S.W.

South

D-4

Independence Ave., S.W.

South Capitol St., S.W.

Tertiary

North Capitol St., N.W.

West

D-3

G St., N.W.

D St., N.W.

Tertiary

South Capitol St., S.W.

West

D-4

Washington Ave., S.W.

Virginia Ave.,/ I-395, S.W.

Tertiary

New Jersey Ave., N.W.

East

D-3

G St., N.W.

D St., N.W.

Tertiary

1st St., N.W.

East

D-3

D St., N.W.

C St., N.W.

Tertiary

1st St., N.W.

West

D-3

C St., N.W.

Constitution Ave., N.W.

Tertiary

1st St., S.W./I-395 ramps

Both

D-4

D St., S.W.

Virginia Ave., S.W.

Tertiary

2nd St., N.W.

East

D-3

C St., N.W.

Constitution Ave., S.W.

Tertiary

2nd St., S.W.

West

D-4

Independence Ave., S.W.

D St., S.W.

Tertiary

2nd St., S.W.

Both

D-4

D St., S.W.

E St., S.W.

Tertiary

3rd St., S.W.

East

D-4

Independence Ave., S.W.

Virginia Ave., S.W.

Tertiary

Within the Capitol Security Sub-Area, the use regulations of the zone shall govern.

In the Capitol Security Sub-Area, a proposed new structure or existing structure proposed for substantial renovation shall be considered as a special exception consistent with Subtitle X, Chapter 9 and the criteria in Subtitle I §§ 605.7 through 605.10, if:

The lot has frontage on a designated street segment in the sub-area and the building has a proposed or existing height of ninety feet (90 ft.) or more; and

It is of any height and includes roof decks, terraces, or balconies.

In an application for a special exception subject to this section, the Board of Zoning Adjustment shall also consider whether the proposed development is:

Compatible with the present and proposed development of the neighborhood;

Consistent with the goals and mandates of the United States Congress in Title V of the Legislative Branch Appropriation Act, 1976 (Master Plan for Future Development of the Capitol Grounds and Related Areas), approved July 25, 1975 (Pub. L. No. 94-59, 89 Stat. 288); and

Does not present a security risk to the grounds under the authority of the Architect of the Capitol.

Upon receipt of the application, the Board of Zoning Adjustment shall submit the application to the Architect of the Capitol for review and report.

Upon receipt of the application, the Board of Zoning Adjustment shall submit the application to the Office of Planning for coordination, review, report, and impact assessment, along with reviews in writing of all relevant District departments and agencies including the Departments of Transportation, Housing and Community Development, and, if a historic district or historic landmark is involved, the Historic Preservation Office.

The Board of Zoning Adjustment may require special treatment and impose reasonable conditions as it deems necessary to mitigate any adverse impacts identified in the consideration of the application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 605

11-I DCMR § 606 DOWNTOWN RETAIL CORE SUB-AREA

DOWNTOWN RETAIL CORE SUB-AREA

The objectives of the Downtown Retail Core Sub-Area are to create the highest concentrations of retail, arts, and street-activating uses within the D zones, to achieve continuous provision of these uses, employ design standards that ensure buildings reinforce and activate pedestrian areas through continuous street frontages, generous display windows, frequent pedestrian entrances, and designated street-facing entrances for parking and loading only when necessary.

The general location of the retail core is between 9th and 15th streets, N.W., between E and H Streets, N.W., including Squares 223, 224, 225, 252, 253, 254, 288, 289, 290, 319, 320, 321, 345, 346, 347, 375, 376, and 377, as outlined in in Figure I § 606: Illustration of the Downtown Retail Core Sub-Area and Designated Street Segments.

The designated street segments are as generally indicated with red or blue lines in Figure I § 606: Illustration of the Downtown Retail Core Sub-Area and Designated Street Segments, and are detailed in Subtitle I § 606.4:

FIGURE I § 606: ILLUSTRATION OF THE DOWNTOWN RETAIL CORE SUB-AREA AND DESIGNATED STREET SEGMENTS

The Downtown Retail Core Sub-Area includes the following designated street segments and adjacent zoning:

TABLE I § 606.4: DOWNTOWN RETAIL CORE SUB-AREA DESIGNATED STREET SEGMENTS AND ADJACENT ZONING

Designated Street

Side of Street

Adjacent Zone

Segment Boundary 1 (northern or eastern)

Segment Boundary 2 (southern or western)

Segment Classification

9th St., N.W.

West

D-6

H St., N.W.

E St., N.W.

Secondary

10th St., N.W.

Both

D-6

H St., N.W.

F St., N.W.

Secondary

10th St., N.W.

Both

D-6

F St., N.W.

E St., N.W.

Primary

11th St., N.W.

Both

D-6

H St., N.W.

E St., N.W.

Secondary

12th St., N.W.

Both

D-6

H St., N.W.

E St., N.W.

Secondary

13th St., N.W.

Both

D-6, D-7

H St., N.W.

E St., N.W.

Secondary

14th St., N.W.

Both

D-6, D-7

New York Ave., N.W.

E St. / Pennsylvania Ave., N.W.

Secondary

15th St., N.W.

East

D-6, D-7

New York Ave., N.W.

Pennsylvania Ave., N.W.

Secondary

Pennsylvania Ave., N.W. (including E Street)

North

D-7

13th St., N.W.

15th St., N.W.

Primary

E St., N.W.

North

D-6, D-6-R

9th St., N.W.

13th St., N.W.

Secondary

F St, N.W.

Both

D-6, D-7

9th St., N.W.

15th St., N.W.

Primary

G St., N.W.

Both

D-6

9th St., N.W.

15th St., N.W.

Primary

H St., N.W.

South

D-6

9th St., N.W.

New York Ave., N.W.

Secondary

New York Ave., N.W.

South

D-6

13th St., N.W.

15th St., N.W.

Secondary

A building with frontage on a designated primary or secondary street segment is subject to the general use regulations in Subtitle I § 601, unless otherwise noted in this section or subtitle.

If a building has frontage on one (1) of the following streets, fifty percent (50%) of the use requirements shall be met by the provision of arts uses or entertainment, assembly, and performing arts uses, as defined in Subtitle B:

The north side of E Street, N.W. between 10th and 13th Streets, N.W.;

The north side of Pennsylvania Avenue, N.W. (including E Street, N.W.) between 13th and 14th Streets, N.W.;

The south side of F Street, N.W. between 10th and 14th Streets, N.W.;

The north and south side of G Street, N.W. between 9th and 10th Streets, N.W.;

The west side of 9th Street, N.W. between E and F Streets, N.W.;

The east and west sides of 11th, 12th, and 13th Street, N.W. between E and F Streets, N.W.; and

The east side of 14th Street, N.W. between E and F Streets, N.W.

A building with frontage on Pennsylvania Avenue, N.W. is subject to the height regulations of Subtitle I §§ 608.9 and 608.10.

A building located on Square 225 or 254 is also subject to the Pennsylvania Avenue Development Corporation (PADC) Plan of 1974, as amended.

A building with frontage on a designated primary or secondary street segment shall also be subject to Subtitle I § 608.10.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 606

11-I DCMR § 607 DOWNTOWN ARTS SUB-AREA

DOWNTOWN ARTS SUB-AREA

The objectives of the Downtown Arts Sub-Area are to create strong arts and-entertainment corridors including a spine of theaters, movie theaters, restaurants, nightclubs, and arts-related retail uses along E Street from 6th to 14th Street, N.W.; and a pedestrian-oriented concentration of museums, art galleries, other performing or visual arts uses, and festive retail-entertainment uses along 7th Street from Pennsylvania Avenue to north of G Street.

The general location of the Downtown Arts sub-area is between 6th and 14th Streets, N.W. between Pennsylvania Avenue, N.W. and G Place, N.W., including all or parts of Squares 254, 290, 291, 321, 322, 347, 348, 375, 376, 377, 405, 406, 407, 408, 429, 431, 455, 456, 457, 458, and 459 as outlined in Figure I § 607: Illustration of the Downtown Arts Sub-Area and Designated Street Segments.

The designated street segments are as generally indicated with red or blue lines in Figure I § 607: Illustration of the Downtown Arts Sub-Area and Designated Street Segments and detailed in Subtitle I § 607.4.

FIGURE I § 607: ILLUSTRATION OF THE DOWNTOWN ARTS SUB-AREA AND DESIGNATED STREET SEGMENTS

The Downtown Arts Sub-Area includes the following designated street segments and adjacent zoning.

TABLE I § 607.4: DOWNTOWN ARTS SUB-AREA DESIGNATED STREET SEGMENTS AND ADJACENT ZONING

Designated Street

Side of Street

Adjacent Zone

Segment Boundary 1 (northern or eastern)

Segment Boundary 2 (southern or western)

Segment Classification

6th St., N.W.

West

D-6-R

A line extending eastward from G Pl., N.W.

Pennsylvania Ave., N.W.

Secondary

7th St., N.W.

West

D-7

G Pl., N.W.

G St., N.W.

Primary

7th St., N.W.

East

D-6-R

G Pl., N.W.

E St., N.W.

Primary

7th St., N.W.

Both

D-6-R

E St., N.W.

Pennsylvania Ave., N.W.

Primary

8th St., N.W.

Both

D-6

A line extending eastward from G Pl., N.W.

G St., N.W.

Secondary

8th St., N.W.

West

D-6-R

F St., N.W.

E St., N.W.

Secondary

8th St., N.W.

Both

D-6-R

E St., N.W.

Pennsylvania Ave., N.W.

Secondary

9th St., N.W.

Both

D-7

A line extending eastward from G Pl., N.W.

G St., N.W.

Secondary

9th St., N.W.

West

D-7

F St., N.W.

E St., N.W.

Secondary

9th St., N.W.

East

D-6-R

F St., N.W.

Pennsylvania Ave., N.W.

Secondary

9th St., N.W.

West

D-7

F St. N.W.

Pennsylvania Ave., N.W.

Secondary

10th St., N.W.

East

D-7

G Pl., N.W.

F St., N.W.

Secondary

10th St., N.W.

Both

D-7

F St., N.W.

E St., N.W.

Primary

10th St., N.W.

Both

D-7

E St., N.W.

Pennsylvania Ave., N.W.

Secondary

11th St., N.W.

Both

D-7

F St., N.W.

Pennsylvania Ave., N.W.

Secondary

12th St., N.W.

Both

D-7

F St., N.W.

Pennsylvania Ave., N.W.

Secondary

13th St., N.W.

Both

D-7

F St., N.W.

Pennsylvania Ave., N.W.

Secondary

14th St., N.W.

East

D-7

F St., N.W.

E St., N.W.

Secondary

G St., N.W.

North

D-6

7th St., N.W.

9th St., N.W.

Primary

G St., N.W.

Both

D-6-R

9th St., N.W.

10th St., N.W.

Primary

F St., N.W.

Both

D-6-R

6th St., N.W.

7th St., N.W.

Secondary

F St., N.W.

South

D-6-R

8th St., N.W.

9th St., N.W.

Primary

F St., N.W.

North

D-7

9th St., N.W.

10th St., N.W.

Primary

F St., N.W.

South

D-6-R

9th St., N.W.

10th St., N.W.

Primary

F St., N.W.

South

D-7

10th St., N.W.

14th St., N.W.

Primary

E St., N.W.

Both

D-6-R

6th St., N.W.

7th St., N.W.

Secondary

E St., N.W.

South

D-6-R

7th St., N.W.

8th St., N.W.

Secondary

E St., N.W.

Both

D-6-R

8th St., N.W.

9th St., N.W.

Secondary

E St., N.W.

North

D-6-R

9th St., N.W.

10th St., N.W.

Secondary

E St., N.W.

South

D-7

10th St., N.W.

13th St., N.W.

Secondary

E St., N.W.

Both

D-7

9th St., N.W.

10th St., N.W.

Secondary

E St., N.W.

North

D-7

13th St., N.W.

14th St., N.W.

Primary

D St., N.W.

Both

D-6-R

6th St., N.W.

9th St., N.W.

Secondary

Indiana Ave., N.W.

Both

D-6-R

6th St., N.W.

7th St., N.W.

Primary

Pennsylvania Ave., N.W.

North

D-6-R

D-7

6th St., N.W.

9th St., N.W.

14th St., N.W.

Primary

Arts uses shall comprise the arts uses listed in Subtitle U, § 700.5.

A building or structure on a lot with frontage on a designated primary street segment in the Downtown Arts Sub-Area shall provide the following, either on-site or by securing arts credits pursuant to Subtitle I, Chapters 8 and 9:

At least 1.0 FAR or floor area equivalent ratio (FAER), as defined in Subtitle I § 607.15, of arts uses; and

Of this amount at least 0.25 FAR or FAER shall be devoted to one (1) or more arts uses listed in Subtitle U §§ 700.2(a) through (d) and (g) through (j).

The following actions count, cumulatively, towards meeting the use and FAR or FAER requirements of Subtitle I § 607.6(a), but shall not count towards meeting the requirements of Subtitle I § 607.6(b):

Providing either on-site or by obtaining arts credits pursuant to Subtitle I, Chapters 8 and 9, between 0.5 and 1.0 FAR or FAER of arts uses;

Providing, either on-site or by obtaining residential credits pursuant to Subtitle I § 803, at least 1.5 more residential FAR than is required by this chapter and devoting at least 0.25 FAR or FAER equivalent to the arts uses listed in Subtitle I § 607.6(b); and

Providing an arts exhibition area that:

Comprises at least twenty percent (20%) of the FAR required by Subtitle I § 607.7(b);

Is open to the public at least five (5) days a week for fifty (50) weeks per year;

Accommodates permanent art installations in no more than twenty percent (20%) of the space required by Subtitle I § 607.6(a); and

Changes the installation of the art at least four (4) times a year in the eighty percent (80%) of the space not-permitted permanent installations, and has each of the different installations professionally curated.

The gross floor area of a cellar devoted to the uses required by this section shall count towards the minimum requirement without affecting the permitted maximum bulk of the building, and shall count towards the generation of credits provided for by Subtitle I, Chapter 8.

The requirements of this section shall not apply to historic landmarks or buildings where the primary use is religious worship.

If a building in Square 254, 290, 321, 347, 375, 376, or 377 has frontage on one (1) of the following designated street segments, up to, but not including, fifty percent (50%) of the FAR or FAER for uses required by Subtitle I § 607.6 shall be met by the retail core uses required by Subtitle I §§ 606.5:

The north side of E Street, N.W. between 10th and 13th Streets, N.W.;

The north side of Pennsylvania Avenue, N.W. (including E Street, N.W.) between 13th and 14th Streets, N.W.;

The south side of F Street, N.W. between 10th and 14th Streets, N.W.;

The north and south side of G Street, N.W. between 9th and 10th Streets, N.W.;

The west side of 9th Street, N.W. between E and F Streets, N.W.;

The east and west sides of 11th, 12th, and 13th Street, N.W. between E and F Streets, N.W.; or

The east side of 14th Street, N.W. between E and F Streets, N.W.

A building with no more than six (6) above-grade floors on a lot not exceeding five thousand square feet (5,000 sq. ft.) shall provide at least 0.75 FAR or FAER of retail, arts, eating and drinking, or service uses.

A building with frontage on Pennsylvania Avenue, N.W., is subject to the height regulations of Subtitle I §§ 608.9 and 608.10.

A building within Square 254, 291, 322, 348, 378, 379, 406, 407, 408, 431, 457, 458, or 459 is also subject to Subtitle I § 608.10.

A building with frontage on a designated primary or secondary street segment shall be subject to the design regulations of Subtitle I § 602.

Floor area equivalent is defined, for the purposes this section, as the amount of floor area that a volume occupies, with the first fourteen (14 ft.) of clear height in a volume counting as one (1) floor and each ten feet (10 ft.) of additional clear height within that volume counting as a floor.

FAER is a numerical figure that expresses the total gross floor area of a volume as a multiple of the area of the lot. It is determined by dividing the total of the gross floor area and floor area equivalent of the building(s) on a lot by the area of the lot.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 8596 (September 1, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 607

11-I DCMR § 608 St., N.W.

PENNSYLVANIA AVENUE SUB-AREA

The objectives of the Pennsylvania Avenue Sub-Area are to maintain Pennsylvania Avenue as a mixed-use monumental but lively street with additional height on its north side and active ground floor uses to bridge the downtown with the National Mall and the monumental core.

The general location area is the north side of Pennsylvania Avenue, N.W. and between one (1) and three (3) blocks north, between 3rd and 15th Streets, N.W. incorporating the areas, within the boundaries of the Pennsylvania Avenue Development Corporation (PADC) Plan (1974, as amended), including all or parts of squares from 6th through 14th streets, N.W., between Pennsylvania Avenue, N.W. and G Place, N.W., including Squares 225, 254, 291, 322, 348, 378, 379, 406, 407, 408, 430, 431, 432S, 457, 458, 459, 460, 491, and 533S, as outlined in Figure I § 608: Illustration of the Pennsylvania Avenue Sub-Area and Designated Street Segments.

The designated street segments are as generally indicated with red, blue, and green lines in Figure I § 608: Illustration of the Pennsylvania Avenue Sub-Area and Designated Street Segments and detailed in Subtitle I § 608.4.

FIGURE I § 608: ILLUSTRATION OF THE PENNSYLVANIA AVENUE SUB-AREA AND DESIGNATED STREET SEGMENTS

The Pennsylvania Avenue Sub-Area includes the following designated street segments and adjacent zoning:

TABLE I § 608.4: PENNSYLVANIA AVENUE SUB-AREA DESIGNATED STREET SEGMENTS AND ADJACENT ZONING

Designated Street

Side of Street

Adjacent Zone

Segment Boundary 1 (northern or eastern)

Segment Boundary 2 (southern or western)

Segment Classification

West

D-4

C St., N.W.

Pennsylvania Ave., N.W.

n/a

6th St., N.W.

East

D-6-R

C St., N.W.

Pennsylvania Ave., N.W.

n/a

6th St., N.W.

West

D-6-R

E St., N.W.

Pennsylvania Ave., N.W.

Secondary

7th St., N.W.

East

D-6-R

F St., N.W.

E St., N.W.

Primary

7th St., N.W.

Both

D-6-R

E St., N.W.

Pennsylvania Ave., N.W.

Primary

8th St., N.W.

West

D-6-R

F St. N.W.

E St., N.W.

Secondary;

(Also in Downtown Arts Sub-Area)

8th St., N.W.

East

D-7

F St. N.W.

E St., N.W.

Not Designated

8th St., N.W.

Both

D-6-R

E St. N.W.

Pennsylvania Ave., N.W.

Secondary;

(Also in Downtown Arts Sub-Area)

9th St., N.W.

East

D-6-R

F St. N.W.

Pennsylvania Ave., N.W.

Secondary;

(Also in Downtown Arts Sub-Area)

9th St., N.W.

West

D-6

F St. N.W.

E St., N.W.

Secondary;

(Also in Downtown Arts & Retail Sub-Areas)

9th St., N.W.

West

D-7

E St., N.W.

Pennsylvania Ave., N.W.

Secondary;

(Also in Downtown Arts Sub-Area)

10th St., N.W.

Both

D-7

E St. N.W.

Pennsylvania Ave., N.W.

Secondary;

(Also in Downtown Arts Sub-Area)

11th St., N.W.

Both

D-7

E St. N.W.

Pennsylvania Ave., N.W.

Secondary;

(Also in Downtown Arts Sub-Area)

12th St., N.W.

Both

D-7

E St., N.W.

Pennsylvania Ave., N.W.

Secondary;

(Also in Downtown Arts Sub-Area)

13th St., N.W.

Both

D-7

E St., N.W.

Pennsylvania Ave., N.W.

Secondary

(Also in Downtown Arts & Retail Sub-Areas)

13th St., N.W.

West

D-7

E St., N.W.

F St., N.W.

Secondary

(Also in Downtown Arts & Retail Sub-Areas)

14th St., N.W.

West

D-7

F St., N.W.

Pennsylvania Ave., N.W.

Secondary

(Also in Downtown Arts & Retail Sub-Areas)

14th St., N.W.

West

D-7

F St., N.W.

Pennsylvania Ave., N.W.

Secondary

(Also in Downtown Retail Sub-Area)

15th St., N.W.

East

D-7

F St., N.W.

Pennsylvania Ave., N.W.

Secondary

(Also in Downtown Retail Sub-Area)

F St. N.W.

South

D-7

7th St., N.W.

8th St., N.W.

Primary

F St., N.W.

South

D-6-R

8th St., N.W.

9th St., N.W.

Primary;

(Also in Downtown Arts Sub-Area)

F St. ,N.W.

South

D-7

13th St., N.W.

14th St., N.W.

Primary

(Also in Downtown Arts & Retail Sub-Areas)

F St., N.W.

South

D-7

14th St., N.W.

15th St., N.W.

Primary

(Also in Downtown Retail Sub-Area)

E St., N.W.

South

D-6-R

6th St., N.W.

7th St., N.W.

Secondary

(Also in Downtown Arts Sub-Area)

E St., N.W.

South

D-6-R

7th St., N.W.

8th St., N.W.

Secondary;

(Also in Downtown Arts Sub-Area)

E St., N.W.

North

D-6-R

7th St., N.W.

8th St., N.W.

Not Designated

E St., N.W.

Both

D-6-R

8th St., N.W.

9th St., N.W.

Secondary;

(Also in Downtown Arts Sub-Area)

E St., N.W.

South

D-7

9th St., N.W.

13th St., N.W.

Secondary;

(Also in Downtown Arts Sub-Area)

D St., N.W.

Both

D-6-R

6th St., N.W.

9th St., N.W.

Secondary

C St., N.W.

Both

D-4

3rd St., N.W.

4th St., N.W.

Not Designated

C St., N.W.

North

D-4

3rd St., N.W.

4th St., N.W.

Not Designated

C St., N.W.

South

D-7

4th St., N.W.

5th St., N.W.

Not Designated

Indiana Ave., N.W.

Both

D-6-R

6th St., N.W.

7th St., N.W.

Primary

Pennsylvania Ave., N.W.

North

D-4

3rd St., N.W.

5th St., N.W.

Tertiary

Pennsylvania Ave., N.W.

North

D-6-R

5th St., N.W.

6th St., N.W.

Primary

Pennsylvania Ave., N.W.

North

D-6-R

6th St., N.W.

9th St., N.W.

Primary

Pennsylvania Ave., N.W.

North

D-6

9th St., N.W.

10th St., N.W.

Primary;

(Also in Downtown Arts Sub-Area)

Pennsylvania Ave., N.W.

(including E St., N.W.)

North

D-7

10th St., N.W.

13th St., N.W.

Primary;

(Also in Downtown Arts Sub-Area)

Pennsylvania Ave., N.W.

(including E St., N.W.)

North

D-7

13th St., N.W.

14th St., N.W.

Primary

(Also in Downtown Arts & Retail Sub-Areas

Pennsylvania Ave., N.W.

(including E St., N.W.)

North

D-7

14th St., N.W.

15th St., N.W.

Primary;

(Also in Downtown Arts Sub-Area)

Buildings with frontage on designated primary or secondary street segments in this sub-area are subject to the use regulations of Subtitle I § 601.

Buildings in Squares 254, 291, 322, 347, and 378 are subject to the use regulations of the Downtown Arts Sub-Area in Subtitle I § 607.

Buildings in Squares 225 and 254, are subject to the use regulations of the Downtown Retail Sub-Area in Subtitle I § 606.

Buildings with frontage on primary or secondary designated street segments in this sub-area are subject to the design regulations in Subtitle I § 602.

The height of the building or structure fronting on Pennsylvania Avenue shall be measured from the Pennsylvania Avenue curb at the middle of the front of the building or other structure to the highest point of the roof or parapet exclusive of any structure on the roof.

A building within the Pennsylvania Avenue sub-area is also governed by the Pennsylvania Avenue Development Corporation (PADC) Plan of 1974, as implemented by the Pennsylvania Avenue Development Corporation General Guidelines and Uniform Standards 36 C.F.R. §§ 910.1 et seq.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 608

11-I DCMR § 609 CHINATOWN SUB-AREA

CHINATOWN SUB-AREA

The objectives of the Chinatown Sub-Area are to protect and enhance downtown's only ethnic cultural area by maintaining and expanding the existing concentration of retail uses emphasizing Chinese or Asian cultural and community facilities, as well as merchandise and related wholesale operations serving residents, visitors, tourists, and business travelers.

The general location of the Chinatown Sub-Area is from 5th to 8th Streets, N.W., between Massachusetts Avenue and H Street, N.W., including all or parts of Squares 425, 428, 429, and 454, as in Figure I § 609: Illustration of the Chinatown Sub-Area and Designated Street Segments.

The designated street segments are as generally indicated with red or blue lines in Figure I § 609: Illustration of the Chinatown Sub-Area and Designated Street Segments and detailed in Subtitle I § 609.4.

FIGURE I § 609: ILLUSTRATION OF THE CHINATOWN SUB-AREA AND DESIGNATED STREET SEGMENTS

The Chinatown Sub-Area includes the following designated street segments and adjacent zoning:

TABLE I § 609.4: CHINATOWN SUB-AREA DESIGNATED STREET SEGMENTS AND ADJACENT ZONING

Designated Street

Side of Street

Adjacent Zone

Segment Boundary 1 (northern or eastern)

Segment Boundary 2 (southern or western)

Segment Classification

5th St., N.W.

West

D-1-R

D-4-R

I St., N.W.

G St., N.W.

Secondary

6th St., N.W.

West

D-5-R

Massachusetts Ave., N.W.

I St., N.W.

Secondary

6th St., N.W.

Both

D-1-R

D-5-R

I St., N.W.

H St., N.W.

Secondary

6th St., N.W.

Both

D-1-R

D-5-R

H St., N.W.

A line extending eastward from G Pl., N.W.

Primary

6th St., N.W.

East

D-4-R

A line extending eastward from G Pl., N.W.

G St., N.W.

Secondary

6th St., N.W.

West

D-4-R

A line extending eastward from G Pl., N.W.

G St., N.W.

Primary

7th St., N.W.

East

D-5-R

Massachusetts Ave., N.W.

I St., N.W.

Primary

7th St., N.W.

West

D-5

Massachusetts Ave., N.W.

I St., N.W.

Primary

7th St., N.W.

Both

D-5-R

I St., N.W.

H St., N.W.

Primary

7th St., N.W.

East

D-6-R

H St., N.W.

A line extending east from G Pl., N.W.

Primary

7th St., N.W.

West

D-7

H St., N.W.

A line extending east from G Pl., N.W.

Primary

8th St., N.W.

East

D-5-R

I St., N.W.

H St., N.W.

Secondary

Massachusetts Ave., N.W.

South

D-5-R

6th St., N.W.

7th St., N.W.

Secondary (Also in Massachusetts Avenue and Mt. Vernon Square Sub-Area)

I St., N.W.

South

D-1-R

5th St., N.W.

6th St., N.W.

Secondary

I St., N.W.

Both

D-5-R

6th St., N.W.

7th St., N.W.

Secondary

I St., N.W.

South

D-5-R

7th St., N.W.

8th St., N.W.

Secondary

H St., N.W.

Both

D-1-R

D-5-R

D-7

5th St., N.W.

8th St., N.W.

Primary

G St., N.W.

North

D-4-R

5th St., N.W.

6th St., N.W.

Secondary

A building or structure on a lot with frontage on a designated primary street segment shall:

Devote not less than one hundred percent (100%) of the ground floor gross floor area to uses identified in Subtitle I § 601.2 or to wholesaling accessory to those uses, provided that the requirement shall be 0.5 FAR equivalent for a building in the D-1-R, D-4-R, or D-5-R zone;

Devote no more than twenty-five percent (25%) of the ground floor gross floor area retail requirement to services (financial); and

Devote one hundred percent (100%) of the building's street frontage along the primary street to required uses, except for space devoted to building entrances or required for fire control; except that the requirements of this sub-section shall not apply to buildings devoted entirely to residential uses, theaters, historic landmarks, or places of worship.

A building or structure on a lot with frontage only on a designated secondary street segment shall:

Devote not less than fifty percent (50%) of the ground floor gross floor area to on-site required uses identified in Subtitle I § 601.2;

Devote one hundred percent (100%) of the building's street frontage along the designated secondary street to required uses, except for space devoted to building entrances or required for fire control; and

The requirements of this sub-section shall not apply to buildings devoted entirely to residential uses, theaters, historic landmarks, or places of worship.

A building fronting on a designated primary or secondary street segment is subject to the design regulations in Subtitle I § 602.

A building fronting on Massachusetts Avenue, N.W., is subject to the height regulations in Subtitle I § 610.7.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 609

11-I DCMR § 610 MASSACHUSETTS AVENUE CORRIDOR AND MT. VERNON SQUARE SUB-AREA

MASSACHUSETTS AVENUE CORRIDOR AND MT. VERNON SQUARE SUB-AREA

The objectives of the Massachusetts Avenue Corridor and Mt. Vernon Square Sub-Area are to encourage a boulevard and park-like openness for the Massachusetts Avenue corridor, linking the Capitol to the embassy district through upper story setbacks that increase the amount of light available to pedestrians and to public space plantings.

The general location of the Massachusetts Avenue Corridor and Mt. Vernon Square Sub-Area is along Massachusetts Avenue from North Capitol Street to 15th Street, N.W., including Mount Vernon Place, K Street, 7th and 9th Streets N.W. surrounding Mount Vernon Square, including all or parts of Squares 212-214, 245-247, 282, 283, 315, 342, 370-372, 402, 403, 426, 451, 452, 484W, 484, 516S, 517, 528, 529, 562S, 563-565, and 624-626, in Figure I § 610: Illustration of the Massachusetts Avenue Corridor and Mt. Vernon Square Sub-Area and Designated Street Segments.

The designated street segments are as generally indicated with the blue and green lines in Figure I § 610: Illustration of the Massachusetts Avenue Corridor and Mt. Vernon Square Sub-Area and Designated Street Segments and detailed in Subtitle I § 610.4.

FIGURE I § 610: ILLUSTRATION OF THE MASSACHUSETTS AVENUE CORRIDOR AND MT. VERNON SQUARE SUB-AREA AND DESIGNATED STREET SEGMENTS

The Massachusetts Avenue Corridor and Mt. Vernon Square Sub-Area includes the following designated street segments and adjacent zoning:

TABLE I § 610.4: MASSACHUSETTS AVENUE CORRIDOR AND MT. VERNON SQUARE SUB-AREA DESIGNATED STREET SEGMENTS AND ADJACENT ZONING

Designated Street

Side of Street

Adjacent Zone

Segment Boundary 1 (northern or eastern)

Segment Boundary 2 (southern or western)

Segment Classification

7th St., N.W.

Both

D-4-R

D-5-R

Mt. Vernon Pl. / New York Ave., N.W.

K St. / Massachusetts Ave., N.W.

Tertiary

9th St., N.W.

Both

D-4-R

D-5-R

Mt. Vernon Pl. / Massachusetts Ave., N.W.

K St. / New York Ave., N.W.

Tertiary

Massachusetts Ave., N.W.

Both

D-2-R

D-3

D-4

D-4-R

North Capitol St., N.W.

5th St., N.W.

Tertiary

Massachusetts Ave., N.W.

South

D-4-R

5th St., N.W.

6th St., N.W.

Tertiary

Massachusetts Ave., N.W.

North

D-4-R

D-5-R

5th St., N.W.

6th St., N.W.

Tertiary, and Secondary per Mount Vernon Triangle Sub-Area

Massachusetts Ave., N.W.

South

D-R-5

6th St., N.W.

7th St., N.W.

Tertiary, and Secondary per Chinatown Sub-Area

K St., N.W.

Both

D-5

7th St., N.W.

9th St., N.W.

Tertiary

Mt. Vernon Place, N.W.

Both

D-5-R

7th St., N.W.

9th St., N.W.

Tertiary

Massachusetts Ave., N.W.

Both

D-4-R

D-5-R

9th St., N.W.

10th St., N.W.

Tertiary

Massachusetts Ave., N.W.

South

D-2-R

D-4-R

10th St., N.W.

15th St., N.W.

Tertiary

A building with frontage on the south side of Massachusetts Avenue, N.W., between 6th and 7th Streets, N.W., shall be subject to Subtitle I § 609.6, the Chinatown Sub-Area use requirements for a designated secondary street segment.

A building with frontage on the north side of Massachusetts Avenue, N.W., between 5th and 7th Streets, N.W., shall be subject to the use requirements in Subtitle I § 601 for a designated secondary street segment.

No part of a building with frontage on Mount Vernon Square or on Massachusetts Avenue between North Capitol Street and 15th Street N.W. shall project above a plane drawn at a forty-five degree (45°) angle from a line located one hundred ten feet (110 ft.) above the property line abutting Massachusetts Avenue or Mount Vernon Square.

A building with frontage on the north side of Massachusetts Avenue, N.W., between 5th and 7th Streets, N.W., shall also be subject to the design requirements in Subtitle I §§ 602 and 611.10 for a designated secondary street segment in the Mount Vernon Triangle Sub-Area.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 610

11-I DCMR § 611 MOUNT VERNON TRIANGLE (MVT) SUB-AREA

MOUNT VERNON TRIANGLE (MVT) SUB-AREA

The objective of the Mount Vernon Triangle Sub-Area is to promote the development of ground floor level retail, service, food and beverage and entertainment uses that serve the immediate and nearby neighborhoods, as well as the Convention Center and downtown, in street frontages that will be active, pedestrian-friendly places, particularly along K and 5th Streets, N.W.

The general location of the Mount Vernon Triangle Sub-Area is from 4th to 7th Streets, N.W., from L Street and New York Avenue to Massachusetts Avenue and I Street, N.W., but not including the intersection of 5th and Streets, N.W., incorporating all or parts of Squares 451, 484W, 483, 484, 515, and 516, in Figure I § 611: Illustration of the Mount Vernon Triangle Sub-Area and Designated Street Segments. This sub-area does not include the Mount Vernon Triangle Principal Intersection Area sub-area regulated by Subtitle I § 612.

The designated street segments are as generally indicated with red, blue, and green lines in Figure I § 611: Illustration of the Mount Vernon Triangle Sub-Area and Designated Street Segments and detailed in the Subtitle I § 611.4.

FIGURE I § 611: ILLUSTRATION OF THE MOUNT VERNON TRIANGLE SUB-AREA AND DESIGNATED STREET SEGMENTS

The Mt. Vernon Triangle Sub-Area includes the following designated street segments and adjacent zoning.

TABLE I § 611.4: MOUNT VERNON TRIANGLE SUB-AREA DESIGNATED STREET SEGMENTS AND ADJACENT ZONING

Designated Street

Side of Street

Adjacent Zone

Segment Boundary 1 (northern or eastern)

Segment Boundary 2 (southern or western)

Segment Classification

4th St., N.W.

West

D-4-R

L St., N.W.

36 feet north of K St., N.W.

Tertiary, with vehicle entry restrictions per Subtitle I § 611.4(f)

4th St., N.W.

West

D-4-R

36 feet north of K St., N.W.

36 feet south of K St., N.W.

Primary, with vehicle entry restrictions per Subtitle I § 611.4(f)

5th St., N.W.

Both

D-4-R, D-5-R

New York Ave., N.W.

72 ft. north of lot line on north side of K St., N.W.

Primary, with portions subject to vehicle entry restrictions per Subtitle I §§ 611.4(d), (e), (f)

5th St., N.W.

Both

D-4-R

72 ft. south of lot line on south side of K St., N.W.

Massachusetts Ave., N.W.

Primary, with portions subject to vehicle entry restrictions per Subtitle I §§ 611.4(d), (e), (f)

6th St., N.W.

Both

D-4-R, D-5-R

New York Ave., N.W.

Massachusetts Ave., N.W.

Secondary, with vehicle entry restrictions per Subtitle I § 611.4(f)

7th St., N.W.

East

D-4-R, D-5-R

New York Ave., N.W.

Massachusetts Ave., N.W.

Primary, with vehicle entry restrictions per Subtitle I § 611.4(f) and Tertiary, per Massachusetts Avenue / Mt. Vernon Square Subtitle I § 610.4

Massachusetts Ave., N.W.

North

D-5-R

5th St., N.W.

7th St., N.W.

Secondary, with vehicle entry restrictions per Subtitle I § 611.4(f) and

Tertiary, per Massachusetts Avenue / Mt. Vernon Square Subtitle I § 610.4

K St. N.W.

North

D-4-R

4th St., N.W.

5th St., N.W.

Secondary, with vehicle entry restrictions per Subtitle I § 611.4(f)

K St., N.W.

Both

D-4-R, D-5-R

4th St., N.W.

72 ft. east of lot line on east side of 5th St., N.W.

Primary, with vehicle entry restrictions per Subtitle I §§ 611.4(c), (d), (f)

K St., N.W.

Both

D-4, D-5

72 ft. west of lot line on west side of 5th St., N.W.

7th St., N.W.

Primary, with vehicle entry restrictions per Subtitle I § 611.4(c), (f)

L St., N.W.

South

D-4-R

4rd St., N.W.

5th St., N.W.

Secondary, with vehicle entry restrictions per Subtitle I§ 611.4(f)

New York Ave., N.W.

South

D-4-R, D-5-R

5th St., N.W.

7th St., N.W.

Secondary, with vehicle entry restrictions per Subtitle I§ 611.4(f)

Use regulations for a building with frontage on designated primary or secondary street segments are contained in Subtitle I § 601.

With the exception of garage or loading entrances or exits regulated in Subtitle I §§ 611.7 through 611.11, design regulations for a building with frontage on a designated primary or secondary designated streets are contained in Subtitle I § 602.

There shall be no vehicular garage or loading entrance or exit constructed on the portions of the façade of a building fronting on the north or south side of K Street, N.W. between 5th Street, N.W. and 7th Street, N.W.

Among all buildings within each of the following designated street segments there shall be no more than one (1) vehicular garage or loading entrance or exit constructed, unless otherwise required by DDOT:

The north side of K Street between 4th Street and 5th Street, N.W.;

The south side of K Street between 4th Street, N.W. and an alley existing on the effective date of this title located approximately three hundred and seventy-five (375) feet west of 4th Street, N.W.; and

The east side of 5th Street, N.W. between Eye Street and L Street, N.W., other than the area defined in Subtitle I § 612.

Among all buildings within each of the following designated street segments, there shall be no more than two (2) vehicular garage or loading entrances or exits constructed on the portions of façades adjacent to the following streets, unless otherwise necessitated by a written opinion or decision by DDOT pertinent to the site where the façade would be located:

The west side of 5th Street between I Street and K Street; and

The west side of 5th Street between K Street and L Street.

For designated street segments in the Mount Vernon Triangle Sub-Area that are not governed by Subtitle I §§ 611.7 through 611.9, no more than one (1) vehicular garage or loading entrance or exit driveway may be constructed within the length of an individual building, unless the building extends the entire length of the square, in which case the following shall apply:

No more than two (2) vehicular garage or loading entrance or exit driveways may be constructed within the total length of all building façades adjacent to a public street on any side of a property Square; and

Each vehicular garage or loading entrance or exit shall be separated by no less than sixty feet (60 ft.), unless lesser distances between curb cuts are permitted for the location by DDOT.

Exceptions from the requirements of Subtitle I §§ 611.7 through 611.10 shall be permitted only if granted as a special exception by the Board of Zoning Adjustment under Subtitle X, Chapter 9, provided the applicant also demonstrates that:

There is no practical alternative means of serving the parking, loading, or drop-off needs of the building to be served by the proposed vehicular garage or loading entrances or exits, such as signage approved by DDOT, that would direct vehicles to an alternative entrance point within the same square;

Access to the vehicular garage or loading entrances or exits will not impede the flow of pedestrian traffic on a designated primary street segment; and

The proposed vehicular garage or loading entrances or exits is not inconsistent with DDOT landscape plans for the public rights-of-way on the designated street frontage as such plans exist at the time of the special exception application.

Design regulations for designated primary and secondary street segments are contained in Subtitle I § 602.

Design regulations for the designated tertiary street segments on Massachusetts Avenue, N.W. are contained in Subtitle I § 610.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 611

11-I DCMR § 612 MOUNT VERNON TRIANGLE PRINCIPAL INTERSECTION AREA SUB-AREA

MOUNT VERNON TRIANGLE PRINCIPAL INTERSECTION AREA SUB-AREA

The objective of the Mount Vernon Triangle Principal Intersection Sub-Area is to require uses and building design that provide a focal point for food and beverage, entertainment, and accessory uses in the Mount Vernon Triangle.

The Mount Vernon Triangle Principal Intersection Sub-Area generally comprises the square-shaped area measuring seventy-two feet (72 ft.) on a side on each of the four (4) corners of the intersection of K and 5th Streets, N.W in Squares 483, 484, 515, and 516, where two (2) designated primary street segment sides are contiguous with the property lines adjacent to each corner of the intersection, as indicated in Figure I § 612(a): Illustration of the Mount Vernon Triangle Principal Intersection Sub-Area and Designated Street Segments and Figure I § 612(b): Illustration of the Mount Vernon Triangle Principal Intersection Sub-Area Corners and Modules.

FIGURE I § 612(a): ILLUSTRATION OF THE MOUNT VERNON TRIANGLE PRINCIPAL INTERSECTION SUB-AREA CORNERS AND MODULES

FIGURE I § 612(b): ILLUSTRATION OF THE MOUNT VERNON TRIANGLE PRINCIPAL INTERSECTION AREA CORNERS AND MODULES

The designated street segments and property within the Mt. Vernon Triangle Principal Intersection Area Sub-Area includes the following:

In Figure I § 612(b): Illustration of the Mount Vernon Triangle Principal Intersection Sub-Area Corners and Modules, "K Street" defines the east and west directions; and "5th Street" defines the north and south directions. The northwest corner is Square 483; the northeast corner is Square 515; the southwest corner is Square 484; and the southeast corner is Square 516;

At each corner there are four (4) modules labeled A, B, C, and D. Each block in the chart labeled A, B, C, or D represents a thirty-six-foot by thirty-six-foot (36 ft. x 36 ft.) area within the respective seventy-two-foot by seventy-two-foot (72 ft. x 72 ft.);

The "A" modules are the thirty-six-foot by thirty-six-foot (36 ft. x 36 ft.) modules nearest to the intersections. The "B" modules are the thirty-six-foot by thirty-six-foot (36 ft. x 36 ft.) modules fronting on 5th Street that are between thirty-six feet (36 ft.) and seventy-two feet (72 ft.) north and south of K Street. The "C" modules are the thirty-six-foot by thirty-six-foot (36 ft. x 36 ft.) modules fronting on K Street that are between thirty-six feet (36 ft.) and seventy-two feet (72 ft.) east and west of 5th Street. The "D" modules are the thirty-six-foot by thirty-six- foot (36 ft. x 36 ft.) interior modules that have frontage on neither K Street nor 5th Street; and

Each designated street segment in the sub-area is a designated primary street segment, with adjacent property in Square 484, 515, and 516 being zoned D-4-R, and adjacent property in Square 483 being zoned D-5-R.

The portion of a building within the Mt. Vernon Triangle Principal Intersection Area Sub-Area is subject to the following height regulations in addition to those governing the property’s zone districts:

TABLE I § 612.4: MAXIMUM PERMITTED BUILDING HEIGHT

Module

Maximum Height

Minimum Clear Floor-to Ceiling Height

Except in Square 515, no higher than 50 ft. above grade

22 ft.

B & C

No more than 50% of the portions of a building within each of the B and C modules shall be more than 50 ft. above grade

22 ft. for at least 50% of its ground floor

As permitted by zone

14 ft.

612.5 With the exception of a building that is a designated historic landmark or that is included within a historic district, the portion of a building within the Mt. Vernon Triangle Principal Intersection Area Sub-Area is subject to the following streetwall design regulations in addition to those governing the property’s zone district and designated primary street classification:

Each building shall devote not less than sixty-five percent (65%) of the surface area of the streetwall(s) at the ground level, to a height of at least twenty-two feet (22 ft.) feet, to display windows with clear and/or low-emissivity glass, except for decorative or architectural accent and entrances to commercial uses or to the building;

Each building shall devote not less than sixty-five percent (65%) of the surface area of the streetwall between eighteen feet (18 ft.) and twenty-two feet (22 ft.) above grade to clear and/or low-emissivity glass;

There shall be no direct entrances to lobbies serving residential or office uses; and

There shall be no vehicular garage or loading entrances or exits in portions of façades within the principal intersection area, unless otherwise required DDOT.

Roof terraces, whether open to the sky or covered with awnings or canopies, that are atop the portions of a building within the A, B, or C modules, as defined in Subtitle I § 612.2, shall not be included in the maximum floor area ratio calculations.

Within the boundaries of the sub-area, a building shall dedicate one hundred percent (100%) of its ground floor and mezzanine to uses permitted on designated primary streets by Subtitle I § 601, with at least fifty percent (50%) of that area being devoted to one (1) or more of the following uses:

Bookstore, including restaurant;

Cabaret; or

Eating and drinking establishment, including bar, nightclub, or cocktail lounge, and restaurant.

At least forty percent (40%) of the linear frontage of the ground floor and mezzanine fronting on a designated primary street within the sub-area shall be devoted to a use required by Subtitle I § 612.7.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 340 (January 13, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 612

11-I DCMR § 613 BLAGDEN ALLEY RESIDENTIAL TRANSITION SUB-AREA

BLAGDEN ALLEY RESIDENTIAL TRANSITION SUB-AREA

The objective of the Blagden Alley Residential Transition Sub-Area is to ensure a height transition between the medium density, primarily commercial, public and lodging uses south of M Street and the more residential uses on the north of M Street.

The Blagden Alley Residential Transition Sub-Area consists of the D-4-R zoned property with frontage on the designated tertiary street segment on the south side of M Street N.W., between 9th and 10th Streets, N.W., including portions of Square 369 as generally indicated with the green line in Figure I § 613: Illustration of the Blagden Alley Residential Transition Sub-Area and Designated Street Segments.

FIGURE I § 613: ILLUSTRATION OF THE BLAGDEN ALLEY RESIDENTIAL TRANSITION SUB-AREA AND DESIGNATED STREET SEGMENTS

The zone district use regulations shall govern the sub-area.

A building constructed on a lot fronting on the south side of M Street, N.W., between 9th Street, N.W. and 10th Street, N.W., shall be limited to a maximum height of sixty feet (60 ft.) to a depth of forty feet (40 ft.) from the lot line on M Street, N.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 613

11-I DCMR § 614 LOWER CONNECTICUT AVENUE CORRIDOR SUB-AREA

LOWER CONNECTICUT AVENUE CORRIDOR SUB-AREA

The objective of the Lower Connecticut Avenue Corridor Sub-Area is to support the continued concentration of active, high-quality ground floor retail uses along the Connecticut Avenue corridor between K Street, N.W. and Dupont Circle.

The Lower Connecticut Avenue Corridor Sub-Area consists of the D-6-zoned property with frontage on either side of the designated primary street segments of Connecticut Avenue between K Street, N.W. and M Street, N.W., including all or parts of Squares 161, 162, 163, and 164 as generally indicated with the red lines in Figure I § 614: Illustration of the Lower Connecticut Avenue Corridor Sub-Area and Designated Street Segments.

FIGURE I § 614: ILLUSTRATION OF THE LOWER CONNECTICUT AVENUE CORRIDOR SUB-AREA AND DESIGNATED STREET SEGMENTS

The zone district and the designated primary street segment use regulations in Subtitle I § 601 shall govern uses in buildings with frontage on a designated street segment.

The designated primary street design regulations in Subtitle I § 602 shall govern the ground floor design of a building with frontage on a designated street segment in the sub-area.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 614

11-I DCMR § 615 NORTH OF MASSACHUSETTS AVENUE (NOMA) SUB-AREA

NORTH OF MASSACHUSETTS AVENUE (NOMA) SUB-AREA

The objective of the North of Massachusetts Avenue (NoMA) Sub-Area is to further the transition of the former light industrial area into a high-density commercial and residential neighborhood with a concentration of ground floor level retail, service, food and beverage, and entertainment uses on 1st Street, N.E.

The NoMA Sub-Area consists of the D-5-zoned property with frontage on 1st Street, N.E., the designated primary street between K Street, N.E. and New York Avenue, N.E., including all or parts of Squares 671, 672, 673, 674, 710, 711, 712, and 713, as generally indicated with the red lines in Figure I § 615: Illustration of the North of Massachusetts Avenue (NoMA) Sub-Area and Designated Street Segments.

FIGURE I § 615: ILLUSTRATION OF THE NORTH OF MASSACHUSETTS AVENUE (NOMA) SUB-AREA AND DESIGNATED STREET SEGMENTS

The designated primary street use regulations in Subtitle I § 601 shall govern uses in a building with frontage on a designated street segment, to a depth of one hundred fifty feet (150 ft.) from the building line on the designated street.

The designated primary street design regulations in Subtitle I § 602 shall govern the ground floor design of a building with frontage on a designated street segment in the sub-area.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 614

11-I DCMR § 616 M AND SOUTH CAPITOL STREETS SUB-AREA

M AND SOUTH CAPITOL STREETS SUB-AREA

The objectives of the M and South Capitol Streets Sub-Area are to ensure the preservation of the historically important axial view of the Capitol Dome and further the development of a high-density mixed-use corridor north of the Capitol Gateway neighborhood.

The general location of the M and South Capitol Streets Sub-Area is the D-5 zoned property with frontage on either side of the designated tertiary street segments of South Capitol Street corridor north of M Street, as indicated with the green lines in Figure I § 616: Illustration of the M and South Capitol Streets Sub-Area and Designated Street Segments, and the D-5 zone property with frontage on the designated primary street segments on the north side of M Street, S.E., between South Capitol Street and the Canal Blocks Park, as indicated by the red line in Figure I § 616, and detailed in Subtitle I § 616.3, including all or parts of Squares 640, 641, 643E, 644, 646, 648 649, 695, 695W, 697N, 697, 698, 699, 742, and 743N.

FIGURE I § 615: ILLUSTRATION OF THE M AND SOUTH CAPITOL STREETS SUB-AREA AND DESIGNATED STREET SEGMENTS

The M and South Capitol Streets Sub-Area includes the following designated street segments and adjacent zoning:

TABLE I § 616.3: M AND SOUTH CAPITOL STREETS SUB-AREA DESIGNATED STREET SEGMENTS AND ADJACENT ZONING

Designated Street

Side of Street

Adjacent Zone

Segment Boundary 1 (northern or eastern)

Segment Boundary 2 (southern or western)

Segment Classification

South Capitol St.

West

D-5

Washington Ave., S.W

M St., S.W.

Tertiary; with Design Review

South Capitol St.

East

D-5

Virginia Ave., S.E.

M St., S.E.

Tertiary; with Design Review

M St., S.E.

North

D-5

2nd St., S.E.

South Capitol St., S.E.

Primary

M St., S.W.

North

D-5

South Capitol St., S.W.

200 ft. west of the centerline of South Capitol St., S.W.

Tertiary

The uses for a building with frontage on a designated primary street segment is governed by Subtitle I § 601.

The uses for a building with frontage on a designated tertiary street segment are governed by the zone district.

A building with frontage on the designated primary street segments of M Street, S.E. shall:

Follow the design regulations in Subtitle I § 602;

Setback the entire length and height of each building face fronting on M Street, S.E., not less than fifteen feet (15 ft.), as measured from the face of the adjacent curb; and

Be subject to review of its proposed ground floor uses by the Zoning Commission, simultaneous with its review under Subtitle I § 616.8.

The streetwall on the eastern and western sides of South Capitol Street shall be set back for its entire height and frontage not less than fifteen feet (15 ft.), from the property line adjacent to South Capitol Street, with the following exceptions:

There shall be no setback on the west side of South Capitol Street in Square 649 between L and M Streets, S.W.;

(b) There shall be a setback of seventy-three and one-half feet (73.5 ft.) from the centerline of South Capitol Street on its west side in Square 648 between K and L Streets, S.W.;

There shall be a setback of eighty-one feet (81 ft.) from the centerline of South Capitol Street on its west side in Square 643 between I Street and I-395;

Any portion of a building that exceeds one hundred ten feet (110 ft.) in height shall provide an additional one-to-one (1:1) setback from the building line along South Capitol Street;

There shall be no openings in building frontages adjacent to South Capitol Street that provide entrances or exits for vehicular parking or loading;

A minimum of seventy-five percent (75%) of the street-wall on the east side of South Capitol Street shall be constructed on the setback line; and

A minimum of sixty percent (60%) of the street-wall on the west side of South Capitol Street shall be constructed on the setback line.

All proposed buildings and structures, or any proposed exterior renovation to any existing buildings or structures that would result in an alteration of the exterior designs facing the street segments in the sub-area shall be subject to review and approval by the Zoning Commission in accordance with the provisions in Subtitle I, Chapter 7.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 616

11-I DCMR § 617 NORTH CAPITOL STREET CORRIDOR SUB-AREA

NORTH CAPITOL STREET CORRIDOR SUB-AREA

The objective of the North Capitol Street Corridor Sub-Area is to ensure the preservation of the historically important axial view of the Capitol Dome.

The general location of the North Capitol Street Corridor Sub-Area is one (1) or both sides of the designated primary street segments North Capitol Street between Louisiana Avenue, N.W. and K Streets, N.W. and N.E., indicated with green lines in Figure I § 617: Illustration of the North Capitol Street Corridor Sub-Area and Designated Street Segments, and detailed in Subtitle I § 617.3 and including all or parts of Squares: 624, 625, 626, 628, 630, 675, 676, and 677.

FIGURE I § 617: ILLUSTRATION OF THE NORTH CAPITOL STREET CORRIDOR SUB-AREA AND DESIGNATED STREET SEGMENTS

The North Capitol Street Corridor Sub-Area includes the following designated street segments and adjacent zoning:

TABLE I § 617.3: NORTH CAPITOL STREET CORRIDOR SUB-AREA DESIGNATED STREET SEGMENTS AND ADJACENT ZONING

Designated Street

Side of Street

Adjacent Zone

Segment Boundary 1 (northern or eastern)

Segment Boundary 2 (southern or western)

Segment Classification

North Capitol St.

West

D-4

H Street, N.W.

G Street, N.W.

Tertiary

North Capitol St.

West

D-3

G Street, N.W.

D Street, N.W.

Tertiary; (also in Capitol Security Sub-Area)

North Capitol St.

East

D-5

K Street, N.E.

G Street, N.E.

Tertiary

The zone district use regulations shall govern uses in a building with frontage on a designated street segment.

Not less than seventy-five percent (75%) of each newly constructed building wall to a height of at least fifteen feet (15 ft.) that fronts a designated tertiary street segment shall be constructed to, or within four feet (4 ft.) of, the property line between the subject lot and the abutting street right-of-way.

Any portion of a building frontage on a designated tertiary street that exceeds one hundred ten feet (110 ft.) in height shall provide an additional one-to-one (1:1) setback from the building line along North Capitol Street.

617.7 All proposed buildings, and structures, or any proposed exterior renovation to any existing buildings or structures that would result in an alteration of the exterior designs facing the street segments noted in Subtitle I § 617.3 shall be subject to review and approval by the Zoning Commission in accordance with the provisions in Subtitle I, Chapter 7.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 71 DCR 009667 (August 2, 2024). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 617

11-I DCMR § 618 Street, S.W.

INDEPENDENCE AVENUE

The objective of the Independence Avenue Sub-Area is to protect the viewshed of the National Mall.

The general location of the Independence Avenue Sub-Area is the property with frontage on the designated tertiary street of Independence Avenue, S.W., between 2nd and 12th Streets, S.W., including all or parts of Squares 351, 351N, 383, 409, 433, 462N, 492N, 492, 534, and 577, as indicated with the green line Figure I § 618: Illustration of the Independence Avenue Sub-Area and Designated Street Segments, and as detailed in Subtitle I § 618.3.

FIGURE I § 618: ILLUSTRATION OF THE INDEPENDENCE AVENUE SUB-AREA AND DESIGNATED STREET SEGMENTS

The Independence Avenue Sub-Area includes the following designated street segments and adjacent zoning:

TABLE I § 617.3: INDEPENDENCE AVENUE SUB-AREA DESIGNATED STREET SEGMENTS AND ADJACENT ZONING

Designated Street

Side of Street

Adjacent Zone

Segment Boundary 1 (northern or eastern)

Segment Boundary 2 (southern or western)

Segment Classification

Independence Ave., S.W.

South

D-4

Washington Ave/3rd St. S.W.

6th Street, S.W.

Tertiary; (also Capitol Security Sub-Area between Washington Ave. and 3rd St., S.W.

Independence Ave., S.W.

South

D-8

6th Street, S.W.

Tertiary

The use regulations for a building with frontage on a designated street segment are those applicable to the zone.

A building or structure with frontage on Independence Avenue, S.W.in the sub-area:

Shall have a building setback of eighty-eight feet (88 ft.) from the centerline of Independence Avenue;

Shall setback, at a one-to-one (1:1) ratio from the face of the building’s frontage on Independence Avenue, S.W., the height of any building story more than one-hundred ten feet (110 ft.), as measured from the building line on Independence Avenue;

Shall setback any penthouse or rooftop structure at a two-to-one (2:1) ratio from each exterior wall of the roof upon which it is located;

Shall not have the total area of structures listed in Subtitle I § 618.5(c) exceed one-third (1/3) of the total roof area upon which it or they are located;

Shall have all mechanical equipment placed in one (1) enclosure that shall harmonize with the main structure in architectural character, material and color;

Shall not include any tower, dome, minaret or other architectural embellishment taller than the main building; and

Shall complement, not compete with, the Smithsonian buildings when viewed from the National Mall and Independence Avenue, S.W.

All proposed buildings, and structures, or any proposed exterior renovation to any existing buildings or structures that would result in an alteration of the exterior designs facing the street segments noted in Subtitle I § 618.4 shall be subject to review and approval by the Zoning Commission in accordance with the provisions in Subtitle I, Chapter 7, and, if located between 6th and 12th Streets, S.W., shall be referred to the National Capital Planning Commission for comment.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 618

11-I7 DESIGN REVIEW

11-I DCMR § 700 INTRODUCTION TO DESIGN REVIEW REGULATIONS

INTRODUCTION TO DESIGN REVIEW REGULATIONS

The purpose of this chapter is to identify the D zones that require developments to undergo design review and the triggers for the requirement.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 700

11-I DCMR § 701 ZONING COMMISSION REVIEW OF BUILDINGS, STRUCTURES, AND USES

ZONING COMMISSION REVIEW OF BUILDINGS, STRUCTURES, AND USES

The provisions of Subtitle I, Chapter 7 apply to a new building or structure or building addition that has frontage on a designated street segment within the M and South Capitol Streets Sub-Area, the Independence Avenue Sub-Area, the North Capitol Street Sub-Area, or within a D zone and with frontage on North Capitol Street south of M Street, N.W., and to buildings seeking additional height pursuant to Subtitle I § 525.2 or Subtitle I § 517.1(b).

All proposed uses, site plans, buildings, and structures, or any proposed exterior renovation to any existing buildings or structures that would result in an alteration of the exterior design to any property within an area listed in Subtitle I § 702.1(a), shall be subject to review and approval by the Zoning Commission in accordance with the following provisions:

In addition to proving that the proposed use, building, or structure meets the special exception standards set forth in Subtitle X, Chapter 9, an applicant requesting approval under this section shall prove that the proposed building or structure, including the siting, architectural design, site plan, landscaping, sidewalk treatment, and operation, will:

Help achieve the objectives of the sub-area, as set forth in Subtitle I, Chapter 6, in which it is located;

Be in context with the surrounding neighborhood and street patterns;

Minimize conflict between vehicles and pedestrians;

Minimize unarticulated blank walls adjacent to public spaces through facade articulation; and

Minimize impact on the environment, as demonstrated through the provision of an evaluation of the proposal against LEED certification standards; and

With respect to a building or structure in a D zone that has frontage on South Capitol Street, S.E. or North Capitol Street south of M Street, N.W.:

The building or structure shall incorporate massing, materials, and buildings and streetscape landscaping to further the design and development of properties in a manner that is sensitive to the establishment of, respectively, South Capitol Street or North Capitol Street as monumental civic boulevards;

The building or structure shall incorporate massing, location of access to parking and loading, and location of service areas to recognize the proximate residential neighborhood use and context, as applicable; and

The application shall include a view analysis that assesses openness of views and vistas around, including views toward the Capitol Dome and other federal monumental buildings.

The Zoning Commission may hear and decide any additional requests for special exception or variance relief needed for the subject property. Such requests shall be advertised, heard, and decided together with the application for Zoning Commission review and approval.

At the time of filing an application with the Zoning Commission, the applicant shall pay the filing fees to the Office of Zoning pursuant to Subtitle Z, Chapter 16, plus such fees as apply to any additional zoning relief requested.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 007109 (May 19, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 701

11-I8 GENERATION AND CERTIFICATION OF CREDITS

11-I DCMR § 800 INTRODUCTION TO THE CREDIT SYSTEM

INTRODUCTION TO THE CREDIT SYSTEM

800.1 Within the D zones, market forces or other conditions may favor the development of one (1) type of use over another in an area at any given time. To help ensure the provision of the range of uses essential to a successful downtown, Subtitle I, Chapters 8 and 9 provide for the generation and use of a credit system to incentivize the development of a mix of uses in the D zones.

800.2 A credit is generated by the development of residential, arts, or preferred uses, pursuant to Subtitle I §§ 802 through 804, on a lot, and may also be generated on historic properties under the circumstances described in Subtitle I § 807.

800.3 Properties that generated allocable gross floor area, either as Transferable Development Rights (“TDR”) or Combined Lot Development (“CLD”) rights under Chapter 17 of the 1958 Zoning Regulations as the result of the recordation of a covenant required by that chapter, may have those CLD or TDR Rights converted to credits pursuant to Subtitle I § 806 to the extent the Rights were not allocated prior to the effective date of this title to another lot or, also in the case of TDR Rights, to an entity or individual for future re-transfer (“Unallocated TDR/CLD Rights”). To be recognized as an Unallocated TDR/CLD Right, the TDR or CLD covenant must have included a declaration binding present and future owners to reserve and maintain in perpetuity the square footage of the uses that generated the TDR/CLD Rights for which conversion is sought.

Any CLD Right allocated to a lot by a recorded CLD covenant or any TDR Right allocated to a lot or to an entity or individual pursuant to a certificate of transfer of transferrable development rights made pursuant to the 1958 Regulations (“Allocated TDR/CLD Rights”) is fully vested and may be used for the purposes authorized the 1958 Zoning Regulations; provided that the recordation of the covenant or certificate occurred prior to the effective date of this title.

800.5 Notwithstanding Subtitle I § 800.4, an entity or individual owning Allocated TDR Rights transferred for its use or re-transfer through one or more certificates of transfer of development rights made pursuant to the 1958 Zoning Regulation may, as to each certificate, elect to have all of those rights treated as Unallocated TDR Rights that may be converted to credits pursuant to Subtitle I § 806 if:

(a) The entity or individual purchased the Allocated TDR Rights for resale for use on a receiving lot as permitted by § 1709.9 of the 1958 Zoning Regulations and the Allocated TDR Rights were not transferred to a lot; or

(b) The entity or individual purchased the Allocated TDR Rights for use on their property and either:

(1) The Allocated TDR Rights were not used to increase development rights on the property; or

(2) The Allocated TDR Rights were used to increase development rights on the property and the building that utilized the development rights is destroyed or demolished; provided that property shall be divested of the development rights attributable to the TDR Rights converted to credits.

800.6 Rules governing the use of credits are set forth in Subtitle I § 900.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 800

11-I DCMR § 801 ACTIONS THAT GENERATE CREDITS

ACTIONS THAT GENERATE CREDITS

In the D-3 through D-8 zones, credits shall be generated by:

The development of residential gross floor area, where either none is required or where the new residential gross floor area exceeds the minimum on-site residential requirements in Subtitle I, Chapter 5, pursuant to Subtitle I § 802;

(b) The development in the Downtown Arts Sub-Area of arts-related space, as defined in Subtitle I § 607.5, that exceeds the minimum on-site requirements of Subtitle I § 607, pursuant to Subtitle I § 803;

(c) The full rehabilitation of an “historic resource” as the quoted term is described in Subtitle I § 807.3, or a building that received its first certificate of occupancy prior to 1936, such properties relinquish unused development rights pursuant to Subtitle I § 807;

(d) The conversion of unallocated transferable development rights (as described in Subtitle I § 800.3), pursuant to Subtitle I § 806;

(e) The conversion of unallocated combined lot development rights (as described in Subtitle I § 800.3), pursuant to Subtitle I § 806; and

(f) The development of space within the Downtown Retail Core, Downtown Arts, or Chinatown Sub-Areas devoted to the following preferred uses pursuant to Subtitle I § 804:

A licensed child development center or child development home; or

A Certified Business Enterprise (CBE).

Each property is eligible to generate credits only once, unless:

The use which originally generated credits has been in continual operation and is expanded in size;

A new credit-generating use is added to the property and the use which originally generated credits remains in continual operation and is not decreased in size; or

A new, larger credit-generating use replaces the credit-generating use which originally generated credits, in which case the net increase in credit-generating floor area may be used to generate additional credits.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 801

11-I DCMR § 802 GENERATION OF CREDITS BY RESIDENTIAL DEVELOPMENT

GENERATION OF CREDITS BY RESIDENTIAL DEVELOPMENT

802.1 Except as provided in Subtitle I § 802.3, credits may be generated by a residential use in a building for which construction began after January 18, 1991 located in a D-4-R, D-5-R, or D-6-R zone to the extent the residential use did not generate Unallocated or Allocated CLD Rights as described in Subtitle I §§ 800.3 and 800.4, respectively; or by a residential use developed on or after the effective date of this title in a new or existing buildings in all other I zones except D-1-R or D-2 zones, where properties may not generate credits.

If building is in a zone without a minimum residential requirement, all of the new residential gross square footage shall generate credits; and

(b) If a building is in a zone with a minimum residential requirement, credits shall be generated by the new residential gross floor area that exceeds the minimum residential requirement, subject to the following limits:

3.5 FAR in the D-4-R zone;

6.0 FAR in the D-5-R zone; or

8.0 FAR in the D-6-R zone.

802.2 One (1) credit shall be generated for each square foot of eligible residential gross floor area (GFA) constructed, except that two (2) credits, rather than one (1) credit, shall be generated for each square foot of eligible GFA in each of the following circumstances:

(a) [DELETED];

(b) For projects not subject to Subtitle C, Chapter 10, Inclusionary Zoning, two (2) credits shall be generated for each square foot of eligible GFA reserved for households that meet the income requirements of Subtitle C § 1003;

(c) For each square foot of non-residential use converted to residential use in historic landmarks or contributing buildings in historic districts;

(d) For a building south of Massachusetts Avenue located on a property zoned D-4-R or D-5-R and within Squares 247, 283, 284, 316, 317, 342, 343, 371, 372, 374, 427, 428, 452, 453, 485, 486, 517, or 529; or for the commercial and underdeveloped properties in Square 247 with an approved plan unit development on or before January 18, 1991, for so long as the planned unit development approval remains valid; and

(e) For a building south of H Street zoned D-6-R and within Squares 377 (Lots 36, 37, 42, 806, 828, 829, 847, and 848), 406, 407, 408, 431, 432, 454, 455, 456, 457, 458, 459, 460, and 491.

No credits shall be generated as the result of residential uses developed in any building owned or leased by any education use developed for the purpose of housing students enrolled in the school.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 63 DCR 15404 (December 16, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 802

11-I DCMR § 803 GENERATION OF CREDITS BY ARTS USES

GENERATION OF CREDITS BY ARTS USES

For a building in the Downtown Arts Sub-Area regulated by Subtitle I § 607, arts use developed in a new or existing building on or after the effective date of this title may generate credits for new arts use GFA or FAER that exceeds the minimum arts use requirement for the sub-area.

One (1) credit shall be generated for each square foot of eligible arts GFA or FAER and an additional credit shall be generated for:

Each square foot of non-residential use converted to arts use square footage in historic landmarks or contributing buildings in historic districts;

Each square foot of arts use space owned or leased by a CBE, or for a non-profit entity;

Each square foot of arts use space with a clear height of greater than fourteen feet (14 ft.);

(d) Each square foot of arts uses listed in Subtitle U §§ 700.1(a), (h) or (i); and

(e) Each square foot of arts uses listed in Subtitle U §§ 700.1(c)(5) through (c)(7), (f), or (h), in excess of forty thousand gross square footage (40,000 gsf.) and located on a single record lot.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 803

11-I DCMR § 804 GENERATION OF CREDITS BY PREFERRED USES

GENERATION OF CREDITS BY PREFERRED USES

Within the Downtown Retail Core, Downtown Arts, and Chinatown Sub-Areas, one (1) credit shall be generated for each square foot of gross floor area permanently set-aside for a child development center, child development home, or CBE on or after the effective date of this title on property that is not in government or foreign mission ownership.

The credit shall not be available for a CBE that has generated credits for an arts use pursuant to Subtitle I § 803.2(b).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 804

11-I DCMR § 805 ACKNOWLEDGMENT OF RESIDENTIAL, ARTS, AND PREFERRED USE CREDITS

ACKNOWLEDGMENT OF RESIDENTIAL, ARTS, AND PREFERRED USE CREDITS

No credits generated by residential, arts, or preferred uses may be transferred unless the generation of credits has been acknowledged by the Zoning Administrator by a covenant filed with the Zoning Administrator and recorded in the land records of the District of Columbia.

The covenant shall be for the benefit of the District of Columbia, signed by the owner of the property generating the credits and the owner of the credits, if different, and shall burden the generating lot and present and future owners to reserve and maintain in perpetuity the square footage of uses that generated the credits.

The Zoning Administrator, in his or her discretion, may request the General Counsel of the Department of Consumer and Regulatory Affairs or the Office of Zoning Legal Division to undertake a legal sufficiency review.

The covenant shall be signed by the Zoning Administrator as evidence of its compliance with the provisions of this chapter.

The signature of the Mayor of the District of Columbia is not required.

Upon notification by the Zoning Administrator that the covenant has been signed, the owner of the credits shall take the covenant to the Recorder of Deeds, who shall record the covenant with the lot that generated the credit and provide the owner with two (2) certified copies of the certificate.

The owner of the credits shall provide one (1) certified copy of the covenant to the Zoning Administrator and one (1) to the Office of Planning.

The covenant shall be effective as of the recordation date of the certificate unless a later time is requested by the owner of the credits.

The procedures for transferring and re-transferring credits acknowledged by the covenant is described in Subtitle I §§ 901 and 902.

805.10 The covenant shall, at a minimum, contain the following information or attachments:

(a) Name and contact information for the person or entity that will own the generated credits;

Name and contact information for, the person or entity owning the property upon which the project that generated the credits is located, if different than in Subtitle I § 805.9(a);

If the credits are claimed to be owned by a person who does not also own the property that generated the credits, proof that the person or entity owns the credits and a provisions indemnifying the District of Columbia against any and all claims by persons or entities claiming to own the credits;

A map and plat of the lot;

Legal description and street address of the lot;

Surveyed area of the lot;

Gross floor area calculations for the entire building and for each portion of the building that will be occupied by the residential, arts, or preferred uses that generate the credits;

The FAR limits applicable to the lot including FAR limits for non-residential uses and minimum FAR requirements for residential uses and for arts uses;

Calculation of and basis for credits generated;

A form Certificate of Credit Transfer as described in Subtitle I § 901.3(e) to be used for any transfer of credits under the covenant;

A certificate of occupancy for the use except that for credits generated by development of residential gross floor area the covenant may include either:

A certification by the project architect that construction of the residential use is fifty percent (50%) complete; or

Proof that an escrow account has been established with a financial institution, including a title insurance company, that is recognized to be in good standing by the District of Columbia or other jurisdiction in which it conducts business that is funded in accordance with Subtitle I § 805.7;

In the case of a child development center or child development home, a certification by the Director of the Department of Human Services that the facility meets standards for a child development center or child development home;

In the case of a CBE, a certification from the Director of the Department of Small and Local Business Development business occupying the space has been certified as a local, small or disadvantaged business enterprise;

Signatures of the owners of the generating lot and the owners of the credits, if different; and

Any additional information required by the Zoning Administrator.

If the owner of the credits intends to satisfy the requirement of Subtitle I § 805.9(l) through the funding of an escrow, as permitted by Subtitle I § 805.9(i)(2), the covenant shall contain:

An acknowledgment by the owner of the credits that it has voluntarily established or consented to the establishment of an escrow account;

An attached escrow agreement that, among other things, requires the release of the escrow funds and any accrued interest thereon as a fee to be paid to the D.C. Housing Production Trust Fund, or other entity as directed by the Zoning Commission, under the circumstances stated in Subtitle I § 805.12(b);

An acknowledgment by the owner of the property generating the credits that the provision of an escrow neither negates the present or future owners' obligations under the covenant and this chapter to reserve and maintain in perpetuity an area on the lot generating the credits equal to the gross floor area of residential gross floor area generating the credits, nor constitutes such an extraordinary or exceptional circumstance or condition as to justify the grant of a variance from the strict application of the requirements of this chapter;

A certification by the financial institution of the amount of funds received; and

An acknowledgment by the financial institution that the funds will be disbursed only in accordance with the mandatory escrow terms in Subtitle I § 805.8.

The escrowed funds shall be equal to the amount computed according to either the formula E = GFA (AV / LA) / NRFAR x 50%, or the formula E = GFA x $30, whichever is less, where:

E = The amount deposited into escrow;

GFA = The gross floor area in square feet of additional nonresidential uses that will be achieved on the lot using the credits above that which the lot would have been permitted as a matter of right;

AV = The total assessed value as is indicated on the records of the Office of Tax and Revenue of the lot using the credits as of thirty (30) days prior to the escrow funding date;

LA = The number of square feet of land included in the lot using the credits;

NRFAR = The permitted nonresidential FAR before the transfer; and

50% = The proportion of commercial value that has been determined to be appropriate for the escrow.

The escrow account agreement shall include terms providing that:

Upon certification by the project architect to both the financial institution holding the funds and the Zoning Administrator that construction of all the residential uses required for the credits are at least fifty percent (50%) complete on the receiving lot, the funds held in the escrow account shall be disbursed in accordance with the applicable terms of the escrow agreement; and

If the above certification is not made within five (5) years after the filing date of the credit, or such further period of time as may have been permitted by the Zoning Commission pursuant to Subtitle I § 805.8, escrowed funds and any accrued interest shall be paid as fee to the District of Columbia Housing Production Trust Fund and designated for the financing of housing in the same Trade Area as the generating lot. The escrow agent shall advise the Zoning Commission if the funds cannot be released in accordance with this provision and, in that event, shall release the funds as the Zoning Commission may thereafter direct, consistent with the purposes of this chapter.

The owner of the credits may request the Zoning Commission to allow an additional period, up to a maximum of three (3) years, to make the certification set forth in Subtitle I § 805.8(a). The request shall identify why the certification could not be made within the five (5)-year period provided and be accompanied by a timetable for construction and occupancy of the residential uses required for the credit. The Zoning Commission may grant the request upon a showing that the owner of the property generating the credits has proceeded with due diligence and in good faith in constructing the required residential uses.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 69 DCR 000930 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 805

11-I DCMR § 806 GENERATION AND CERTIFICATION OF CREDITS FOR TDR OR CLD CONVERSION

GENERATION AND CERTIFICATION OF CREDITS FOR TDR OR CLD CONVERSION

806.1 Any Unallocated TDR or CLD Rights as described in Subtitle I § 800.3, or as considered such under Subtitle I § 800.5 shall convert to credits at a rate of one-to-one (1:1).

The conversion of Unallocated TDR and CLD Rights shall be effectuated through the issuance by the Zoning Administrator of a Certificate of Credit Conversion. When a property has generated both Unallocated TDR and CLD Rights, separate certificates are required for each type of conversion.

A Certificate of Credit Conversion may be requested in writing by the individual or entity that owns the Unallocated TDR or CLD Rights. The request shall be accompanied by:

(a) A copy of the recorded TDR covenant or CLD covenants that acknowledges the generation of the unallocated rights, or in the case of an Unallocated TDR Rights recognized by Subtitle I § 800.4, the certificate of transfer that acknowledged the transfer of the TDRs sought to be converted;

(b) An updated property description if the legal description of the property if such description has changed since the covenant was recorded;

(c) If requested by the owner of the property that generated the Unallocated CLDs or TDR Rights, a deed identifying that person or entity as the owner;

(d) If requested by a non-owner of the property, proof that the person or entity owns the Unallocated TDRs and CLD Rights, and a statement indemnifying the District of Columbia against any and all claims by persons or entities claiming to own such TDR or CLD rights;

(e) For TDR’s to be converted from a covenant, any certificates of transfer or re-retransfer made pursuant to the covenant and a sworn certification that no other allocations have been made other than as described in the certificates;

(f) For CLDs, any other CLD covenant that allocated the CLDs to one (1) or more lots and a sworn certification that no other allocations of CLDs have been made other than as described in the first and any subsequent CLD covenants;

(g) A written summary indicating the gross floor area of TDRs or CLDs acknowledged by the covenant(s), the gross floor area of any TDRs previously transferred by the attached certificates of transfer(s), the gross floor area allocated by the CLD covenant(s) to other lots, and the gross floor area that remains eligible for allocations as Unallocated TDR or CLD Rights, which are to be converted, and for which the Certificate of Credit Conversion is requested;

(h) A form Certificate of Credit Transfer as described in Subtitle I § 901.3(e) to be used for any transfer of credits under the Certificate of Credit Conversion; and

(i) A form Certificate of Credit Retransfer as described in Subtitle I § 902.3(d) to be used for any retransfer of credits under any Certificate of Credit Transfer.

The Certificate of Credit Conversion shall be signed by the Zoning Administrator and indicate:

The name and contact information for the person owning the converted Unallocated TDR or CLD Rights;

A description of the property that generated the converted Unallocated TDR or CLD Rights, including the trade area in which it is located;

The recordation information of the covenant that acknowledge the generation of the converted Unallocated TDR or CLDs;

The number of credits certified;

The trade area(s) in which certified credits may be used; and

The purpose(s) for which the certified credits may be used.

The owner of the Unallocated TDR or CLD Rights, upon notification by the Zoning Administrator that the Certificate of Credit Conversion has been signed, shall take the Certificate of Credit Conversion to the Recorder of Deeds, who shall record the certificate the lot that generated the converted Unallocated TDR or CLD Rights and provide the owner with two (2) certified copies of the certificate.

The owner of the converted Unallocated TDR or CLD Rights shall provide one (1) certified copy of the Certificate of Credit Conversion to the Zoning Administrator and one (1) to the Office of Planning.

The Certificate of Credit Conversion shall be effective as of the recordation date of the certificate unless a later time is requested by the owner of the converted Unallocated TDR or CLD Rights.

The procedures for transferring and re-transferring credits certified by a Certificate of Credit Conversion is described in Subtitle I §§ 901 and 902.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 806

11-I DCMR § 807 GENERATION AND CERTIFICATION OF CREDITS FOR HISTORIC PRESERVATION

GENERATION AND CERTIFICATION OF CREDITS FOR HISTORIC PRESERVATION

The purpose of this section is to:

Preserve the unique character and fabric of historic landmarks and historic districts in the D zones;

Encourage the retention and enhancement of historic buildings, together with compatible alterations and compatible new construction;

Establish appropriate allowances for building bulk on lots with historic buildings so as to encourage preservation of whole buildings and ensure a suitable scale of new construction in historic districts, especially in projects combining new development with preservation;

Provide appropriate economic incentives to encourage preservation and adaptation of historic buildings for current use, and the restoration of historic landmarks;

Promote compatible new construction by allowing flexibility in rear yard and court requirements, in keeping with objectives for the preservation and enhancement of historic buildings and districts; and

Encourage occupancy of historic buildings by small businesses and active uses such as arts, cultural, entertainment, retail, and housing, in keeping with the potential of historic buildings to make multiple contributions to the character of downtown.

This section applies to lots containing historic resources or to lots containing a non-historic building that received its first certificate of occupancy prior to 1936.

For the purposes of this section, a historic resource is a building or structure listed in the District of Columbia Inventory of Historic Sites or a building or structure certified in writing by the State Historic Preservation Officer as contributing to the character of the historic district in which it is located.

A building described in Subtitle I § 807.2 or Subtitle I § 807.3 shall generate one (1) credit for each square foot of undeveloped gross floor area, up to an additional 4.0 FAR, provided:

The property is not in government or foreign mission ownership;

The historic resource is fully rehabilitated pursuant to the Historic Landmark and Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law 2-144, as amended; D.C. Official Code §§ 6-1101 to 6-1115) (“The Historic Preservation Act”), and this chapter;

A non-historic building that received its first certificate of occupancy prior to 1936 is fully rehabilitated according to plans approved by the State Historic Preservation Officer;

The State Historic Preservation Officer has certified in writing to the Zoning Administrator that rehabilitation has been completed pursuant to the approved plans; and

The historic resource has not been fully rehabilitated pursuant to plans approved in accordance with the Historic Protection Act prior to January 18, 1981.

For the purposes of determining the unused development rights that generate credits, the matter-of-right densities of the applicable underlying zone districts are deemed to be 6.0 FAR in the D-1 and D-2 zones; 6.5 FAR in the D-3, D-4, D-5, and D-8 zones; and, in the D-6 and D-7 zones, 8.5 FAR for properties fronting on streets with a right-of-way less than one hundred ten feet (110 ft.) wide, or 10.0 FAR for properties fronting on streets with a right-of-way at least one hundred ten feet (110 ft.) wide.

A project that removes any incompatible intrusion into a street right-of-way of the L’Enfant Plan of Washington, as determined by the Historic Preservation Review Board, may generate additional credits by an amount equal to the gross floor area of the removed intrusion, provided the right-of-way is returned to public jurisdiction, or the property owner executes a covenant that runs with the land permanently foregoing construction above grade within the historic right-of-way.

No credits generated under this section may be transferred unless the Zoning Administrator has acknowledged the generation of the credits in a covenant, filed with the Zoning Administrator and recorded in the land records of the District of Columbia, that:

Effects a binding reduction in the unused development rights under the Zoning Regulations otherwise available to the lot, to the extent of the credits generated; and

Requires completion of the restoration of the historic resource, the non-historic building meeting the requirements of Subtitle I § 807.2, or parts thereof pursuant to plans approved by the Historic Preservation Review Board or the Mayor's Agent for Historic Preservation as required by the Historic Preservation Act.

For the purposes of administering Subtitle I § 807.7, the Historic Preservation Division, Office of Planning, shall certify in writing to the Zoning Administrator that restoration has been completed pursuant to plans approved as consistent with the Historic Preservation Act.

Prior to the completion of restoration as certified in Subtitle I § 807.8, one (1) or more Certificates of Credit Transfer described in Subtitle I § 901 may be executed pursuant to a recorded covenant as described in Subtitle I § 807.7 following issuance of a building permit for the credit-sending lot containing the historic resource or the non-historic building meeting the requirements Subtitle I § 807.2, but a certificate of occupancy for the credits on the credit-receiving lot shall not be issued until the restoration of the sending lot’s historic resource or non-historic building meeting the requirements Subtitle I § 807.2 has been certified, as provided for in Subtitle I § 807.8.

After the completion of restoration has been certified, any credits shall vest in the receiving lot without any relationship to the status of the sending lot.

Notwithstanding the requirements of Subtitle I §§ 807.9 and 807.10, up to twenty-five percent (25%) of the credits that the sending lot is eligible for may be transferred to and fully vest in a receiving lot under the following conditions:

The Certificates of Credit Transfer described in Subtitle I § 901 shall include a requirement that the monetary proceeds of the sale of credits shall be utilized by the owner of the generating lot exclusively for the cost of design and rehabilitation of the historic building;

If the financial proceeds of the transfer exceed the total cost of design and construction on the sending lot, the instrument of transfer shall provide that full funding of design and construction shall be reserved, together with a draw schedule and timetable for the construction work, prior to any other use of the funds in excess of that required for design and construction; and

The State Historic Preservation Officer has certified to the Zoning Administrator that the allocation of funds and draw schedule provided pursuant to Subtitle I § 806.7(c) are sufficient to allow the completion of the project.

A request for approval of the covenant described in Subtitle I § 807.7 may be made at any point after the rehabilitation is fifty percent (50%) complete.

The request shall be filed by the person owning the property that generated the credits, or the person’s agent and, at a minimum, contain the following information:

Name and contact information for the person or entity that will own the generated credits;

Name and contact information for, and signature of, the person or entity owning the property that generated the credit, if different than in Subtitle I § 807.13(a);

Legal description and street address of the lot or lots;

Surveyed area of the lot or lots;

Gross floor area calculations for the entire building or buildings and for each use;

Zoning requirement on the lot including total FAR limits, FAR limits for non-residential uses and FAR limits for historic structures;

Trade area designation and map for the lot or lots;

Calculation of credits generated; and

The building permit issued for the project including the plans approved by the Mayor’s Agent for Historic Preservation pursuant to the Historic Protection Act.

The covenant shall be signed by the Zoning Administrator and the State Historic Preservation Office as evidence of its compliance with the provisions of this chapter

The signature of the Mayor of the District of Columbia is not required.

The owner of the credits, upon notification by the Zoning Administrator that the covenant has been signed, shall take the covenant to the Recorder of Deeds, who shall record the covenant with the lot that generated the credit and provide the owner with two (2) certified copies of the certificate.

The owner of the credits shall provide one (1) certified copy of the covenant to the Zoning Administrator and one (1) to the Office of Planning.

The covenant shall be effective as of the recordation date of the covenant unless a later time is requested by the owner of the credits.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 69 DCR 000930 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 807

11-I9 USE OF CREDITS

11-I DCMR § 900 GENERAL REQUIREMENTS AND RESTRICTIONS

GENERAL REQUIREMENTS AND RESTRICTIONS

Subject to the limitations of this chapter, credits generated by the actions described in Subtitle I, Chapter 8 may be used to:

Reduce the amount of gross floor area of the residential use required in a building located in the D-4-R, D-5-R, or the D-6-R, or reduce the amount of gross floor area of Arts use in a building located in the Downtown Arts Sub-area regulated by Subtitle I § 607;

Construct non-residential gross floor area in excess of the maximum permitted non-residential density in the D-3 through D-8 zones either on site or within an allowed trade area, equivalent to the number of the credits transferred as evidence by one (1) or more credit certificate filed with the building permit application, up to the maximum permitted FAR of the zone; or

Allow for the termination of a covenant recorded pursuant to Subtitle I, Chapter 8 for the acknowledgment of credits in order to permit redevelopment of a site that reduces or eliminates the uses that originally generated the credits.

Trade areas in the downtown zones are identified in Figure I § 900.2:

FIGURE I § 900.2: CREDIT TRADE AREAS

900.3 Credits generated and acknowledged pursuant to Subtitle I, Chapter 8 may be used for the purposes and within the trade areas identified in the following table.

TABLE I § 900.3: CREDIT-GENERATION, PURPOSES, AND AREAS OF USE

Action Generating Credit

Section in Subtitle I, Chapter 8 Governing the Generation of the Credit

Purpose for which Credit May be Used

Area(s) in which Credit may be used (see Figure I § 900.2)

Development of residential gross floor area where it is not required or that exceeds a minimum residential requirement of Subtitle I, Chapter 5.

§ 802

Construct non-residential gross floor area in excess of the base permitted non-residential density of the D-3 through D-8 zones

Same trade area in which the credits were generated.

Reduce the residential requirements of the D-4-R, D-5-R, or D-6-R zones.

Same trade area in which the credits were generated.

Development of arts or arts-related space that exceeds the minimum area requirements of Subtitle I § 607 for such uses in the Downtown Arts Sub-Area.

§ 803

Reduce the Arts sub-area requirements of Subtitle I § 607

Downtown Arts Sub-Area (Subtitle I § 607) of trade area 2

Construct up to 0.5 FAR non-residential gross floor area in excess of the base permitted non-residential density of the D-3 through D-8 zones

Historic Preservation rehabilitation

§ 807

Construct non-residential gross floor area in excess of the base permitted non-residential density of the D-3 through D-8 zones up to the limits of Subtitle I, §§ 200.2 and 200.3. Credits cannot reduce residential requirements of the D-4-R, D-5-R, or D-6-R zones

In any trade area

Conversion of transferrable development rights (TDRs)

§ 806

Construct non-residential gross floor area in excess of the base permitted non-residential density of the D-3 through D-8 zones. Credits cannot reduce residential requirements of the D-4-R, D-5-R, or D-6-R zones

In any trade area

Conversion of unallocated combined lot development (CLD) gross floor area

§ 806

Construct non-residential gross floor area in excess of the base permitted non-residential density of the D-3 through D-8 zones

Same trade area within which the project that generated the unallocated CLD is located.

Reduce the residential requirements of the D-4-R, D-5-R, or D-6-R zones

Development of child development center, child development home or certified business enterprise in the Downtown Retail Core, Downtown Arts or Chinatown sub-areas of Subtitle I, Chapter 6.

§ 804

Construct up to 0.5 FAR non-residential gross floor area in excess of the base permitted non-residential density of the D-3 through D-8 zones

Same trade area in which the credits were generated

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 900

11-I DCMR § 901 TRANSFER OF CREDITS

TRANSFER OF CREDITS

Ownership of credits as acknowledged by the Zoning Administrator through a covenant required pursuant to Subtitle I, § 805 (for residential, arts, or preferred uses) and Subtitle I § 807 (for historic preservation) hereinafter collectively referred to as the “Credit Covenant” or acknowledged through the issuance of a Certificate of Credit Conversion pursuant to Subtitle I § 806 may be transferred by the owner of such credits at any time to any entity or individual for use on property owned by such entity or individual or for later retransfer to a property pursuant to Subtitle I § 902, provided that the property receiving the credit is located in an eligible trade area.

A transfer of credit ownership is not effectuated until the Zoning Administrator issues a Certificate of Credit Transfer and that certificate is recorded in the land records of the District of Columbia pursuant to the procedures set forth in this section.

A request for a Certificate of Credit Transfer shall be made by the owner of the credits and the entity or individual to whom the credits are to be transferred hereinafter collectively referred to as “the applicant”, and shall include:

The Credit Covenant or Certificate of Credit Conversion from which the credits are to be transferred;

Any prior Certificate of Credit Transfer from that Credit Covenant or Certificate of Credit Conversion;

A statement by the owner of the credits that the property that generated the credits is in compliance with the Credit Covenant or the CLD or TDR covenant, as applicable;

A statement by the owner of the credits that there have been no prior transfers of credit ownership from the Credit Covenant or Certificate of Credit Conversion or, if there have been prior transfers, the number of credits transferred and the number of credits that remain to be transferred; and

A draft Certificate of Credit Transfer that contains:

The name and contact information for the entity or individual owning the credits as identified in the Credit Covenant or Certificate of Credit Conversion;

The name and contact information for the individual or entity to whom the credits are to be transferred;

A description of the Credit Covenant or Certificate of Credit Conversions from which ownership of the credits is being transferred including:

The date upon which it was recorded in the land records; and

The number of generated credits;

If generated by a Credit Covenant, the action that generated the credits;

The trade area(s) and purposes for which the credits could be used;

Whether any credits have previously been transferred from the Certificate of Credit Transfer or Certificate of Credit Conversion and if so, the number of credits that remain to be transferred;

The number of the credits proposed for transfer;

The number of credits that would remain in possession of the transferring party after the proposed credit transfer;

Whether the transferred credits are to be used on a property owned by the entity or individual to whom the credits are to be transferred or are to be held for retransfer to a property; and

If the credits are to be used on a property:

The legal description of that property; and

The purpose for which the credits are to be used.

A request for a Certificate of Credit Transfer may be made at the same time as the Credit Covenant is being reviewed, provided that the Credit Covenant must be recorded in the land records prior to or simultaneously with the Certificate of Credit Transfer.

If approved, the Certificate of Credit Transfer shall be signed by the Zoning Administrator.

The signature of the Mayor of the District of Columbia is not required.

The applicant, upon notification by the Zoning Administrator that the Certificate of Credit Transfer has been signed, shall take the Certificate of Credit Transfer to the Recorder of Deeds, who shall record the certificate with the lot that generated the credits, and if applicable, with the lot that is receiving the credits, and provide the applicant with two (2) certified copies of the certificate.

The applicant shall provide one (1) certified copy to the Zoning Administrator and one (1) to the Office of Planning.

The transfer shall be effective as of the recordation date of the certificate unless a later time is requested by the applicant.

If more than one (1) transfer of credits is made from a Credit Covenant or Certificate of Credit Conversion the second Certificate of Credit Transfer and all subsequent Certificates of Credit Transfers shall be numbered “two” (2) and sequentially, and each shall include the names of the transferors and transferees involved in all previous transfers, including the amount of credits transferred and the dates of recordation of each transfer.

Credits used to achieve non-residential density shall not be retransferred unless the building that utilized the additional density is destroyed or demolished; provided that any such retransfer shall divest the property of the additional density allowed by the credits.

Credits not used may be retransferred in accordance with the provisions of Subtitle I § 902.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 69 DCR 000930 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 901

11-I DCMR § 902 RETRANSFER OF CREDITS

RETRANSFER OF CREDITS

Except as provided in Subtitle I § 901.9, ownership of credits transferred pursuant to a Certificate of Credit Transfer may be retransferred by the owner of such credits at any time to any entity or individual for use on property owned by such entity or individual, provided that the property is located in an eligible trade area

A retransfer of credit ownership is not effectuated until the Zoning Administrator issues a Certificate of Credit Retransfer and that certificate is recorded in the land records of the District of Columbia pursuant to the procedures set forth in this section.

A request for a Certificate of Credit Retransfer shall be made by the owner of the credits and the entity or individual to whom the credits are to be retransferred hereinafter collectively referred to as “the applicant”, and shall include:

The Certificate of Credit Transfer issued pursuant to Subtitle I § 901 from which the credits are to be transferred;

Any prior Certificates of Credit Retransfer from that certificate;

A statement by the owner of the credits that there have been no prior retransfers of credit ownership made from the Certificate of Credit Transfer or, if there have been prior retransfers, the number of credits retransferred and the number of credits that remain to be retransferred; and

A draft Certificate of Credit Retransfer that contains:

The name and contact information for the entity or individual owning the credits to be retransferred;

The name and contact information for the entity or individual to whom the credits are to be retransferred;

A description of the Certificate of Credit Transfer from which ownership of the credits is being transferred including:

The date upon which it was recorded in the land records; and

The number of credits transferred from the Credit Covenant;

If the generation of the credits was acknowledged by a Credit Covenant, the action that generated the credits;

The trade area(s) and purposes for which the credits may be used;

Whether any credits have previously been retransferred from the Certificate of Credit Transfer, and if so, the number of credits that remain to be retransferred;

The number of the credits proposed for retransfer;

The number of credits that would remain in possession of the transferring party after the proposed credit retransfer;

The legal description of that property to which the credits are to be used and the trade area in which it is located; and

The purpose for which the credits are to be used.

If approved, the Certificate of Credit Retransfer shall be signed by the Zoning Administrator.

The signature of the Mayor of the District of Columbia is not required.

The applicant, upon notification by the Zoning Administrator that the Certificate of Credit Retransfer has been signed, shall take the Certificate of Credit Retransfer to the Recorder of Deeds, who shall record the certificate with the lot that that is receiving the credits, and provide the applicant with two (2) certified copies of the certificate.

The applicant shall provide one (1) certified copy to the Zoning Administrator and one (1) to the Office of Planning.

The retransfer shall be effective as of the recordation date of the certificate unless a later time is requested by the applicant.

If more than one (1) retransfer of credits is made from an Acknowledgment of Credit Transfer, the second Certificate of Credit Retransfer and all subsequent Acknowledgments of Credit Retransfers shall be numbered “two” (2) and sequentially, and each shall include the names of the transferors and transferees involved in all previous retransfers, including the amount of credits retransferred and the effective dates of each retransfer.

Credits not used may be retransferred and used elsewhere according to the provisions of this section.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 69 DCR 000930 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 902

11-I49 PUBLIC SCHOOLS

11-I DCMR § 4900 GENERAL PROVISIONS

4900.1 The provisions of this chapter govern the height and bulk of public school buildings.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 4900

11-I DCMR § 4901 DEVELOPMENT STANDARDS

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 4901

11-I DCMR § 4902 PENTHOUSES OR ROOFTOP STRUCTURES

4902.1 Penthouses and rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15, and to the height and story limitations specified in each zone of this subtitle; provided that public schools shall be permitted a mechanical penthouse to a maximum height of eighteen feet, six inches (18 ft., 6 in.), or the permitted mechanical penthouse height in the zone, whichever is greater.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 4902

11-I DCMR § 4903 REAR YARD

4903.1 In the case of a lot proposed to be used by a public school that abuts or adjoins along the rear lot line a public open space, recreation area, or reservation, no rear yard shall be required.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 4903

11-I DCMR § 4904 SIDE YARD

4904.1 In the case of a lot proposed to be used by a public school that abuts or adjoins a public open space, recreation area, or reservation on a side lot line, no side yard shall be required.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 4904

11-I DCMR § 4905 SPECIAL EXCEPTION

4905.1 Exceptions to the development standards of this chapter for public schools shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 4905

11-J PRODUCTION, DISTRIBUTION, AND REPAIR (PDR) ZONES

11-J1 INTRODUCTION TO PRODUCTION, DISTRIBUTION, AND REPAIR (PDR) ZONES

11-J DCMR § 100 GENERAL PROVISIONS

100.1 Subtitle J is to be read and applied in addition to the regulations included in:

(a) Subtitle A, Authority and Applicability;

(b) Subtitle B, Definitions, Rules of Measurement, and Use Categories;

(d) Subtitle U, Use Permissions.

100.2 Geographically modified zones are indicated by letters following the base zone name, such as PDR-1/CAP or PDR-4/FT.

100.3 For those geographically modified zones, the zone boundaries are described in Subtitle W, Specific Zone Boundaries, and identified on the official Zoning Map.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 100

11-J DCMR § 101 PURPOSE AND INTENT

101.1 The Production, Distribution, and Repair (PDR) zones provide for the following:

(a) Heavy commercial and light manufacturing activities employing large numbers of people and requiring some heavy machinery under controls that minimize any adverse effect on other nearby, more restrictive zones; and

(b) Areas suitable for development as heavy industrial sites, but at the same time protect those industrial developments from the intrusion of non-industrial uses that impede the full utilization of properly located industrial sites.

2 The provisions of the PDR zones are intended to:

(a) Regulate the use of land and structures and the erection and modification of structures in areas characterized by PDR uses, typically with heavy truck traffic and loading and unloading operations;

(b) Encourage the retention of viable land to accommodate production, warehousing, distribution, light and heavy industrial, and research and development activities;

(d) Minimize encroachment by uses that are incompatible with PDR uses, including residential uses, which could impair existing PDR activities;

(e) Manage transitions between PDR-zoned areas and surrounding neighborhoods; and

(f) Ensure the environmental performance of development.

101.3 The PDR-1 zone is intended to permit moderate-density commercial and PDR activities employing a large workforce and requiring some heavy machinery under controls that minimize any adverse impacts on adjacent, more restrictive zones.

101.4 The PDR-2 zone is intended to permit medium-density commercial and PDR activities employing a large workforce and requiring some heavy machinery under controls that minimize any adverse impacts on adjacent, more restrictive zones.

101.5 The PDR-3 zone is intended to permit high-density commercial and PDR activities employing a large workforce and requiring some heavy machinery under controls that minimize any adverse impacts on adjacent, more restrictive zones.

101.6 The PDR-4 zone is intended to permit high-density commercial and PDR activities employing a large workforce and requiring some heavy machinery under controls that minimize any adverse impacts on adjacent, more restrictive zones and minimize non-industrial uses.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 101

11-J DCMR § 102 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 102

11-J DCMR § 103 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 103

11-J DCMR § 104 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 104

11-J DCMR § 105 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 105

11-J DCMR § 106 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 106

11-J2 DEVELOPMENT STANDARDS FOR PRODUCTION, DISTRIBUTION, AND REPAIR (PDR) ZONES

11-J DCMR § 200 DEVELOPMENT STANDARDS

200.1 The development standards of this chapter shall apply to all Production, Distribution, and Repair (PDR) zones except as changed by a geographically modified zone.

200.2 The development standards regulate the bulk of buildings and other structures and the spaces around them, including the following:

(a) Height and number of stories;

(b) Density and lot occupancy;

(d) Environmental performance.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 200

11-J DCMR § 201 DENSITY

201.1 Except as provided elsewhere in this title, the maximum permitted floor area ratio (FAR) shall be as set forth in the following table:

TABLE J § 201.1: MAXIMUM PERMITTED FLOOR AREA RATIO

Zones

Maximum FAR

For Subtitle J § 201.2 Use Categories

Maximum FAR

For Subtitle J § 201.3 All Other Uses

PDR-1

3.5

2.0

PDR-2

4.5

3.0

PDR-3

6.0

4.0

PDR-4

6.0

1.0

201.2 The following use categories may achieve the maximum FAR as authorized in Table J § 201.1:

(a) Agriculture, Large;

(b) Animal Sales, Care, and Boarding;

(d) Government, Large Scale;

(e) Government, Local;

(f) Production, Distribution, and Repair;

(g) Utility (basic); or

(h) Waste-Related Services.

201.3 All other matter of right or special exception uses in Subtitle U, Chapter 8 are subject to the maximum FAR authorized in the All Other Uses column in Table J § 201.1.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 201

11-J DCMR § 202 [RESERVED]

[RESERVED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 202

11-J DCMR § 203 HEIGHT

203.1 Except as provided elsewhere in this title, the maximum permitted height of buildings or structures, not including a penthouse or rooftop structure, shall be as set forth in this section.

203.2 The maximum permitted height of buildings or structures, except as provided in Subtitle J § 203.3, shall be as set forth in the following table:

TABLE J § 203.2: MAXIMUM HEIGHT

Zones

Maximum Height, Not Including Penthouse or Rooftop Structure (ft.)

PDR-1

PDR-2

PDR-3

PDR-4

203.3 Development on a lot that directly abuts a property in a residential zone as defined by Subtitle A § 101.9 with a lower height limit, shall not project above a plane drawn at a forty-five degree (45°) angle subject to the following:

(a) The plane shall be measured ten feet (10 ft.) above the matter-of-right height of the abutting residential property line; and

(b) The measuring point shall be established at the middle of the abutting residential property line.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 8555 (August 17, 2018); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 203

11-J DCMR § 204 [RESERVED]

[RESERVED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 204

11-J DCMR § 205 PENTHOUSE AND ROOFTOP STRUCTURE

205.1 The maximum permitted height of a penthouse or rooftop structure shall be as set forth in the following table:

TABLE J § 205.1: MAXIMUM PENTHOUSE AND ROOFTOP STRUCTURE HEIGHT AND NUMBER OF STORIES

Zones

Maximum Height

Maximum Number of Stories

PDR-1

12 ft., except 15 ft. for penthouse mechanical space

Second story permitted for penthouse mechanical space

PDR-2

12 ft., except 18 ft. 6 in. for penthouse mechanical space

Second story permitted for penthouse mechanical space

PDR-3

PDR-4

20 ft.

1 plus mezzanine;

Second story permitted for penthouse mechanical space

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 205

11-J DCMR § 206 [RESERVED]

[RESERVED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 206

11-J DCMR § 207 REAR YARD

207.1 Except as provided elsewhere in this title, the minimum required rear yard shall be as set forth in this section.

207.2 The minimum depth of the rear yard shall be two and one-half inches (2.5 in.) per one foot (1 ft.) of vertical distance from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof or parapet wall, but not less than twelve feet (12 ft.).

207.3 Except as required in Subtitle J § 207.5, the rear yard need not be provided below a horizontal plane twenty feet (20 ft.) above the mean finished grade at the middle of the rear of the structure.

207.4 For that portion of the structure above the horizontal plane, the depth of rear yard may be measured as follows:

(a) When the lot abuts an alley, from the center line of the alley to the rear wall of the portion immediately above the plane; or

When the lot does not abut an alley, from the rear lot line to the rear wall of the portion immediately above the plane.

207.5 Where the rear lot line of a lot abuts or is separated only by an alley from a residential zone as defined by Subtitle A § 101.9 or residential use of a property, a rear yard shall be provided from the ground up, subject to the transition setback requirements of Subtitle J § 210.

207.6 A required rear yard may be within a required transition setback provided all transitional setback conditions are met.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 207

11-J DCMR § 208 SIDE YARD

208.1 Except as provided elsewhere in this title, no side yard shall be required.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 208

11-J DCMR § 209 COURT

209.1 Courts are not required; however, where a court is provided, the court shall have the following minimum dimensions:

TABLE J § 209.1: MINIMUM COURT DIMENSIONS

Open Court

Minimum Width

Closed Court

Minimum Width

Minimum Area

2.5 in. per 1 ft. of height of court; but not less than 6 ft.

2.5 in. per 1 ft. of height of court; but not less than 12 ft.

Twice the square of the required width of court dimension based on the height of the minimum court width; but not less than 250 sq. ft.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 209

11-J DCMR § 210 TRANSITION SETBACKS

210.1 Transition setbacks apply along any and all lot lines of a lot when the lot or portion of the lot directly abuts a residential zone, a lot developed with a residential use, or an alley that abuts a residential zone, unless the PDR-zoned lot is only used for residential purposes. A residential zone is as defined in Subtitle A § 101.9.

210.2 The following required setbacks shall be provided on a lot subject to the following conditions:

(a) A twenty-five foot (25 ft.) setback shall be provided from each lot line that is directly abutting a lot in a residential zone or developed with a residential use;

(b) A twenty-five foot (25 ft.) setback shall be provided from each lot line that is abutting an alley that serves as the zone boundary line between a PDR zone and a residential zone. The depth of setback shall be measured from property line of the PDR-zoned lot; and

(c) A fifteen-foot (15 ft.) setback shall be provided from each lot line, except a front lot line, that is abutting a street less than seventy feet (70 ft.) in right-of-way width that serves as the zone boundary line between a PDR zone and a residential zone.

210.3 Any setback required by this section shall be located on the PDR-zoned lot and shall be extended as a vertical plane, parallel to the PDR-zoned lot line.

210.4 Any setback area required by this section shall not be used for storage, parking, loading, or accessory uses.

210.5 Any setback area required by this section shall be landscaped with evergreen trees subject to the following conditions:

(a) The trees shall be maintained in a healthy growing condition;

(b) The trees shall be a minimum of eight feet (8 ft.) high when planted; and

210.6 A form of screening shall be erected between the residential and PDR lots, and shall be located along the required setback identified in Subtitle J § 210.2(a). The screening shall be either:

(a) A solid wood or board-on-board fence, no less than eight feet (8 ft.) and no more than ten feet (10 ft.) in height; or

(b) A brick or stone wall, no less than eight feet (8 ft.) and no more than ten feet (10 ft.) in height.

210.7 A transition setback may be inclusive of a required rear yard provided all conditions of each section are met.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 210

11-J DCMR § 211 GREEN AREA RATIO

211.1 A lot shall have a green area ratio (GAR) of at least 0.3, except that:

(a) A lot with a principal building that is one (1) story in height shall have a GAR of at least 0.1; and

(b) A lot with a principal building that is two (2) stories in height shall have a GAR of at least 0.2.

211.2 For lots that have more than one (1) building, the GAR requirement shall be that applicable to the tallest building; unless the tallest building has a footprint less than four hundred and fifty square feet (450 sq. ft.). In such case the building with the largest footprint shall constitute the principal building for the purposes of determining the GAR requirement.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 211

11-J3 CAPITOL INTEREST PRODUCTION, DISTRIBUTION, AND REPAIR ZONE - PDR-1/CAP

11-J DCMR § 300 PURPOSE AND INTENT

300.1 The base zone development standards in Subtitle J, Chapter 2 shall apply to the PDR-1/CAP zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

300.2 In addition to the purposes of the PDR-1 zone, the purposes of the Capitol Interest Production, Distribution, and Repair (PDR-1/CAP) zone are to:

(b) Reflect the importance of and provide sufficient controls for the area adjacent to the U.S. Capitol;

(d) Restrict some of the permitted uses to reduce the possibility of harming the site, building, or zone to be protected.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 300

11-J DCMR § 301 DENSITY

301.1 In the PDR-1/CAP zone, the maximum permitted floor area ratio (FAR) of buildings or structures shall be as set forth in the following table:

TABLE J § 301.1: MAXIMUM PERMITTED FLOOR AREA RATIO

Zone

Maximum FAR

For Subtitle J § 301.2 Use Categories

Maximum FAR

For Subtitle J § 301.3 All Other Uses

PDR-1/CAP

3.5

1.8

301.2 The following use categories may achieve the maximum FAR as authorized in Table J § 301.1:

(a) Agriculture, Large;

(b) Animal Sales, Care, and Boarding;

(d) Government, Large Scale;

(e) Government, Local;

(f) Production, Distribution and Repair;

(g) Utility (basic); or

(h) Waste-Related Services.

301.3 All other permitted, conditional, or special exception uses are subject to the maximum FAR authorized in the All Other Uses column in Table J § 301.1.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016); as amended by Final Rulemaking published at 67 DCR 12690 (October 30, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 301

11-J DCMR § 302 HEIGHT

302.1 In the PDR-1/CAP zone, the maximum permitted height of all buildings or structures, not including a penthouse or rooftop structure, shall be forty feet (40 ft.) and three (3) stories.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 302

11-J DCMR § 303 PENTHOUSE AND ROOFTOP STRUCTURE

303.1 The maximum permitted height of a penthouse or rooftop structure shall be ten feet (10 ft.) and one (1) story.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 303

11-J DCMR § 304 SPECIAL EXCEPTION REVIEW CRITERIA

304.1 In reviewing an application for a special exception in the PDR-1/CAP zone, in addition to the applicable criteria of this subtitle and of Subtitle X, Chapter 9, the Board of Zoning Adjustment shall consider whether the proposed development is:

(a) Compatible with the present and proposed development of the neighborhood;

304.2 Upon receipt of the application, the Board of Zoning Adjustment shall refer the application to:

The Architect of the Capitol for review and report; and

The Office of Planning for review, report, and impact assessment along with coordination of reviews in writing of all relevant District departments and agencies including:

(1) The District Department of Transportation;

(2) The Department of Housing and Community Development; and

(3) The Historic Preservation Office if the application involves a historic district or historic landmark.

304.3 The Board may require special treatment and impose reasonable conditions as it deems necessary to mitigate any adverse impacts identified in the consideration of the application.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 304

11-J4 FORT TOTTEN PRODUCTION, DISTRIBUTION, AND REPAIR ZONES - PDR-1/FT AND PDR-4/FT

11-J DCMR § 400 PURPOSE AND INTENT

400.1 The base zone development standards in Subtitle J, Chapter 2 shall apply to the PDR-1/FT and PDR-4/FT zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

400.2 In addition to the purposes of the PDR zones, the purposes of the Fort Totten PDR zones (PDR-1/FT and PDR-4/FT) are to:

(a) Encourage future development while enabling existing industries to remain in the District; and

(b) Protect surrounding residential areas from the adverse impacts of existing industrial support uses by means of the buffering standards.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 11927 (October 26, 2018); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 400

11-J DCMR § 401 HEIGHT

401.1 In the PDR-1/FT and PDR-4/FT zones, the maximum building height not including a penthouse or rooftop structure, shall be as set forth in the following table:

TABLE J § 401.1: MAXIMUM HEIGHT

Zones

Maximum Height, Not Including a Penthouse or Rooftop Structure (ft.)

PDR-1/FT

PDR-4/FT

401.2 In the PDR-4/FT zone, a building, not including a penthouse or rooftop structure, may be erected to a height of ninety feet (90 ft.), if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, provided that the applicant demonstrates to the Board’s satisfaction that the proposed building will not degrade or obstruct views and vistas from the historic fortification of Fort Totten.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3163 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 401

11-J5 ALLEY LOT REGULATIONS (PDR)

11-J DCMR § 500 GENERAL PROVISIONS

500.1 The following development standards shall apply to buildings on Alley Record Lots in PDR zones. The base zone development standards shall also apply except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.

TABLE J § 500.1: ALLEY LOT DEVELOPMENT STANDARDS (PDR)

(a)

Maximum Height

If the alley lot is located in a square with R or RF zoned properties

25 ft.

All other alley lots

30 ft., including the penthouse

(b)

Maximum Lot Occupancy

No Maximum

(c )

Minimum Yard Dimensions

5 ft. from any portion of a lot line that abuts any non-Alley Lots; Otherwise none required.

Minimum Side Yard

5 ft. from any lot line of all abutting non-Alley Lots

(d)

Minimum Alley Centerline Setback

7.5 ft. from the centerline of all abutting alleys

(e)

Transition setbacks

As required by zone

(f)

Green Area Ratio

As required by zone

History

SOURCE: Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 500

11-J49 PUBLIC SCHOOLS

11-J DCMR § 4900 GENERAL PROVISIONS

4900.1 The provisions of this chapter govern the height and bulk of public school buildings.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 4900

11-J DCMR § 4901 DEVELOPMENT STANDARDS

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 4901

11-J DCMR § 4902 PENTHOUSES OR ROOFTOP STRUCTURES

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 4902

11-J DCMR § 4903 REAR YARD

4903.1 In the case of a lot proposed to be used by a public school that abuts or adjoins along the rear lot line a public open space, recreation area, or reservation, no rear yard shall be required.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 4903

11-J DCMR § 4904 SIDE YARD

4904.1 In the case of a lot proposed to be used by a public school that abuts or adjoins a public open space, recreation area, or reservation on a side lot line, no side yard shall be required.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 4904

11-J DCMR § 4905 SPECIAL EXCEPTION

4905.1 Exceptions to the development standards of this chapter for public schools shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 4905

11-J52 RELIEF FROM REQUIRED DEVELOPMENT STANDARDS FOR PRODUCTION, DISTRIBUTION, AND REPAIR (PDR) ZONES

11-J DCMR § 5200 GENERAL PROVISIONS

5201.1 Except for Density, Height, Penthouse and Rooftop Structure and Green Area Ratio, the Board of Zoning Adjustment may grant relief from the development standards of this subtitle, as a special exception subject to the criteria at Subtitle X, Chapter 9.

History

SOURCE: Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Production, Distribution, and Repair (PDR) Zones 11-J DCMR § 5200

11-K SPECIAL PURPOSE ZONES

11-K1 INTRODUCTION TO SPECIAL PURPOSE ZONES

11-K DCMR § 100 GENERAL PROVISIONS

GENERAL PROVISIONS

100.1 Subtitle K is to be read and applied in addition to the regulations included in:

(a) Subtitle A, Authority and Applicability;

(b) Subtitle B, Definitions, Rules of Measurement, and Use Categories;

(d) Subtitle U, Use Permissions.

100.2 For those zones with a geographic identifier, the zone boundaries are described in Subtitle W, Specific Zone Boundaries, and identified on the official Zoning Map.

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 100

11-K DCMR § 101 PURPOSE AND INTENT

101.1 The purpose of the special purpose zones is to provide for single large sites that require a cohesive, self-contained set of regulations to guide site design, building height and bulk, land uses, or other aspects of development.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 014144 (December 31, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 101

11-K2 SOUTHEAST FEDERAL CENTER ZONES - SEFC-1 THROUGH SEFC-4

11-K DCMR § 200 GENERAL PROVISIONS (SEFC)

GENERAL PROVISIONS (SEFC)

The Southeast Federal Center (SEFC) zones (SEFC-1 through SEFC-4) provide for the development of a vibrant, urban, mixed-use, waterfront neighborhood, offering a combination of uses that will attract residents, office workers, and visitors from across the District of Columbia and beyond.

The purposes of the SEFC zones are to:

Assure development of the area with a mixture of residential and commercial uses and a suitable height, bulk, and design of buildings, as generally identified in the Comprehensive Plan, and in recognition of the objectives of the Anacostia Waterfront Initiative and the Near Southeast Urban Design Framework Plan;

Encourage high-density residential development with a pedestrian-oriented streetscape through flexible zoning parameters;

Encourage a variety of support and visitor-related uses, such as retail, service, entertainment, cultural, and hotel or inn uses;

Provide for a reduced height and bulk of buildings along the Anacostia riverfront in the interest of ensuring views over and around waterfront buildings, and provide for continuous publicly-accessible open space along the waterfront;

Require suitable ground-floor level retail and service uses near the Navy Yard Metrorail station, along M Street, S.E., near the SEFC-4 zone, and at other key pedestrian locations;

Encourage the design and development of properties in a manner that is sensitive to the adjacent Navy Yard and the historically significant buildings within the SEFC zones; and

Establish zoning incentives and restrictions to provide for the development of a publicly-accessible park along the Anacostia River and encourage uses in that park as permitted in the SEFC-4 zone.

200.3 The SEFC-1 zones provide for high-density mixed-use development with ground floor retail, with bonus density and height for development proximate to the Navy Yard Metrorail Station and the proposed 1½ Street, and with review of the relationship of new buildings to the M Street, S.E. corridor and the adjacent Washington Navy Yard. The SEFC-1 zones consist of the SEFC-1-A zone, which permits high-density commercial or residential use with ground floor retail on parcels A, F, and G near the Navy Yard Metrorail Station entrance, and the SEFC-1-B zone, which promotes a mix of high-density residential and medium-density commercial development with ground floor retail on parcels D, E, K, H, and I. The Property descriptions and zone district for each parcel is as follows:

Parcel

Square

Lot(s)

Zone

743

SEFC-1A

743

SEFC-1A

743

SEFC-1A

744

807

SEFC-1B

744

807

SEFC-1B

770

SEFC-1B

771

811, 813, 814, 7000-7010

SEFC-1B

853

All (Also referred to in § 203.2 as Parcel E1)

SEFC-1B

883

Portion bounded by M Street on the north, Isaac Hull Avenue on the east, and Tingey Street on the south

SEFC-1B

The SEFC-2 zone provides for high-density residential development with limited ground floor retail, and the review of the relationship of new buildings to the SEFC waterfront park open space area.

The SEFC-3 zone provides for medium-density residential development with limited ground floor retail, and the review of the relationship of new buildings to the SEFC waterfront park open space area.

The SEFC-4 zone provides for a five (5) acre minimum public park along the Anacostia River, with defined areas for retail, cultural, education, and institutional uses to serve residents of the neighborhood and the District of Columbia.

Additional objectives for the SEFC-4 zones are to:

Encourage open space;

Promote a lively, interactive waterfront environment;

Discourage parking;

Provide a development area for retail, cultural, educational, and institutional uses;

Provide an open space area, intended to be the site of open space recreation use as well as limited uses that are directly waterfront dependent; and

Allow for a continuous publicly-accessible pedestrian and bicycle trail along and adjacent to the waterfront as part of the Anacostia Waterfront Trail system.

The SEFC-4 zone is divided into two geographic areas:

SEFC-4 development area, consisting of (1) the northeastern portion of the SEFC- 4 zone, specifically the existing Building 173 and that portion of the SEFC-4 zone located directly to the east of Building 173, north of a line extending east from the south elevation of Building 173, and (2) the far eastern portion of the SEFC-4 zone that is immediately south of the Washington Navy Yard and is identified in the Southeast Federal Center Master Plan as Parcel P3; and

SEFC-4 open space area, consisting of all property within the SEFC-4 zone that is located outside of the development area.

Notwithstanding the subdivision requirements of Subtitle C § 302, two (2) or more principal buildings or structures may be erected as a matter-of-right on a single lot within the SEFC-4 zone provided that such principal buildings or structures comply with all other theoretical lot subdivision requirements of Subtitle C § 305, except that the maximum permitted density for the SEFC-4 zone District shall be aggregated across the entire SEFC-4 zone and allocated to each theoretical lot in any manner so long as the maximum permitted density set forth in Subtitle K § 230 is not exceeded.

The parking requirements are as follows:

The provision of vehicular parking spaces shall not be required. Any parking spaces and access provided shall conform to the requirements of Subtitle C, Chapter 7;

Bicycle parking spaces shall be required, in accordance with the standards of Subtitle C, Chapter 8; and

Parking for marine and parks and recreation uses, including any accessory uses, shall be located in accordance with the provisions of Subtitle C §1102.

200.11 Penthouses and rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15, and the height and story limitations specified in each zone of this chapter.

200.12 The Inclusionary Zoning (IZ) requirements, and the available IZ modifications and bonus density, shall apply to the SEFC zones except for:

(a) Properties subject to a land disposition or other agreement with the District of Columbia that mandates the provision of affordable housing; provided that these properties shall be subject to IZ requirements for new penthouse habitable space as described in Subtitle C § 1507.2; and

Penthouses and rooftop structures in residential rental buildings.

200.13 The matter-of-right height, penthouse and rooftop structure height, and floor area ratio limits shall serve as the maximums permitted building height, penthouse and rooftop structure height, and floor area ratio for a planned unit development (PUD) for each SEFC zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 7200 (July 6, 2018); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 72 DCR 012752 (November 14, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 200

11-K DCMR § 201 DEVELOPMENT STANDARDS (SEFC-1)

DEVELOPMENT STANDARDS (SEFC-1)

201.1 The development standards in Subtitle K §§ 202 through 210 control the bulk of structures in the SEFC-1 zones.

201.2 In addition to the development standards set forth in this subtitle, additional general regulations relevant to this subtitle can be found in Subtitle C.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 65 DCR 7200 (July 6, 2018). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 201

11-K DCMR § 202 DENSITY - FLOOR AREA RATIO (FAR) (SEFC-1)

DENSITY – FLOOR AREA RATIO (FAR) (SEFC-1)

202.1 The maximum permitted floor area ratio (FAR) for buildings in the SEFC-1-A zone (i.e. Parcels A, F, and G) shall be 6.0, except that an additional density of up to 1.0 FAR is permitted, if reviewed and approved by the Zoning Commission pursuant to the standards and procedures of Subtitle K §§ 237.4 and 241; provided that:

To the extent that the approved additional FAR is devoted to residential uses, a minimum of eight percent (8%) of the additional residential density utilized shall be devoted to three (3) bedroom units that:

May be located anywhere within the residential building:

Shall be set aside for households earning fifty percent (50%) or less of the Median Family Income for a term of not less than thirty (30) years beginning on the date that certificate of occupancy is issued; and

May also serve as units that are set aside as affordable units pursuant to the terms of any land disposition or other agreement with the District of Columbia that mandates the provision of affordable housing; and

The reduction or elimination of the requirements of paragraph (a) may be permitted by the Commission upon a showing by the applicant that exceptional circumstances affecting the property make compliance with this requirement difficult or impossible.

202.2 The maximum permitted FAR for buildings in the SEFC-1-B zone (i.e. Parcels D, E, H, I, and K) shall be 6.0 with a maximum of 3.0 FAR for non-residential uses, except an additional density of up to 1.0 FAR is permitted on Parcels H or I if reviewed and approved by the Zoning Commission, pursuant to the standards and procedures of Subtitle K §§ 237.4 and 241; provided that:

The additional density granted is devoted solely to residential uses, which for the purposes of this paragraph does not include a hotel; and

A minimum of eight percent (8%) of the additional density utilized is devoted to three (3) bedroom units, that:

May be located anywhere within the residential building;

The reduction or elimination of the requirements of paragraph (b) may be permitted by the Commission upon a showing by the applicant that exceptional circumstances affecting the property make compliance with this requirement difficult or impossible.

A record lot may be created with respect to the parcel on which Building 167 is located, notwithstanding other requirements of Subtitle C, Chapter 3. Any enlargements or additions to Building 167 shall comply with all requirements of this title.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 65 DCR 7200 (July 6, 2018). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 202

11-K DCMR § 203 HEIGHT (SEFC-1)

203.1 The maximum permitted building height, not including the penthouse or rooftop structure, in the SEFC-1 zones shall be on hundred and ten feet (110 ft.), except that:

The maximum permitted building height for Parcel A shall be one hundred thirty feet (130 ft.); and

An additional twenty feet (20 ft.) of building height is permitted in Parcels F, G, and H if reviewed and approved by the Zoning Commission pursuant to the standards and procedures of Subtitle K §§ 237.4 and 241.

203.2 Sites fronting on M Street, S.E., east of 4th Street, S.E., are restricted to a height of ninety feet (90 ft.) except that:

For Parcels D and E1, an additional twenty feet (20 ft.) of building height is permitted if reviewed and approved by the Zoning Commission pursuant to paragraph (c) of this subsection and the procedures of Subtitle K § 241;

For the remaining portions of Parcel E (i.e. excluding Parcel E1), an additional twenty feet (20 ft.) of building height is permitted only for a building that will be occupied by a federal use as a primary use, if such height is reviewed and approved by the Zoning Commission pursuant to paragraph (c) of this subsection and the procedures of Subtitle K § 241; and

For the purposes of the paragraph (a) and (b) reviews, the Zoning Commission shall consider the relationship of the new building to the Navy Yard and to the east and the report and consider recommendations of the United States Navy submitted pursuant to Subtitle K § 242.3. The Zoning Commission may require graduated height and/or design features because of the building’s proximity to the Navy Yard.

The maximum permitted height of a penthouse or rooftop structure shall be twenty feet (20 ft.) and the maximum number of stories shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.

203.4 The maximum permitted height of a penthouse shall be twenty feet (20 ft.), and the maximum number of stories within the penthouse shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 6110 (June 30, 2017); as amended by Final Rulemaking published at 65 DCR 7200 (July 6, 2018); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 203

11-K DCMR § 204 LOT OCCUPANCY (SEFC-1)

LOT OCCUPANCY (SEFC-1)

204.1 The maximum permitted lot occupancy in the SEFC-1 zones shall be one hundred percent (100%) for non-residential uses and seventy-five percent (75%) for residential uses.

A building occupied by both residential and non-residential preferred uses provided in accordance with Subtitle K § 206.3 shall be permitted one hundred percent (100%) lot occupancy for the ground and second stories.

No public recreation and community center shall occupy more than twenty percent (20%) of the lot upon which it is located; except that it may occupy up to forty percent (40%) if approved by the Zoning Commission, provided that the agency shows that the increase is consistent with the preservation of open space.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 7200 (July 6, 2018). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 204

11-K DCMR § 205 FRONT SETBACK (SEFC-1)

FRONT SETBACK (SEFC-1)

205.1 A front setback of fifteen feet (15 ft.) minimum for the entire height and frontage of each new building along M Street, S.E., measured from the face of the adjacent curb along M Street, S.E., shall be required in the SEFC-1 zones.

205.2 A front setback of twenty feet (20 ft.) minimum for the entire height and frontage of each new building along the east side of 4th Street, S.E., measured from the face of the adjacent curb along 4th Street, S.E., shall be required in the SEFC-1 zones.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 7200 (July 6, 2018). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 205

11-K DCMR § 206 REAR YARD (SEFC-1)

REAR YARD (SEFC-1)

206.1 A rear yard of two and one-half inches (2.5 in.) per one foot (1 ft.) of height or a minimum of twelve feet (12 ft.) shall be provided for each structure located in the SEFC-1 zones.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 7200 (July 6, 2018). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 206

11-K DCMR § 207 SIDE YARD (SEFC-1)

SIDE YARD (SEFC-1)

No side yard is required; however, any side yard provided shall be five feet (5 ft.) minimum.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 207

11-K DCMR § 208 COURT (SEFC-1)

COURT (SEFC-1)

Where a court is provided, it shall have the following minimum dimensions:

TABLE K § 208.1: MINIMUM COUTYARD DIMENSIONS

Type of Structure

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

Residential (except hotel):

4 in./ft. of height of court;

10 ft. minimum.

4 in./ft. of height of court;

15 ft. minimum.

Twice the square of the required width of court dimension;

350 sq. ft. minimum.

Non-Residential and Lodging:

2.5 in./ft.) of height of court;

6 ft. minimum.

2.5 in./ft. of height of court;

12 ft. min.

Twice the square of the required width of court dimension;

250 sq. ft. minimum.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 208

11-K DCMR § 209 GREEN AREA RATIO (SEFC-1)

GREEN AREA RATIO (SEFC-1)

A minimum green area ratio (GAR) of 0.20 shall be required in the SEFC-1 zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 7200 (July 6, 2018). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 209

11-K DCMR § 210 GROSS FLOOR AREA (SEFC-1)

GROSS FLOOR AREA (SEFC-1)

Non-residential floor area shall be the total gross floor area of the building not dedicated to uses in one (1) of the following use categories:

Residential;

Emergency shelter; or

Lodging.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 210

11-K DCMR § 211 DRIVEWAYS AND PARKING (SEFC-1)

DRIVEWAYS AND PARKING (SEFC-1)

No driveway may be constructed or used from M Street, S.E. to vehicular parking spaces in or adjacent to a new building.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 211

11-K DCMR § 212 LOADING (SEFC-1)

LOADING (SEFC-1)

No driveway may be constructed or used from M Street, S.E. to access loading spaces in or adjacent to a new building.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 212

11-K DCMR § 213 DEVELOPMENT STANDARDS (SEFC-2)

DEVELOPMENT STANDARDS (SEFC-2)

The development standards in Subtitle K §§ 214 through 220 control the bulk of structures in the SEFC-2 zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 213

11-K DCMR § 214 DENSITY - FLOOR AREA RATIO (FAR) (SEFC-2)

DENSITY – FLOOR AREA RATIO (FAR) (SEFC-2)

The maximum permitted FAR for a building in the SEFC-2 zone shall be 6.0 with a maximum of 0.5 FAR for non-residential uses.

The density associated with preferred uses shall be in addition to otherwise permitted density, and shall not exceed 0.5 FAR.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 214

11-K DCMR § 215 HEIGHT (SEFC-2)

HEIGHT (SEFC-2)

The maximum permitted building height, not including the penthouse or rooftop structure, in the SEFC-2 zone shall be one-hundred and ten feet (110 ft.).

For the purposes of determining maximum height permitted under the Height Act of 1910, and for achieving the height permitted in Subtitle K § 215.1, the SEFC-2 zone is considered a "mixed-use" zone.

Maximum height shall be that equal to the width of the adjacent right-of-right, increased by twenty feet (20 ft.), but not to exceed one hundred and thirty feet (130 ft.), or less if otherwise restricted by the Height Act.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 215

11-K DCMR § 216 LOT OCCUPANCY (SEFC-2)

LOT OCCUPANCY (SEFC-2)

The maximum permitted lot occupancy in the SEFC-2 zone shall be seventy-five percent (75%).

A building occupied by both residential and non-residential preferred uses provided in accordance with Subtitle K § 207.3 shall be permitted one hundred percent (100%) lot occupancy for the ground and second stories.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 216

11-K DCMR § 217 REAR YARD (SEFC-2)

REAR YARD (SEFC-2)

A rear yard of two and one-half inches (2.5 in.) per one foot (1 ft.) of height or a minimum of twelve feet (12 ft.) shall be provided for each structure located in the SEFC-2 zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 217

11-K DCMR § 218 SIDE YARD (SEFC-2)

SIDE YARD (SEFC-2)

No side yard is required; however, any side yard provided shall be five feet (5 ft.) minimum.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 218

11-K DCMR § 219 COURT (SEFC-2)

COURT (SEFC-2)

Where a court is provided, it shall have the following minimum dimensions:

TABLE K § 219.1: MINIMUM COUTYARD DIMENSIONS

Type of Structure

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

Residential (except hotel):

4 in./ft. of height of court;

10 ft. minimum.

4 in./ft. of height of court;

15 ft. minimum.

Twice the square of the required width of court dimension;

350 sq. ft. minimum.

Non-Residential and Lodging:

2.5 in./ft. of height of court;

6 ft. minimum.

2.5 in./ft. of height of court;

12 ft. min.

Twice the square of the required width of court dimension;

250 sq. ft. minimum.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 219

11-K DCMR § 220 GREEN AREA RATIO (SEFC-2)

GREEN AREA RATIO (SEFC-2)

A minimum GAR of 0.3 shall be required in the SEFC-2 zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 220

11-K DCMR § 221 DEVELOPMENT STANDARDS (SEFC-3)

DEVELOPMENT STANDARDS (SEFC-3)

The development standards in Subtitle K §§ 222 through 228 control the bulk of structures in the SEFC-3 zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 221

11-K DCMR § 222 DENSITY - FLOOR AREA RATIO (FAR) (SEFC-3)

DENSITY – FLOOR AREA RATIO (FAR) (SEFC-3)

The maximum permitted FAR for building in the SEFC-3 zone shall be 3.5 with a maximum of 0.5 FAR for non-residential uses.

The density associated with preferred uses shall be in addition to otherwise permitted density, and shall not exceed 0.5 FAR.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 222

11-K DCMR § 223 HEIGHT (SEFC-3)

HEIGHT (SEFC-3)

The maximum permitted building height, not including the penthouse or rooftop structure, in the SEFC-3 zone shall be ninety feet (90 ft.).

For the purposes of determining maximum height permitted under the Height Act, and for achieving the height permitted in Subtitle K § 203.1, the SEFC-3 zone is considered a "mixed-use" zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 223

11-K DCMR § 224 LOT OCCUPANCY (SEFC-3)

LOT OCCUPANCY (SEFC-3)

The maximum permitted lot occupancy in the SEFC-3 zone shall be seventy-five percent (75%).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 224

11-K DCMR § 225 REAR YARD (SEFC-3)

REAR YARD (SEFC-3)

A rear yard of two and one-half inches (2.5 in.) per one foot (1 ft.) of height or a minimum of twelve feet (12 ft.) shall be provided for each structure located in the SEFC-3 zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 225

11-K DCMR § 226 SIDE YARD (SEFC-3)

SIDE YARD (SEFC-3)

No side yard is required; however, any side yard provided shall be four feet (4 ft.) minimum.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 226

11-K DCMR § 227 COURT (SEFC-3)

COURT (SEFC-3)

Where a court is provided, it shall have the following minimum dimensions:

TABLE K § 227.1: MINIMUM COUTYARD DIMENSIONS

Type of Structure

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

Residential (except hotel):

4 in./ft. of height of court;

10 ft. minimum.

4 in./ft. of height of court;

15 ft. minimum.

Twice the square of the required width of court dimension;

350 sq. ft. minimum.

Non-Residential and Lodging:

2.5 in./ft. of height of court;

6 ft. minimum.

2.5 in./ft. of height of court;

12 ft. min.

Twice the square of the required width of court dimension;

250 sq. ft. minimum.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 227

11-K DCMR § 228 GREEN AREA RATIO (SEFC-3)

GREEN AREA RATIO (SEFC-3)

A minimum GAR of 0.3 shall be required in the SEFC-3 zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 228

11-K DCMR § 229 DEVELOPMENT STANDARDS (SEFC-4)

DEVELOPMENT STANDARDS (SEFC-4)

The development standards in Subtitle K §§ 230 through 235 control the bulk of structures in the SEFC-4 zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 229

11-K DCMR § 230 DENSITY - FLOOR AREA RATIO (FAR) (SEFC-4)

DENSITY – FLOOR AREA RATIO (FAR) (SEFC-4)

The maximum permitted FAR in the SEFC-4 zone shall be 0.5.

FAR shall be the gross floor area of all buildings and structures located on land and any associated permanent structure located on, in, or over water, other than a floating home, divided by the total area of the lot.

The FAR on a lot used exclusively for recreational use, marina, yacht club, or boathouse buildings and structures shall not exceed 0.75.

The gross floor area of existing Building 173 shall not count toward any FAR computation. The second story of Building 173 may be used for general office purposes; provided that any such office space is suitably designed for future occupancy by retail uses and to not adversely impact ground floor retail uses.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 72 DCR 003490 (March 28, 2025); as amended by Final Rulemaking published at 72 DCR 012752 (November 14, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 230

11-K DCMR § 231 HEIGHT (SEFC-4)

HEIGHT (SEFC-4)

The maximum permitted building height, not including the penthouse or rooftop structure, in the SEFC-2 zone shall be forty feet (40 ft.).

A building or structure located on, in or over the water; or a watercraft, including a floating home shall have a height of twenty-five feet (25 ft.) maximum. For the purposes of this subsection, the maximum height shall be measured from the mean high water level along the shore directly in front of the building, structure or watercraft to the highest point of the building or structure, not including sailboat masts.

The maximum permitted height of a penthouse or rooftop structure shall be twelve feet (12 ft.) except that a height of fifteen feet (15 ft.) shall be permitted for penthouse mechanical space; and the maximum number of stories shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 231

11-K DCMR § 232 LOT OCCUPANCY (SEFC-4)

LOT OCCUPANCY (SEFC-4)

The maximum permitted lot occupancy in the SEFC-4 zone shall be twenty-five percent (25%), except as provided in Subtitle K § 232.3.

Lot occupancy shall be the total area occupied by all buildings and structures located on land and by any associated permanent structure located on, in, or over water, other than a floating home, divided by the total area of the lot.

The lot occupancy on a lot used exclusively for a recreational use, marina, yacht club, or boathouse buildings and structures shall not exceed fifty percent (50%).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 232

11-K DCMR § 233 SIDE YARD (SEFC-4)

SIDE YARD (SEFC-4)

A minimum required side yard of twelve feet (12 ft.) shall be provided in the SEFC-4 zone.

No side yard is required for any building or structure located entirely on, over, or in the water. If a side yard is provided, its minimum width shall be at least five feet (5 ft.).

Any building or structure located in whole or in part on land shall provide a side yard on each side of twelve feet (12 ft.) minimum.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 233

11-K DCMR § 234 COURT (SEFC-4)

COURT (SEFC-4)

Where a court is provided, it shall have the following minimum dimensions:

TABLE K § 234.1: MINIMUM COUTYARD DIMENSIONS

Type of Structure

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

Residential (except hotel):

4 in./ft. of height of court;

10 ft. minimum.

4 in./ft. of height of court;

15 ft. minimum.

Twice the square of the required width of court dimension;

350 sq. ft. minimum.

Non-Residential and Lodging:

2.5 in./ft. of height of court;

6 ft. minimum.

2.5 in./ft. of height of court;

12 ft. minimum.

Twice the square of the required width of court dimension;

250 sq. ft. minimum.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 234

11-K DCMR § 235 WATERFRONT SETBACK (SEFC-4)

WATERFRONT SETBACK (SEFC-4)

A waterfront setback shall be provided in accordance with the provisions of Subtitle C, Chapter 11.

The waterfront setback shall have a depth of one hundred feet (100 ft.) minimum.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 235

11-K DCMR § 236 PREFERRED USE PROVISIONS (SEFC-4)

PREFERRED USE PROVISIONS (SEFC-4)

The following uses groups shall be considered preferred uses within the SEFC zones:

Animal care, sales, and boarding provided there is no overnight boarding of dogs except for convalescence at a veterinary hospital;

Arts, design, and creation;

Eating and drinking establishments;

Medical Care;

Retail;

Financial service provided a bank or financial institution shall not be located at the intersection of two streets; and

General service.

Preferred uses shall be located on the ground-floor and street-oriented.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 236

11-K DCMR § 237 USE PERMISSIONS (SEFC-1)

USE PERMISSIONS (SEFC-1)

237.1 Except as prescribed below, use permissions, including uses permitted as a matter of right, as a special exception, and as an accessory use, and uses not permitted shall be in accordance with the MU-Use Group G of Subtitle U, Chapter 5.

237.2 Notwithstanding Subtitle K § 237.1, the following additional use restrictions and permissions of this section shall apply in the SEFC-1 zone.

237.3 Uses subject to special exception review in the MU-Use Group G that are not listed in Subtitle K § 237.4 as being subject to Zoning Commission review and approval, are not permitted within the SEFC-1 zone.

237.4 Within the SEFC-1 zones, the following buildings, structures, and uses are permitted only if reviewed and approved by the Zoning Commission, in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242:

All buildings and structures that have frontage along M Street, S.E. or for which the Zoning Commission considers a request for the additional density or height authorized by Subtitle K §§ 202 or 203; subject also to the applicant proving ding that the architectural design, site plan, landscaping, and sidewalk treatment of the proposed building:

Are of superior quality;

For buildings on Parcel A, accommodate the design of the public entrance to the Navy Yard Metrorail Station on Parcel A The applicant shall demonstrate proactive engagement with the Washington Metrorail Area Transit Authority (WMATA) in the planning and design of Parcel A as a part of the above design review as set forth below:

(A) If the applicant moves forward with the design of Parcel A before WMATA is ready to construct the third entrance the applicant shall demonstrate that it has coordinated with WMATA to determine how to ensure that the design of Parcel A accommodates the planned entrance; and

(B) If WMATA moves forward with the construction of the third entrance before the applicant is ready to develop Parcel A, the applicant shall demonstrate that it has coordinated with WMATA to integrate the entrance into the design of Parcel A;

Ensure the provision of 1 1/2 Street, S.E. and N Street, S/E. as open and uncovered multimodal circulation routes; and

Provide three (3) bedroom dwelling units as required pursuant to Subtitle K § 202.1.

237.5 Preferred uses listed in Subtitle K § 236 shall be permitted in accordance with the following criteria:

Any building or structure with frontage on M Street, S.E. or N Street, S.E. shall provide preferred uses comprising a minimum of seventy-five percent (75%) of the frontage on M Street, S.E. or N Street, S.E. and a minimum of seventy-five percent (75%) of that portion of the gross floor area of the ground floor within a depth of fifty feet (50 ft.) from the exterior façade of the front of building, not including parking, parking access, mechanical and fire control rooms, and other non-public spaces. This requirement shall not apply to:

Buildings directly south of the historic wall along M Street, S.E., between 4th Street, S.E. and the Washington Navy Yard, for so long as the wall remains; or

Any addition to a building with frontage on M Street, S.E. or N Street, S.E. if the addition to such building has no frontage on such streets but, as allowed pursuant to Subtitle K § 237.5(b), preferred uses may be provided on the ground floor level of such buildings;

In addition to the preferred uses listed in Subtitle K § 236, the preferred use space requirement of Subtitle K § 237.5(a) may also be met by any use listed in Subtitle K §§ 237.4(a) through (n), if reviewed and approved by the Zoning Commission in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242;

In addition to the locations in which preferred uses are required pursuant to Subtitle K § 237.5(a), preferred uses may be provided on the ground floor level of buildings in other areas within the SEFC-1 zone, but are not required. If provided, such preferred use area shall not be required to conform to the requirements of Subtitle K §§ 237.5(a), (f), (g), and (h);

For good cause shown, the Zoning Commission may authorize interim occupancy of the preferred use space required under Subtitle K § 237.5(a) by other uses permitted in the SEFC zones for up to a five (5) year period; provided that the ground-floor space is suitably designed for future occupancy by preferred uses;

Not less than fifty percent (50%) of the surface area of the street wall, including building entrances, of those building frontages described in Subtitle K § 237.5(a) shall be devoted to doors or display windows having clear or low emissivity glass;

Preferred uses shall provide direct, exterior access to the ground level; and

(g) The minimum floor-to-ceiling height for portions of the ground floor level devoted to preferred uses shall be fourteen feet (14 ft.); and

(h) Changes to the type, amount, and location of preferred uses required under Subtitle K § 237.5(a) shall be permitted if reviewed and approved by the Zoning Commission in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 65 DCR 7200 (July 6, 2018). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 237

11-K DCMR § 238 USE PERMISSIONS (SEFC-2 AND SEFC-3)

USE PERMISSIONS (SEFC-2 AND SEFC-3)

Except as prescribed below, use permissions, including uses permitted as a matter of right, as a special exception and as an accessory use, and uses not permitted shall be in accordance with the use provisions of the RA-5 zone of Subtitle U, Chapter 4.

Notwithstanding Subtitle K § 238.1, the following buildings, structures, and uses are not permitted in the SEFC-2 and SEFC-3 zones:

Detached, semi-detached, or rowhouse dwelling;

Parking lot or garage as a principal use located on or above grade, except as a temporary use as permitted by special exception in Subtitle K § 238.3.

Sanitarium; and

Uses subject to special exception review in the RA-5 zone that are not listed in Subtitle K § 238.3 as being subject to Zoning Commission review and approval are not permitted in the SEFC-3 and SEFC-2 zones, unless such uses are permitted as preferred uses pursuant to Subtitle K § 236.

Notwithstanding Subtitle K § 238.1, the following buildings, structures, and uses are permitted only if reviewed and approved by the Zoning Commission, in accordance with the standards specified in Subtitle K § 142 and procedures specified in Subtitle K § 242:

All buildings and structures that abut the SEFC-4 open space area, whether or not a street intervenes but excluding buildings and structures that abut the SEFC-4 development area including existing Building 160 and any additions thereto and any building or structure to be constructed immediately to the east of Building 160 (i.e., north of Water Street, S.E., west of 4th Street, S.E., east of Third Street, S.E., and south of Tingey Street, S.E.).

Uses within the arts, design, and creation; entertainment, assembly, and performing arts; and the lodging use groups, subject to an overall cap within the SEFC-3 and SEFC-2 zones of 1.0 FAR maximum;

Medical care;

Institutional, religious based, which may include a parsonage, vicarage, rectory, or Sunday school building, as well as any related programs.

Private club, lodge, fraternity house, sorority house, or dormitory;

Education, private and education, public, including trade school; except a trapeze school as provided in Subtitle K § 238.5;

Temporary parking lot or garage, for a maximum approval period of five (5) years, which may be renewed by the Zoning Commission, as a principal use, located at or above grade;

Solid, freestanding wall and/or security gate exceeding a height of four feet (4 ft.);

Education, college/university;

Daytime care; and

Within the SEFC-3 zone only, office uses, including chanceries.

Within the SEFC-3 and SEFC-2 zones, "preferred uses" listed in Subtitle K § 236 shall be regulated in accordance with the following criteria:

Preferred uses shall be provided in any building or structure facing:

Tingey Street, S.E., west of 4th Street, S.E., and east of 4th Street, S.E., but in the latter case, only along the southern side of Tingey Street, S.E., for a length of fifty feet (50 ft.) minimum as measured from the west exterior facade of any building or structure constructed on the southeast corner of Tingey Street, S.E. and 4th Street, S.E., or

The SEFC-4 Zones;

Where required, preferred uses shall comprise a minimum of seventy-five percent (75%) of the frontage facing Tingey Street, S.E., or the SEFC-4 District, and a minimum of seventy-five percent (75%) of the applicable portion of the gross floor area of the ground floor with a depth of fifty feet (50 ft.) from the exterior facade of the front of the building, not including parking, parking access, mechanical and fire control rooms, and other non-public spaces;

The requirement to provide preferred uses shall not apply to any addition to a building facing onto Tingey Street, S.E. or the SEFC-4 zone if the addition to the building has no frontage facing onto Tingey Street, S.E. or the SEFC-4 zone, but, as allowed pursuant to Subtitle K § 238.4(d), preferred uses may be provided on the ground floor level of such addition;

For Building 160, notwithstanding the requirements noted above, the total amount of preferred use space shall be a minimum of three thousand square feet (3,000 sq. ft.) of space facing Tingey Street, S.E. and a minimum of six thousand square feet (6,000 sq. ft.) of space facing Water Street, S.E., for a total of at least nine thousand square feet (9,000 sq. ft.);

In addition to the locations in which preferred uses are required pursuant to Subtitle K § 238.4(a), preferred uses may be provided on the ground floor level of buildings or structures in other areas within the SEFC-3 and SEFC-2 zones, but are not required. If provided, such preferred use area shall not be required to conform to the requirements of Subtitle K § 238.4(a), (g), (h), and (i). If the bonus density authorized pursuant to Subtitle K § 238.4(e), is used to provide non-required preferred uses, the preferred use area must be dedicated to preferred uses for the life of the building;

The density associated with preferred uses shall be in addition to otherwise permitted density, and shall not exceed 0.5 FAR;

For good cause shown, the Zoning Commission may authorize interim occupancy of the preferred use space required under Subtitle K § 238.4(a) by other uses permitted in the RA-5 zones for up to a five (5) year period; provided that the ground floor space is suitably designed for future occupancy by preferred uses;

Not less than fifty percent (50%) of the surface area of the street wall, including building entrances, of those building frontages dedicated to preferred uses described in Subtitle K § 238.4 shall be devoted to doors or display windows having clear or low emissivity glass;

Preferred uses shall provide direct, exterior access to the ground level; and

The minimum floor-to-ceiling height for portions of the ground floor level devoted to preferred uses shall be fourteen feet (14 ft.).

A trapeze school and aerial performing arts center may be established and continued as a matter of right in Parcel O until December 31, 2015, during which time no parking shall be required.

The continuation of the trapeze school and aerial performing arts center use after December 31, 2015 shall require approval by the Zoning Commission in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242, and shall include a determination as to whether and what amount of parking should be required.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 905 (January 15, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 238

11-K DCMR § 239 USE PERMISSIONS (SEFC-4)

USE PERMISSIONS (SEFC-4)

Within the SEFC-4 development area, use permissions, including uses permitted as a matter of right, as a special exception, and as an accessory use, and uses not permitted shall be in accordance with the provisions of MU-Use Group B, as prescribed in Subtitle U §§ 505 and 506. In addition, the following uses shall be permitted if reviewed and approved by the Zoning Commission in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242:

Education;

Institutional; and

Eating and drinking establishments.

Within the SEFC-4 open space area, only the following uses shall be permitted as a matter of right:

Boat construction on an occasional basis by a local community organization;

Community garden operated by a local community organization or District government agency;

Publicly-accessible park or open space, playground, or athletic field, including pedestrian and bicycle trails, necessary support facilities, and fitness circuits;

Public nature education or interpretive center including a boat dock; and

Seasonal or occasional market for produce, arts, and crafts, with non-permanent structures.

Within the SEFC-4 open space area, the following buildings, structures, and uses are permitted only if reviewed and approved by the Zoning Commission in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242:

Boat launching facility, dock, wharf, or pier for use by the general public;

Boat rental facility for non-motorized water vessels;

Cruise line operation, including necessary associated dock and land facilities;

Solid, freestanding wall and/or security gate exceeding a height of four feet (4 ft.), not including structural supports;

Marina, not including floating homes;

Public food concession stand(s)/kiosk(s) which may serve alcoholic drinks, to a maximum gross of three thousand square feet (3,000 sq. ft.);

Water taxi and related facilities, including information/ticket booth and passenger shelter; and

Other publicly-accessible maritime uses normally requiring direct access to the water.

The minimum floor-to-ceiling height for the ground floor level of buildings shall be fourteen feet (14 ft.).

All proposed structures in the SEFC-4 zone, or any proposed exterior renovation to any existing buildings or structures in the SEFC-4 zone that would result in an alteration of the exterior design, shall be subject to review and approval by the Zoning Commission, in accordance with the standards set forth in Subtitle K § 241 and procedures set forth in Subtitle K § 242.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 72 DCR 012752 (November 14, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 239

11-K DCMR § 240 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 7200 (July 6, 2018). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 240

11-K DCMR § 241 ZONING COMMISSION REVIEW STANDARDS (SEFC)

ZONING COMMISSION REVIEW STANDARDS (SEFC)

In addition to proving that the proposed uses, buildings, or structures meet the standards set forth in Subtitle X, the applicant for Zoning Commission approval of a use or structure within a SEFC zone shall further demonstrate conformance to the following standards:

The use, building, or structure will help achieve the goals and objectives of the SEFC zone as set forth in Subtitle K §§ 200.2 through 200.7, as applicable;

The proposed building or structure shall be designed with a height, bulk, and siting that provide for openness of view and vistas to and from the waterfront and, where feasible, shall maintain views of federal monumental buildings, particularly along the New Jersey Avenue, S.E. corridor; and

On or above-grade parking adjacent to, or visible from, the street shall be limited. Where parking cannot be placed underground, other uses such as retail or residential shall separate parking areas from the street, or where this is not possible, green landscaping or architectural treatment of façade shall adequately screen parking from the street and adjacent development.

In evaluating the application, the Zoning Commission also may consider:

Compatibility with buildings in the surrounding area through overall massing, siting, details, and landscaping;

Use of high standards of environmental design that promote the achievement of sustainable development goals;

Façade articulation that minimizes or eliminates the visibility of unarticulated blank walls from public spaces;

Landscaping which complements the building;

For buildings that include preferred uses in accordance with Subtitle K §§ 237 or 238, the Zoning Commission may consider the balance and location of preferred uses;

In connection with its review pursuant to Subtitle K § 238.3, the Zoning Commission may consider the effect of the proposed use on the predominantly residential character of the SEFC-2 and/or SEFC-3 zones; and

For development within or adjacent to the SEFC-4 zone, the Zoning Commission may consider whether the project is consistent with the following goals:

Providing a wide variety of active and passive recreational uses;

Encouraging uses that open to, overlook, and benefit the waterfront park; and

Utilizing siting and design of buildings and uses to improve the natural ecology, to illustrate the importance of natural systems, and/or to interpret the historically important maritime context of the site.

(h) For development on Parcel E, the Zoning Commission may consider the impact of the proposed development on the Navy Yard, including the report and recommendations of the United States Navy made pursuant to Subtitle K § 242.3.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 7200 (July 6, 2018). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 241

11-K DCMR § 242 ZONING COMMISSION REVIEW PROCEDURES (SEFC)

ZONING COMMISSION REVIEW PROCEDURES (SEFC)

At the time the Zoning Commission is considering an application for approval authorized by this chapter, the Commission may hear and decide any additional requests for zoning relief needed for the subject property.

At the time of filing an application with the Zoning Commission, the applicant shall pay the filing fee specified in Subtitle Z, Chapter 16 plus such fees as apply to any additional zoning relief requested.

242.3 At the time of filing an application with the Zoning Commission for design review of development located on Parcel E, any such application shall be referred by the Office of Zoning to the United States Navy for review and report, and shall specifically request an assessment of the impact of the proposed development on the security and operations of the Washington Navy Yard, as well as recommendations for specific measures to be applied to the development and operation of the proposed project that is the subject of the application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 7200 (July 6, 2018). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 242

11-K3 UNION STATION NORTH ZONE - USN

11-K DCMR § 300 GENERAL PROVISIONS (USN)

GENERAL PROVISIONS (USN)

The purposes of the USN zone are to:

Implement the Comprehensive Plan by ensuring that development of the air rights is not inconsistent with the goals and policies of the Comprehensive Plan including:

Creation of a catalytic development that would provide an active streetscape connection between neighborhoods west of the railroad tracks and east of the railroad tracks;

Infill of an underutilized property near a multi-modal transportation hub with the provision of a mix of high density commercial and residential uses; and

Preservation and enhancement of Union Station, and general economic development of the North of Massachusetts Avenue (NoMa) area and the District of Columbia;

Reconnect the District of Columbia by creating an urban fabric that will reconnect the H Street commercial corridor to the east, North Capitol Street to the west, NoMa to the north and west, and Union Station to the south;

Provide a suitable visual relationship to surroundings by ensuring the provision of exemplary architecture for any building in the USN zone, and encouraging upper story setbacks and minimized penthouses and rooftop structures;

Improve the character of H Street by establishing H Street, N.E., between 1st and 2nd Streets, N.E., as an attractive, active, pedestrian-oriented street with active ground floor uses and a varied façade;

Utilize transportation infrastructure by facilitating development that would take advantage of Union Station’s unique combination of local, regional and national investment in pedestrian, bicycle, rail transit, bus transit, and intercity rail infrastructure, and ensuring that development complements and allows the expansion and enhancement of the transportation infrastructure;

Establish a mix of uses throughout the USN zone including residential and retail, as well as office, hotel, and other permitted uses; and

Create a walkable environment by requiring suitable ground floor uses, appropriate building design and appropriate site layout, including wide sidewalks.

The USN zone is created to implement the Comprehensive Plan and other public policy goals and objectives.

The USN zone recognizes the unique characteristics and development constraints of the site and provides for appropriate, site specific methods for the measurement of height and density.

The USN zone shall constitute the Zoning Regulations for the geographic area referred to in Subtitle W § 119.1. Where there are conflicts between this chapter and other chapters or subtitles of this title, the provisions of the USN Zone shall govern.

When used in this chapter, the term “transportation way” means any piece of infrastructure, the intent of which is to convey people or goods from one (1) place to another. Examples include, but are not limited to, sidewalks, stairs, elevators, fixed guideways for transit, and streets. Transportation ways may be either on, above or below ground, and may be either publicly or privately-owned. Transportation ways do not include internal components of any portion of a building.

The land and the volume of space below the air rights lots shall not be zoned USN. Development will occur on top of a structural platform that will span the railroad tracks underneath.

The USN zone shall not be applied to any lot located on the ground or any air rights lot outside of the boundaries described in Subtitle W § 119.1.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 300

11-K DCMR § 301 inclusionary zoNing

301.1 Inclusionary zoning requirements for the USN zone are as specified in Subtitle C, Chapter 10.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 301

11-K DCMR § 303 THE PLATFORM (USN)

THE PLATFORM (USN)

The buildings to be erected within the USN zone will be supported by two (2) platforms erected above the existing railroad tracks and separated by H Street, N.E. (the platform or platforms).

The platforms will be generally horizontal structures that provide support for the new surface area, above the railroad tracks, on which development will be built.

In addition to providing structural support, the platforms may house mechanical equipment, parking and loading areas, and non-residential, residential, retail, and arts uses permitted by Subtitle K § 313, as well as utilities and rail-related uses.

Structures below the grade of the railroad tracks and generally vertical, above-grade columns and structures will support the Platforms (collectively foundation systems). The term “platform” or “platforms”, when used in this chapter, does not include foundation systems or any station and rail-related functions or facilities that are constructed below the platforms on the subjacent lots.

Although portions of a platform may extend below the volume of an air rights lot, any provision of this chapter pertaining to the platform shall apply to the entire platform.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 303

11-K DCMR § 304 SINGLE BUILDINGS AND BUILDING UNITS (USN)

SINGLE BUILDINGS AND BUILDING UNITS (USN)

For the purposes of the USN zone, each platform and all improvements constructed thereon are deemed to comprise a single building.

Any part of a single building that is not connected to any other part of the same single building, other than through the structure of the platform, will be hereinafter referred to as a building unit.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 304

11-K DCMR § 305 HEIGHT (USN)

HEIGHT (USN)

The maximum permitted building height, not including the penthouse or rooftop structure, shall not exceed one hundred thirty feet (130 ft.), except that:

The maximum permitted building height, not including the penthouse or rooftop structure, of any portion of a building or structure that is both north of the centerline of Eye Street and east of a north-south line located two hundred feet (200 ft.) west of the eastern boundary of Lot 7002 in Square 717 shall not exceed ninety feet (90 ft.);

Within the area defined in Subtitle K § 305.1(a), a building height of greater than ninety feet (90 ft.) and no more than one hundred ten feet (110 ft.) shall be permitted if reviewed and approved by the Zoning Commission pursuant to the procedures set forth in Subtitle K §§ 315 and 317, and subject to the following:

The Zoning Commission will make a preliminary decision whether to approve the additional height as part of its Stage 1 review;

The preliminary approval will become final unless modified or disapproved during the Stage 2 review;

In making its decision, the Zoning Commission shall consider the design review criteria set forth in Subtitle K §§ 323.1(b), 323.1(d), 323.1(g), 325.1(b), and 325.1(h);

The Zoning Commission must find that the building unit or units located within the defined area exhibit exceptional architectural quality; and

The Zoning Commission may require upper story setbacks or other design modifications that it deems necessary;

The maximum permitted building height, not including the penthouse or rooftop structure, of any portion of a building or structure that is both north of the southern property line of Lot 7000 in Square 720 and south of a parallel line one hundred fifty feet (150 ft.) from the southern property line (as that area is depicted in Figure K § 305.1) shall not exceed ninety feet (90 ft.);

Within the area defined in Subtitle K § 305.1(c), a building height of greater than ninety feet (90 ft.) and no more than one hundred ten feet (110 ft.) shall be permitted if reviewed and approved by the Zoning Commission pursuant to the procedures set forth in Subtitle K §§ 315 and 317, and subject to the criteria of Subtitle K §§ 305.1(b)(1) through 305.1(b)(5);

The maximum permitted building height, not including the penthouse or rooftop structure, of any portion of a building or structure that is both north of a line parallel to and one hundred fifty feet (150 ft.) from the southern property line of Lot 7000 in Square 720 and south of a parallel line three hundred feet (300 ft.) from the southern property line (as that area is depicted in Figure K § 305.1) shall not exceed one hundred ten feet (110 ft.);

Within the area defined in Subtitle K § 305.1(e), a building height of greater than one hundred ten feet (110 ft.) and no more than one hundred thirty feet (130 ft.) shall be permitted if reviewed and approved by the Zoning Commission pursuant to the procedures set forth in Subtitle K §§ 315 and 317, and subject to the criteria of Subtitle K §§ 305.1(b)(1) through 305.1(b)(5).

FIGURE K § 305.1

The measurement of building height shall be taken from the elevation of the sidewalk on H Street at the middle of the front of the building, to the highest point of the roof or parapet rather than from grade as would otherwise be required by Subtitle B, Chapter 3.

The matter-of-right height permitted in Subtitle K § 305.1 shall serve as the maximum permitted height for a planned unit development (PUD).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 8555 (August 17, 2018); as amended by Final Rulemaking published at 65 DCR 11927 (October 26, 2018); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 305

11-K DCMR § 306 PENTHOUSES AND ROOFTOP STRUCTURES USN

PENTHOUSES AND ROOFTOP STRUCTURES USN

306.1 Penthouses and rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15, and the height and story limitations specified in Subtitle K § 306.2.

306.2 The maximum permitted height of a penthouse or rooftop structure shall be twenty feet (20 ft.), and the maximum number stories within the penthouse or rooftop structure shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 306

11-K DCMR § 307 MAXIMUM FLOOR AREA RATIO – SINGLE BUILDING (USN)

307.1 The maximum density for any single building in the USN zone shall be 6.5 FAR, which shall be computed in accordance with Subtitle K § 309.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 307

11-K DCMR § 308 MAXIMUM NON-RESIDENTIAL FLOOR AREA RATIO – ZONE-WIDE LIMIT (USN)

MAXIMUM NON-RESIDENTIAL FLOOR AREA RATIO – ZONE-WIDE LIMIT (USN)

The maximum non-residential FAR for the entire USN zone is 5.5.

Until a 0.5 FAR of residential uses have been developed within the entire USN Zone, as evidenced by a certificate or certificates of occupancy for residential uses, no certificate of occupancy for non-residential uses may be issued that would result in a non-residential FAR for the entire USN zone of greater than 3.0.

Until 1.0 FAR of residential uses have been developed within the entire USN zone, as evidenced by a certificate or certificates of occupancy for residential uses, no certificate of occupancy for non-residential uses may be issued that would result in a non-residential FAR for the entire USN zone of greater than 4.0.

The minimum residential FAR may be apportioned between the single building north of H Street and the single building south of H Street, provided that the aggregate residential floor area is not decreased.

The minimum residential density shall not include the density dedicated to residential parking located above the level of the platform.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 308

11-K DCMR § 309 COMPUTATION OF FAR (USN)

COMPUTATION OF FAR (USN)

Computation of the maximum gross floor area for each building shall be determined by multiplying six and one-half (6.5) by the area of a single building’s lot, subject to the exclusions identified in Subtitle K § 309.5.

Computation of the maximum non-residential gross floor area for the entire USN zone shall be determined by multiplying three (3.0), four (4.0), or five and one-half (5.5), as applicable, by the combined areas of each single building’s lot, subject to the exclusions identified in Subtitle K § 309.5.

The lot of the single building north of H Street consists of the area within lots 7001 and 7002 in Square 717.

The lot of the single building south of H Street consists of the area within lots 7000 and 7001 in Square 720.

Lot area shall not include private rights-of-way that generally serve the principal entrances to building units, including the fourteen foot (14 ft.) minimum sidewalk width required by Subtitle K § 321.1(d).

Notwithstanding Subtitle K § 309.5, lot area shall include private rights-of-way that generally provide access to service, loading or automobile parking areas, as well as sidewalk area beyond the fourteen foot (14 ft.) minimum width required by Subtitle K § 321.1(d).

The term “gross floor area” has the same meaning as in Subtitle B, Chapter 1, except that the term only applies to the area of all enclosed structures above the top of the platforms.

The matter-of-right density permitted in Subtitle K §§ 307 and 308 shall serve as the maximum permitted density for a PUD.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 309

11-K DCMR § 310 BICYCLE PARKING (USN)

BICYCLE PARKING (USN)

Bicycle parking spaces shall be provided at a minimum as follows:

TABLE K § 310.1: MINIMUM BICYCLE PARKING SPACES

Type of use

Indoor Spaces

Outdoor spaces

Residential

1 for every 3 units

1 for every 20 units, with a minimum of 2

Non-residential

1 for every 10,000 sq. ft. of gross floor area, with a minimum of 2

1 for every 40,000 sq. ft. of gross floor area, with a minimum of 2

Retail/service

1 for every 10,000 sq. ft. of gross floor area, with a minimum of 2

1 for every 5,000 sq. ft. of gross floor area, with a minimum of 2

All bicycle parking spaces shall be well lit and provide convenient access to the uses they are intended to serve.

Outdoor spaces may be provided in public space subject to the approval of the District Department of Transportation (DDOT).

All required bicycle parking spaces shall be a minimum of two feet (2 ft.) in width and six feet (6 ft.) in length.

An aisle five feet (5 ft.) in width shall be provided between rows of bicycle parking spaces and the perimeter of the area devoted to bicycle parking.

If a room or common locker not divided into individual spaces is used to meet these requirements, twelve square feet (12 sq. ft.) of floor area shall be considered the equivalent of one (1) bicycle parking space. Where manufactured metal lockers or racks are provided, each locker or stall devoted to bicycle parking shall be counted as one (1) bicycle parking space.

Signs shall be posted stating where bicycle parking spaces are located in each building or structure where bicycle parking spaces are required. The signs shall be located in a prominent place at each entrance to the building or structure. The sign shall have a white background with black lettering that is no less than two inches (2 in.) in height.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 310

11-K DCMR § 311 OFF STREET AUTOMOBILE PARKING (USN)

OFF STREET AUTOMOBILE PARKING (USN)

The provisions of Subtitle C, Chapter 7 do not apply to the USN zone.

There shall be no minimum number of automobile parking spaces required in the USN zone.

No lease or purchase agreement for a dwelling unit may include within its terms the sale or lease of an automobile parking space.

Automobile parking spaces need not be located on the same lot with the building or building unit they are intended to serve, but must be located on a lot within the USN zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 311

11-K DCMR § 312 LOADING (USN)

LOADING (USN)

Loading shall be provided as required in Subtitle C, Chapter 9.

The Zoning Commission may, as a special exception, permit the reduction, elimination, relocation, or consolidation of loading facilities, provided that the applicant demonstrates that:

The proposed number of loading facilities will be adequate to serve the related uses;

The loading facilities are designed such that loading and unloading of service vehicles would be accomplished without the need to move goods and materials across public areas;

The proposed loading facilities would not tend to affect adversely other modes of transportation using the adjacent public or private transportation way;

The proposed loading facilities would not tend to affect adjacent properties adversely; and

The Zoning Commission may impose conditions as to screening, lighting, coping, setbacks, fences, location of entrances and exits, widening of abutting transportation ways, or any other requirement it deems necessary to protect the adjacent property and the safety and function of other modes of travel.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 312

11-K DCMR § 313 USE PERMISSIONS (USN)

USE PERMISSIONS (USN)

Use permissions, including uses permitted as a matter of right, as a special exception, and as an accessory use, and uses not permitted shall be in accordance with the MU-Use Group F of Subtitle U, Chapter 5 and Arts uses of Subtitle U, Chapter 7.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 313

11-K DCMR § 314 GROUND FLOOR AREAS REQUIRED TO BE DEVOTED TO PREFERRED USES (USN)

GROUND FLOOR AREAS REQUIRED TO BE DEVOTED TO PREFERRED USES (USN)

One hundred percent (100%) of the ground floor H Street frontage of building units, except for space devoted to building entrances or lobbies, space required to be devoted to fire control, or space dedicated to transit or rail entrances or passenger circulation, shall be occupied by uses from the following use categories:

Arts, design, and creation;

Entertainment, assembly, and performing arts;

Eating and drinking establishments;

Retail;

Service, general; and

Any arts use listed in Subtitle U, Chapter 7, other than the uses listed in Subtitle U § 700.1(g), the design use category.

Uses in the category service, financial may meet the requirement of Subtitle K § 314.1, subject to the following limitations:

Service, financial uses shall occupy no more than one hundred (100) total linear feet of ground floor H Street frontage; and

Service, financial uses shall occupy no more than fifty feet (50 ft.) of ground floor H Street frontage in any one (1) building unit.

No single commercial occupancy shall occupy more than one hundred (100) total linear feet of ground floor H Street frontage.

The entire ground floor of all building units shall have a minimum slab to slab height of fourteen feet (14 ft.), except for those spaces within the ground floor of any building unit devoted to the following uses: mechanical, electrical, and plumbing; storage; fire control; loading; retail corridors; and service corridors.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 314

11-K DCMR § 315 ZONING COMMISSION REVIEW – GENERAL (USN)

ZONING COMMISSION REVIEW – GENERAL (USN)

Due to the unique nature of the USN zone, all proposed buildings, structures, or any proposed exterior renovation to any existing buildings or structures that would result in an alteration of the exterior design, as well as any associated open spaces such as parks or plazas, shall be subject to review and approval by the Zoning Commission in accordance with the following provisions. No review or approval by the Zoning Commission is required for construction of foundation systems within the USN zone.

Subtitle K §§ 316 and 317 describe the following types of Zoning Commission reviews:

Master plan;

Stage 1;

Stage 2; and

Consolidated.

Any application must be signed by the owner of the subject air rights lot, but need not be signed by the owner of the subjacent lots, even if a portion of the platform extends into the air space below the level of the air rights lot.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 315

11-K DCMR § 316 ZONING COMMISSION REVIEW – MASTER PLAN (USN)

ZONING COMMISSION REVIEW – MASTER PLAN (USN)

Prior to or together with either the first-stage 1 or the first consolidated application submitted pursuant to this chapter, the applicant shall submit for review and approval by the Zoning Commission a master plan for the entire USN zone.

A master plan review will examine, for the entire USN zone, the dimensions and locations of transportation ways and the general locations of open spaces and building sites, in accordance with the review criteria of Subtitle K § 321.

A master plan shall be determined by the Zoning Commission to be not inconsistent with the Comprehensive Plan, to generally further the purposes of the USN zone and to be acceptable in all the review criteria of Subtitle § K 321.

An approved master plan may be modified through application to the Zoning Commission, and the application for modification shall be subject to the same approval criteria as set forth in Subtitle K § 316.3.

An applicant must return to the Zoning Commission for review and approval of stage 1 and stage 2 applications or a consolidated application prior to applying for a building permit or beginning construction of any portion of the approved master plan application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 316

11-K DCMR § 317 ZONING COMMISSION REVIEW – STAGE 1, STAGE 2, AND CONSOLIDATED APPLICATIONS (USN)

ZONING COMMISSION REVIEW – STAGE 1, STAGE 2, AND CONSOLIDATED APPLICATIONS (USN)

A stage 1 or stage 2 application may request review and approval of one (1) or more building units, structures or open spaces, or of one (1) or two (2) buildings.

An applicant may request consideration of the stage 1 or stage 2 applications individually or through a consolidated review.

A stage 1 review will examine the specific arrangement of building units on the site, the specific location of open spaces, the massing and height of building units, the mix of uses, access to structures, the location of transportation ways, and access to and from the platforms, in accordance with the review criteria of Subtitle K § 323.

A stage 2 review will examine the outward appearance of building units, the design of landscape and hardscape, the functionality of transportation ways, and the general location of uses, in accordance with the review criteria of Subtitle K § 325.

A consolidated review will examine all the aspects of design mentioned in Subtitle K §§ 317.3 and 317.4, in accordance with the review criteria of Subtitle K §§ 323 and 325. An application for consolidated review shall include all submittal requirements listed in Subtitle K §§ 322 and 324.

A stage 1, stage 2, or consolidated application shall be determined by the Zoning Commission to be not inconsistent with the Comprehensive Plan, not inconsistent with the approved master plan, to provide for a mix of uses, to be acceptable in all other applicable review criteria as set forth in Subtitle K §§ 323 and 325, to generally further the purposes of the USN zone, and to comply with all other requirements of this chapter.

An approved stage 1, stage 2, or consolidated application may be modified through application to the Commission, and the application for modification shall be subject to the same approval criteria as set forth in Subtitle K § 317.6.

Upon the effective date of the Zoning Commission order granting approval of a stage 1 application, the applicant may apply for a building permit to construct any portion of the platforms related to that stage 1 application.

An applicant must return to the Zoning Commission for review and approval of a stage 2 application prior to applying for a building permit or beginning construction for any other portion of the approved stage 1 review application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 317

11-K DCMR § 318 COMMUNITY REVIEW (USN)

COMMUNITY REVIEW (USN)

The affected ANC shall be granted party status to any application submitted pursuant to this chapter, and may participate in the public hearing for the application pursuant to Subtitle Z.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 318

11-K DCMR § 319 AGENCY REVIEW (USN)

AGENCY REVIEW (USN)

The Office of Zoning shall refer the application to the Office of Planning, the District Department of Transportation, Fire and Emergency Services, the District Department of Energy and Environment, and any other relevant District agencies for review and comment.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 319

11-K DCMR § 320 MASTER PLAN SUBMITTAL REQUIREMENTS (USN)

MASTER PLAN SUBMITTAL REQUIREMENTS (USN)

An applicant requesting approval of a master plan application shall provide:

A written description of the proposal, including a description of how the master plan review criteria are met; and

A plan or plans encompassing the entire USN zone and showing:

The location and dimensions of private rights-of-way and alleys;

The lot areas to be used for FAR calculations, both for the entire USN zone as well as the north and south buildings, pursuant to Subtitle K § 309;

The general locations of plazas, parks, or other open spaces;

The general locations of sites for future building units; and

Any other information needed to understand the project.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 320

11-K DCMR § 321 MASTER PLAN REVIEW CRITERIA (USN)

MASTER PLAN REVIEW CRITERIA (USN)

The following criteria are applicable to master plan applications:

Internal Connectivity – Internal connections shall result in a form of development that generally reflects the grid pattern of the District and that avoids the creation of excessively large building blocks. Internal connections shall be provided through a combination of private rights-of-way, sidewalks, paths, plazas, and parks, with a main multi-modal access point to both buildings from H Street, N.E.;

External Connectivity – The master plan shall provide the opportunity for pedestrian connections in appropriate and feasible locations to surrounding development and surrounding neighborhoods including Union Station, NoMa west of the railroad tracks, and northern Capitol Hill;

Private Rights-of-Way Width – To facilitate pedestrian and bicycle movement, the curb-to-curb width of private rights-of-way shall not be excessively large;

Sidewalk Width – The width of sidewalks along private rights-of-way that generally serve the principal entrances to building units shall not be less than fourteen feet (14 ft.); and

Community Outreach – The application shall demonstrate that community outreach has occurred through participation in multiple venues and through multiple formats, including the affected ANC, and which could include but not be limited to meetings with the community, an informational website, emails, or mailed flyers.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 321

11-K DCMR § 322 STAGE 1 SUBMITTAL REQUIREMENTS (USN)

STAGE 1 SUBMITTAL REQUIREMENTS (USN)

An applicant requesting approval of a stage 1 review application shall provide:

A written description of the proposal, including a description of how the applicable review criteria are met;

Site plans, elevations, renderings, photographic simulations, aerial axonometric massing diagrams, or any other suitable materials necessary to describe the project;

For any building unit located south of H Street, N.E., ground-level view studies from multiple vantage points showing the relationship between the proposed building unit and Union Station;

A circulation plan, including the location of all transportation ways, off-street parking spaces and loading berths, including an indication of which spaces are designated for which use, and a reasonable numerical range of the number of parking spaces to be provided. The circulation plan shall show how the design facilitates north-south bicycle movement through the site and to areas outside the site, including the Metropolitan Branch Trail;

The area and dimensions of the application site;

The gross floor area and floor area ratio for each building unit, including a break-down for each use, and the total gross floor area and floor area ratio for the building, including a breakdown for each use;

A comprehensive transportation assessment for the development under consideration, addressing pedestrian, bicycle, transit, and automobile capacity and circulation;

Estimated quantities of potable water required by the project, and of sanitary sewage and storm water to be generated, including the methods of calculating those quantities; and

Any other information needed to understand the project.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 322

11-K DCMR § 323 STAGE 1 REVIEW CRITERIA (USN)

STAGE 1 REVIEW CRITERIA (USN)

The following criteria are applicable to stage 1 applications:

External Connectivity – The development shall provide pedestrian connections in appropriate and feasible locations to surrounding development and surrounding neighborhoods including Union Station, NoMa west of the railroad tracks, and northern Capitol Hill. The application shall indicate the location of all such proposed connections. Connections are especially encouraged near the intersection of 1st and K Streets, N.E., 2nd and K Streets, N.E., and 2nd and Eye Streets, N.E.;

Building Unit Heights and Visual Relationship to Surroundings – A suitable height for each building unit and appropriate massing relationship between proposed building units and adjacent neighborhoods, Union Station and other historic landmarks, and the Federal precincts near the Capitol and the Supreme Court shall be provided, with particular attention paid to the eastern portion of the property north of Eye Street, N.E. The application shall also generally indicate what types of materials would be used on the portions of the exterior of the platforms constructed pursuant to Subtitle K § 317.8 that would be visible to the public;

Transportation Hierarchy – The movement of pedestrians, bikes and transit shall be prioritized, and provide reasonable accommodation for automobiles. The location of parking and loading access shall not unduly impact the movement of pedestrians and bicyclists;

Division of Building Form – Monolithic buildings or the creation of excessively large building blocks shall be avoided. Building unit massing and orientation should reflect the pattern of other development in the District of Columbia;

Publicly Accessible Space – Any public space provided such as streets, parks or plazas shall be easily visible and publicly accessible;

Mix of Uses – The application shall demonstrate how the proposal contributes to an overall mix of uses in the USN zone;

Impacts on Surroundings – The proposed development shall not tend to substantially affect nearby properties adversely due to obstruction of light or air or because of noise, odors, or other impacts on air quality, including exhaust from trains. The development shall incorporate sufficient venting mechanisms for railroad uses below the site;

Building Livability – The vibration and noise caused by the movement of trains under residential buildings shall be mitigated; and

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 323

11-K DCMR § 324 STAGE 2 SUBMITTAL REQUIREMENTS (USN)

STAGE 2 SUBMITTAL REQUIREMENTS (USN)

An applicant requesting approval of a stage 2 review application shall provide:

Information required in Subtitle K §§ 322.1(a) through (f);

Elevations, detail drawings, renderings, or other graphics that clearly demonstrate the proposed architectural details, signage, materials to be used, and the lighting scheme for the building units;

Typical floor plans and sections that show the location of uses, access to uses, points of fenestration, general internal circulation, projections and any other feature necessary to understand the project, and a table showing the floor area of each use;

A detailed landscaping plan;

A list of environmental features and characteristics of the development; and

Any other information needed to understand the overall architectural character of the project

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 324

11-K DCMR § 325 STAGE 2 REVIEW CRITERIA (USN)

STAGE 2 REVIEW CRITERIA (USN)

The following criteria are applicable to stage 2 applications:

External Connectivity – External connections shall provide adequate size, materials, lighting and signage to move users easily and safely;

Visual Relationship to Surroundings – A suitable visual relationship between building units and adjacent neighborhoods, Union Station and other historic landmarks, and the Federal precincts near the Capitol and the Supreme Court shall be provided, with particular attention paid to the eastern portion of the property north of Eye Street, N.E.;

Active Entrances to Building Units – Public and publicly accessible areas such as sidewalks, parks, and plazas shall be activated through the use of operational entrances to retail, office, residential, and other uses;

Visual Façade Permeability – Where there are no operational entrances to uses, design of structures fronting on public and publicly accessible areas shall incorporate windows. Or, where windows are not appropriate, unarticulated blank walls shall be minimized to the extent possible;

Environmental Stewardship – A high degree of environmental stewardship shall be demonstrated. Characteristics may include, but not be limited to, the following:

Onsite energy generation;

Rainwater harvesting;

Green roofs, including green spaces on the upper surface of the platforms;

Other landscaping on the upper surface of the platforms such as rainwater capturing tree boxes;

Use of native species, drought-tolerant species, adequate planting depth, and efficient irrigation in landscaping;

Use of efficient plumbing fixtures and fittings, enhanced insulation, and cool roofing;

Use of environmentally friendly products in construction and operation;

Natural lighting, including large windows, light wells, skylights, and daylight penetration to railroad facilities below the platforms;

Natural ventilation, including balconies, terraces, operable windows, and vent shafts;

Minimizing construction waste; or

Facilitation of transit usage by allowing and/or constructing improved access to transit facilities and interconnections between transit modes;

Private Open Space – Residential uses shall incorporate private open space such as balconies and terraces for individual units where practical and architecturally compatible;

Design of Open Spaces – Public and private open spaces shall incorporate shaded areas and adequate seating capacity;

Light and Air – Adequate light and air shall be provided to all building units in the USN zone;

Parking Access – Convenient access shall be provided from any parking provided to the uses it is intended to serve; and

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 325

11-K DCMR § 326 ASSOCIATED RELIEF (USN)

ASSOCIATED RELIEF (USN)

Relief from any section of this chapter may be heard and decided by the Zoning Commission as a special exception in accordance with Subtitle X, Chapter 9. The applicant shall also demonstrate that the purposes of the USN Zone would be met if the relief were granted.

An applicant requesting approval of a project that would result in nonconformity with the minimum residential or maximum non-residential FAR for the USN zone, as established by Subtitle K § 308, shall demonstrate how the proposal would not be inconsistent with the purpose of establishing a mix of uses.

The Zoning Commission may hear and decide any additional request for special exception or variance relief from any other provision of the Zoning Regulations for the subject property.

Request for relief shall be advertised, heard, and decided together with the application for Zoning Commission review and approval.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 326

11-K DCMR § 327 TIMEFRAME FOR APPROVAL (USN)

TIMEFRAME FOR APPROVAL (USN)

The Zoning Commission may approve timeframes within which time an application must be filed for a building permit or a stage 2 application must be filed.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 327

11-K DCMR § 328 MINOR MODIFICATIONS (USN)

MINOR MODIFICATIONS (USN)

The Zoning Administrator shall have authority to approve minor modifications in the final plans approved by the Zoning Commission as set forth in Subtitle A § 304.4.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 328

11-K4 HILL EAST ZONES - HE-1 THROUGH HE-4

11-K DCMR § 400 GENERAL PROVISIONS (HE)

GENERAL PROVISIONS (HE)

The purposes of the Hill East (HE) zones (HE-1 through HE-4) are to:

Connect and integrate Reservation 13 with adjacent neighborhoods, and the new waterfront park along the Anacostia River;

Utilize the site to meet a diversity of public needs, including health care, education, employment, government services and administration, retail, recreation, and housing;

Extend the existing pattern of local streets to and through the site to create simple, well-organized city blocks and appropriately scaled development;

Maintain a human-scale of building heights that match existing neighborhood buildings and increase in height as the site slopes downward to the Anacostia waterfront;

Connect the Hill East neighborhood and the city at large to the waterfront via tree-lined public streets, recreational trails, and increased access to waterfront parklands;

Demonstrate environmental stewardship through environmentally-sensitive design, ample open spaces, and a waterfront park that serve as public amenities and benefit the neighborhood and the city;

Promote the use of mass transit by introducing new uses near Metro stations, and create an environment where the pedestrian, bicycle, and auto are all welcome, complementary, and unobtrusive, reducing the impact of traffic on adjacent neighborhood streets;

Limit the Central Detention Facility and the Correction Treatment Facility to areas south of Massachusetts Avenue; and

Create attractive “places” of unique and complementary character including:

A new, vital neighborhood center around the Metro station at C and 19th Streets that serves the unmet neighborhood commercial needs of the community and extends to the waterfront with a new residential district;

Massachusetts Avenue as a grand Washington ‘boulevard’ in the tradition of the L’Enfant plan;

A district for city-wide uses and services, such as health care, education, and recreation along Independence Avenue; and

(4) A grand public waterfront park incorporating monumental places and quiet natural retreats accessed by a meandering park drive set back from the Anacostia River.

The HE zones shall constitute the Zoning Regulations for the geographic area referred to in Subtitle K §§ 400.7 and 400.8. Where there are conflicts between this chapter and other parts of the Zoning Regulations, the provisions of this chapter shall govern.

Unless specifically exempted, the requirements of the HE zones shall apply to all new buildings and to all other buildings where any additions, alterations, or repairs within any twelve (12) month period exceed one hundred percent (100%) of the assessed value of the building as set forth in the records of the Office of Tax and Revenue as of the date of a building permit application, provided:

The cost basis for alterations or additions to an existing building shall be the amount indicated by the applicant on the application for a building permit; and

In the case of an addition, the requirements and incentives of this chapter apply only to the addition.

Any reference to a street shall be deemed to include a reference to the Southeast (S.E.) quadrant.

For the purposes of this chapter, the terms:

“Primary street” shall mean Independence Avenue, Massachusetts Avenue, and Water Street; and

FIGURE K § 400.5(a): Primary Street Frontages

“Secondary street” shall refer to 19th Street, 20th Street, 21st Street, Burke Street, C Street, and C Place.

FIGURE K § 400.5(b): SECONDARY Street Frontages

The boundaries of the HE zones correspond to Federal Reservation 13, which is generally bounded by Independence Avenue on the north, 19th Street on the west, Water Street on the east, and the Congressional Cemetery on the south.

The HE zones are divided into the following four (4) zones for the purpose of lot occupancy, floor area ratio (FAR) and building height:

HE-1 (19th Street), which includes squares with frontage onto 19th Street, between Independence Avenue, and Massachusetts Avenue;

HE-2 (20th Street), which includes squares with frontage on 20th Street;

HE-3 (Water Street), which includes squares with frontage on Water Street; and

HE-4 (Corrections), which includes Squares N and O.

FIGURE K § 400.7: HE ZONES

Development in the HE zones shall be in accordance with the development standards found at Subtitle K § 402.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 400

11-K DCMR § 401 DEVELOPMENT STANDARDS (HE)

DEVELOPMENT STANDARDS (HE)

The development standards in Subtitle K §§ 402 through 407 control the bulk of structures in the HE zones.

401.2 In addition to the development standards set forth in this subtitle, additional general regulations relevant to this subtitle can be found in Subtitle C.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 401

11-K DCMR § 402 DENSITY - FLOOR AREA RATIO (FAR) (HE)

DENSITY – FLOOR AREA RATIO (FAR) (HE)

The maximum permitted FAR of buildings in HE zones shall be given in the following table:

TABLE K § 402.1: MAXIMUM PERMITTED FAR

HE Sub-district

Maximum FAR

HE-1 (19th St.)

3.0

HE-2 (20th St.)

4.8

HE-3 (Water St.)

7.2

HE-4 (Corrections)

6.0

Square E (Park)

0.2

The following density limitations on non-residential uses apply within the HE zones, but only in the squares listed below:

TABLE K § 402.2: MAXIMUM FAR FOR NON-RESIDENTIAL USES

Square

Maximum Non-residential FAR

0.8

1.0

0.5

3.0

The matter-of-right FAR shall serve as the maximum permitted height and floor area ratio for a planned unit development (PUD).

The minimum lot area for row dwellings shall be eighteen hundred square feet (1,800 sq. ft.) with a minimum lot width of eighteen feet (18 ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 402

11-K DCMR § 403 HEIGHT (HE)

HEIGHT (HE)

The maximum permitted building height and number of stories, not including the penthouse or rooftop structure, in HE shall be given in the following table:

TABLE K § 403.1: MAXIMUM PERMITTED HEIGHT AND STORIES

HE Sub-District

Building Height

Minimum Maximum

No. of Stories

HE-1 (19th St.)

26 ft.

50 ft.

HE-2 (20th St.)

40 ft.

80 ft.

HE-3 (Water St.)

80 ft.

110 ft.

HE-4 (Corrections)

90 ft.

Square E (Park)

26 ft.

Building height shall be measured from the lowest curb level along a street frontage abutting the lot.

A hospital located in the HE-2 zone may exceed eighty feet (80 ft.) in height, to a maximum of one hundred ten feet (110 ft.), if approved as a special exception by the Zoning Commission pursuant to Subtitle K § 416.

Penthouses and rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15, and the height and story limitations specified in Subtitle K § 403.5.

The maximum permitted height of a penthouse or rooftop structure, except as limited in Subtitle C § 1501 on the roof of a detached dwelling, semi-detached dwelling, rowhouse, or flat shall be as set forth in the following table:

TABLE K § 403.5: MAXIMUM PERMITTED PENTHOUSE OR ROOFTOP STRUCTURE HEIGHT AND STORIES

Zone

Maximum Height (ft.)

Maximum Stories

HE-1

12 ft. except

15 ft. for penthouse mechanical space

1; second story permitted for penthouse mechanical space

HE-2

20 ft.

1; second story permitted for penthouse mechanical space

HE-3, HE-4

20 ft.

1 plus mezzanine; second story permitted for penthouse mechanical space

The matter-of-right height shall serve as the maximum permitted height, penthouse and rooftop structure height, and floor area ratio for a PUD.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 403

11-K DCMR § 404 LOT OCCUPANCY (HE)

LOT OCCUPANCY (HE)

The maximum permitted lot occupancy in the HE zones shall be given in the following table:

TABLE K § 404.1: MAXIMUM PERMITED LOT OCCUPANCY

HE Sub-District

Maximum Lot Occupancy

HE-1 (19th St.)

80%

HE-2 (20th St.)

75%

HE-3 (Water St.)

80%

HE-4 (Corrections)

75%

Square E (Park)

20%

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 404

11-K DCMR § 405 SETBACKS (HE)

Buildings or structures in the HE zones that abut the HE-1 zone shall provide a twelve foot (12 ft.) setback from the zone boundary line for any part of the building or structure that exceeds fifty feet (50 ft.) in height.

Buildings or structures in the HE zones that abut the HE-2 zone, or have street frontage on Burke Street, C Street, C Place, or Massachusetts Avenue, shall provide a twelve foot (12 ft.) setback for any part of the building that exceeds eighty feet (80 ft.) in height.

The portion of Square A devoted to St. Coletta’s School shall be subject to Zoning Commission Order No. 03-21.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 405

11-K DCMR § 406 REAR YARD (HE)

REAR YARD (HE)

Except as provided in Subtitle K § 406.2, no rear yard shall be required for entirely non-residential buildings.

Notwithstanding Subtitle K § 406.1, an entirely non-residential building shall have a rear yard if:

The building’s rear wall faces a wall of a residential building;

The distance between the rear wall of the non-residential building and a wall of the residential buildings is forty feet (40 ft.) or less; and

A window located on the non-residential building’s rear wall would afford a direct view into the interior of the residential building through one (1) or more of the latter’s windows.

The rear yard required by this section shall have a depth equal to the distance between the rear wall of the non-residential building and the facing wall of the residential building.

All residential buildings shall provide a rear yard in accordance with either Subtitle K §§ 406.5 or 406.6.

When the residential portion of a building begins at or below grade, the building shall provide a rear yard with a minimum depth of three inches (3 in.) per one foot (1 ft.) of vertical distance from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof, but not less than twelve feet (12 ft.).

When the residential portion of a building begins above grade, the building shall provide a rear yard with a minimum depth of three inches (3 in.) per one foot (1 ft.) of vertical distance from the horizontal plane at which the residential use begins to the highest point of the main roof, but not less than twelve feet (12 ft.). The rear yard shall be provided at and above the horizontal plane at which residential use begins.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 406

11-K DCMR § 407 SIDE YARD (HE)

SIDE YARD (HE)

No side yard is required; however, if a side yard is provided it shall be no less than eight feet (8 ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 407

11-K DCMR § 408 PARKING, LOADING, AND VEHICLE ACCESS (HE)

PARKING, LOADING, AND VEHICLE ACCESS (HE)

Parking requirements for the HE zones are as specified in Subtitle C.

Bicycle parking requirements for the HE zones are as specified in Subtitle C.

Loading requirements for the HE zones are as specified in Subtitle C.

Loading berths shall not front onto a primary or secondary street.

No driveway or garage entrance providing access to parking or loading areas shall be permitted from a primary or secondary street.

Driveways or garage entrances shall not be located closer than forty feet (40 ft.) from the intersection of an alley and secondary street as measured from the intersection of the curb lines extended.

A garage shall be set back at least twelve feet (12 ft.) from the center line of an alley.

Exceptions from the prohibitions and limitations of this section, except those that pertain to use,) shall be permitted if approved by the Zoning Commission pursuant to Subtitle X, Chapter 9, provided the applicant demonstrates that:

There is no practical alternative means of serving the parking, loading, or drop-off needs of the building to be served by the proposed driveway or garage entrance;

The driveway or garage entrance will not impede the flow of pedestrian traffic; and

The driveway or garage entrance is not inconsistent with the DDOT landscape plans for the public rights of way in the Hill East Waterfront area, to the extent that such plans exist at the time of the special exception application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 408

11-K DCMR § 409 ZONING COMMISSION REVIEW (HE)

ZONING COMMISSION REVIEW (HE)

The Zoning Commission shall review the design of all new buildings, or additions to existing buildings for consistency with the design guidelines set forth at Subtitle K §§ 419 through 421 and with the purposes as stated in Subtitle K § 400 of this chapter.

For good cause shown, the Zoning Commission, in its discretion, may waive one (1) or more of the design standards set forth in Subtitle K §§ 417 through 419.

The Zoning Commission may hear and decide any additional requests for special exception or variance relief needed for the subject property, including the special exceptions provided for in this chapter. Such requests shall be advertised, heard, and decided together with the application for Zoning Commission review and approval.

At the time of filing an application with the Zoning Commission, the applicant shall pay the filing fee specified in Subtitle Z, plus such fees as apply to any additional zoning relief requested.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 409

11-K DCMR § 410 USE PERMISSIONS (HE)

USE PERMISSIONS (HE)

This chapter contains use permissions and any applicable conditions in the HE zones.

Antenna uses are permitted as a matter of right, subject to the standards and procedures that apply to the particular class of antenna pursuant to Subtitle C, Chapter 13.

The following uses are permitted in the HE zones:

Agriculture, residential;

Arts, design and creation;

Youth Rehabilitation Home, Adult Rehabilitation Home uses are permitted subject to the following provisions:

The uses shall not house more than six (6) persons, not including resident supervisors or staff and their families;

A use which houses seven (7) to fifteen (15) persons, not including resident supervisors or staff and their families, is permitted, provided that there shall be no property containing an existing youth rehabilitation home or adult rehabilitation home for seven (7) or more persons either in the same square or within a radius of five hundred feet (500 ft.) from any portion of the subject property; and

(3) A community-based residence facility not meeting these criteria may be approved by special exception in accordance with Subtitle K § 412.1;

(d) Community solar facility, subject to the following conditions:

Roof-mounted solar array of any size; or

Ground-mounted solar array, subject to the following requirements:

Measures no greater than twenty feet (20 ft.) in height;

Has an aggregate panel face area of one-and-one half (1.5) acres or less;

Meets the yard and height development standards of the zone; and

Where the panels are sited no less than forty feet (40 ft.), including any intervening street or alley, from an adjacent property in the R, RF, or RA-1 zone.

(e) Daytime care;

(f) Eating and drinking establishments subject to the following conditions:

A drive-through, fast food restaurant or food delivery service shall not be permitted; and

Carry-out services shall be limited to those that are customarily accessory to the eating or drinking establishment;

(g) Emergency shelter uses are permitted by-right provided that the use may not house more than four (4) persons, not including resident supervisors or staff and their families;

(h) Entertainment, assembly, and performing arts;

(i) Government, local;

(j) Lodging;

(k) Office;

(l) Parks and recreation;

(m) Residential;

(n) Retail; and

(n) Service, general and financial.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 410

11-K DCMR § 411 PREFERRED USES (HE)

PREFERRED USES (HE)

For the purposes of the HE zones, preferred uses shall include retail, entertainment, assembly, and performing arts, and service uses.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 411

11-K DCMR § 412 USES PERMITTED BY SPECIAL EXCEPTION (HE)

USES PERMITTED BY SPECIAL EXCEPTION (HE)

The following uses shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, subject to Subtitle K § 413 and any applicable provisions of this section:

Campus plan for a college or university use, including a college or university hospital, dormitory, fraternity, or sorority house, proposed to be located on the campus of a college or university, subject to the following conditions:

The use shall be located only on Squares A, B, C, and/or K;

The use shall comply with the height, floor area ratio and lot occupancy standards of each respective square; and

The use shall meet the requirements of Subtitle X, Chapter 1;

A community-based institutional facility not meeting the matter-of-right conditions of Subtitle K § 410 as follows:

Residential uses for nine (9) to fifteen (15) persons, not including resident supervisors or staff and their families;

Community-based institutional facility for one (1) to fifteen (15) persons, not including resident supervisors or staff and their families; and

Additions to or replacement of the Central Detention Facility and the Correction Treatment Facility, provided:

Any addition or replacement to the facilities shall be located only on Squares N and O; and

The application shall include a detailed plan for the facilities and accessory facilities, showing the location, height, and bulk of all improvements, including but not limited to buildings, parking and loading facilities, screening, signs, and utility facilities;

Community service center to accommodate organizations created for the purpose of improving the social or economic well-being of the residents of the area in which the center is proposed to be located, which may include, but not be limited to, centers for job training, family counseling, consumer cooperatives, and such other facilities as are similar in nature and purpose, provided that the community service center shall not be organized for profit, and no part of its net income shall inure to the benefit of any private shareholder or individual;

Community solar facility not meeting the requirements of Subtitle K § 410.3(d), subject to the following:

Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that:

Maintains as many existing native trees as possible;

Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture;

Ensures all trees measure a minimum of six feet (6 ft.) in height at the time of planting; and

The Application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report; and

Emergency shelter uses for five (5) to fifteen (15) persons, not including resident supervisors or staff and their families;

Fast food establishment or food delivery business subject to the following conditions:

The use shall not include a drive-through;

The use shall be designed and operated so as not to become objectionable to neighboring properties because of noise, sounds, odors, lights, hours of operation, or other conditions;

There shall be adequate facilities to allow deliveries to be made and trash to be collected without obstructing public rights-of-way or unreasonably obstructing parking spaces, aisles, or driveways on the site; and

The Zoning Commission may impose conditions pertaining to design, screening, lighting, soundproofing, off-street parking spaces, signs, method and hours of trash collection, or any other matter necessary to protect adjacent or nearby property;

Health care uses:

A hospital use may be located only on Square B and/or C subject to the design conditions of this chapter and provided that:

Need of the facility is demonstrated through a certificate of need, including a review and report by the Department of Human Services on the need for the facility and on the ability of the specific design of the facility to meet that need; and

There is a detailed plan for the facility and accessory buildings, showing the location, height, and bulk of all improvements, including but not limited to buildings, parking and loading facilities, screening, signs, capacities of the various facilities, and public utility facilities; and

A skilled care facility or intermediate nursing care facility under the Health Care Facilities and Community Residence Regulations;

Parking uses, subject to the following conditions:

Parking in above grade structures, provided:

Structures shall not directly front onto a primary or secondary street,

Preferred uses, as defined in Subtitle K § 411, shall occupy the ground floor to a minimum depth of thirty (30) feet to separate parking areas from the primary or secondary street; and

Upper floors shall be separated from a primary or secondary street by commercial or residential uses; and

New or expanded at-grade surface parking lots accessory to an existing use or building for a period of five (5) years which may be renewed a maximum of two (2) times;

Private school, including residences for teachers and/or staff, subject to the following conditions:

The use shall be located only on Squares A, B, C, and/or K;

The use shall comply with the height, floor area ratio and lot occupancy standards of each respective square; and

The use shall meet the requirements of Subtitle X, Chapter 1;

(j) Utility (basic) uses and supporting infrastructure facilities, such as an electrical substation, natural gas regulator station, pump station, telecommunications facility, or any co-generation facility. Additional setbacks and screening requirements may be required as the Board of Zoning Adjustment deems necessary for protection of the surrounding neighborhood; and

(k) Other principal uses that are not permitted by Subtitle K § 410, but not prohibited by Subtitle K § 415 shall be permitted in the HE zones as a special exception subject to the following conditions in addition to the general special exception criteria of Subtitle X and Subtitle K § 416; provided the Zoning Commission considers that the use is appropriate in furthering the purposes of the HE zones.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 412

11-K DCMR § 413 SPECIAL EXCEPTIONS – GENERAL USE PROVISIONS (HE)

SPECIAL EXCEPTIONS – GENERAL USE PROVISIONS (HE)

In addition to the general standard set forth in Subtitle X, and any specific conditions set forth in Subtitle K § 412, an applicant for a special exception within the HE zones must demonstrate the following:

Parking and traffic conditions associated with the operation of a proposed use shall not adversely affect adjacent or nearby uses;

Noise associated with the operation of a proposed use shall not adversely affect adjacent or nearby uses;

The proposed building will comply with the applicable ground floor use and design requirements of Subtitle K §§ 416 through 419;

The building’s architectural design will enhance the urban design features of the immediate vicinity in which it is located; and

Vehicular access and egress will be located and designed so as to encourage safe and efficient pedestrian movement, minimize conflict with principal pedestrian ways, function efficiently, and create no dangerous or otherwise objectionable traffic conditions.

The Office of Planning shall refer applications for special exceptions filed pursuant to this section to the District Department of Transportation, and shall submit a report for each such application addressing:

Whether the proposed use furthers the purposes of the HE zones;

The relationship of the proposed use to other planning considerations for the area and the District of Columbia as a whole, including the plans, programs, and policies of other departments and agencies of the District government;

The impact of the proposed use on neighboring properties; and

Any other matters that are within the Office of Planning's jurisdiction.

The Board of Zoning Adjustment or Zoning Commission may impose requirements pertaining to design, appearance, signs, massing, landscaping, and other such requirements as it deems necessary to protect neighboring property and to achieve the purposes of the HE District.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 413

11-K DCMR § 414 ACCESSORY USES (HE)

ACCESSORY USES (HE)

Except when required as a special exception by Subtitle K § 412 or not permitted by this section, accessory uses, buildings, or structures customarily incidental and subordinate to the principal uses permitted in Subtitle K § 410 shall be permitted in the HE zones as a matter of right subject to any limitations of this subtitle.

Parking as an accessory use shall be permitted except that at-grade accessory surface parking lots shall not be permitted.

414.3 Short-Term Rental shall be permitted as an accessory use to a principal residential use in the HE zones.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 1543 (February 14, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 414

11-K DCMR § 415 PROHIBITED USES IN THE HE ZONES (HE)

PROHIBITED USES IN THE HE ZONES (HE)

The following uses are prohibited within the HE zones as both principal and accessory uses, unless otherwise noted:

Any establishment that has as its principal use the administration of massages;

Any industrial use first permitted in an MU zone;

At-grade surface parking lots, except as provided in Subtitle K § 412.1(i)(2);

Drive-through establishment (any establishment where goods are sold/rented or services rendered, directly to occupants of motor vehicles while in the vehicles);

Self-storage establishment;

Sexually-oriented business establishment; and

Vehicle sales, repair and servicing, including full-serve and mini-serve gas stations, unattended key card stations, car washes, quick lubrication services, and vehicle emission test sites.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 14506 (December 11, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 415

11-K DCMR § 416 INCLUSIONARY HOUSING REQUIREMENTS (HE)

INCLUSIONARY HOUSING REQUIREMENTS (HE)

Development that is subject to the inclusionary zoning requirements in Subtitle C, Chapter 10 shall be constructed according to the provisions set forth in Subtitle K § 402, notwithstanding any bonus it may be granted by Subtitle C, Chapter 10.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 416

11-K DCMR § 417 GROUND FLOOR USE REQUIREMENTS (HE)

GROUND FLOOR USE REQUIREMENTS (HE)

The following locations are required to devote not less than sixty-five percent (65%) of the ground floor frontage to preferred uses and main building entrances, or lobbies to office and residential uses, and shall comply with the design requirements of Subtitle K §§ 418 through 420:

The west face of Square F (19th Street frontage);

The northwest corner of Square G;

The southeast corner of Square J at Massachusetts Avenue and Water Street, facing the monumental circle;

The northeast corner of Square M at Massachusetts Avenue and Water Street, facing the monumental circle; and

All Independence Avenue and Massachusetts Avenue frontages.

The following locations are permitted to have ground floor preferred uses, provided that the building shall be constructed so that not less than sixty-five percent (65%) of the ground floor frontage will be devoted to preferred uses and main building entrances, or lobbies to office and residential uses and shall comply with the design requirements of Subtitle K §§ 418 through 420:

All frontages on 19th Street;

All frontages on Burke Street;

The C Street frontage of Square H, facing the park in Square E, for a maximum length of two hundred feet (200 ft.) from Square H’s northeast corner at the intersection of C Street and 21st Street;

The 21st Street frontage of Square D;

The southeast corner of Square D, which faces the intersection of C Street and Water Street;

The northeast corner of Square I, which faces the intersection of C Street and Water Street; and

All frontages on Water Street.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 417

11-K DCMR § 418 DESIGN STANDARDS FOR GROUND FLOOR PREFERRED USES CONDITIONS (HE)

DESIGN STANDARDS FOR GROUND FLOOR PREFERRED USES CONDITIONS (HE)

Wherever preferred uses, as defined in Subtitle K §411, are required or allowed pursuant to Subtitle K §§ 412, such ground floor preferred uses shall:

If located on a corner, wrap around the corner to a minimum depth of twenty feet (20 ft.) on the side street;

Occupy the ground floor to a minimum depth of thirty feet (30 ft.);

Have a minimum clear floor-to-ceiling height of fourteen feet (14 ft.), measured from the finished grade, for the area of the ground floor dedicated to preferred uses;

The street-facing facades of buildings on primary streets shall devote not less than seventy-five percent (75%) per individual use or fifty percent (50%) of the length and fifty percent (50%) of the surface area of the street wall at the ground level to windows associated with preferred uses or windows associated with main building entrances; and

The street-facing facades of mixed-use or non-residential buildings on secondary streets shall devote not less than seventy-five percent (75%) per individual use or thirty percent (30%) of the length and thirty percent (30%) of the surface area of the street wall at the ground level to windows associated with preferred uses or windows associated with main building entrances.

The windows required by Subtitle K § 418.1(d) shall have clear or clear/low-emissivity glass allowing transparency to a depth of twenty feet (20 ft.) into the preferred ground level space, with bottom sills no more than four feet (4 ft.) above the adjacent sidewalk grade.

Such windows must allow views from within the building to the street.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 418

11-K DCMR § 419 DESIGN CONDITIONS (HE)

DESIGN CONDITIONS (HE)

The provisions of this section establish the design requirements for all buildings and structures located in the HE zones.

Except as provided in Subtitle K § 418.2, the front of a building or structure shall extend to the property line(s) abutting the street right-of-way for not less than ninety percent (90%) of the property line and to a height of not less than twenty-five feet (25 ft.).

Whatever portion of the front of a building or structure that does not extend to the property line(s) pursuant to Subtitle K § 419.2 must extend to within twenty-five feet (25 ft.) of the front property line and to a height of not less than twenty-five feet (25 ft.).

Awnings, canopies, bay windows, and balconies may extend forward of the required building line to the extent permitted by any other regulations.

For every fifty feet (50 ft.) of uninterrupted building façade length, the building shall incorporate modulated and articulated building wall planes through the use of projections, recesses and reveals expressing structural bays, changes in color graphical patterns, texture, or changes in building material of the façade.

The articulation shall have a minimum change of plane of six inches (6 in.).

Façade articulation of less than two feet (2 ft.) in depth shall qualify to meet the street frontage required building line standards of Subtitle K §§ 419.2 and 419.3.

Any single articulation feature shall not exceed sixty percent (60%) of the building façade width.

Buildings with ground floor retail shall incorporate vertical elements to create a series of storefront-type bays with entrances that are no more than fifty feet (50 ft.) apart.

Security grilles shall have no less than seventy percent (70%) transparency.

Street-facing facades shall not have blank walls (without doors or windows) greater than ten feet (10 ft.) in length.

Each use within a building shall have an individual public entrance that is clearly defined and directly accessible from the public sidewalk.

Exterior display of goods and exterior storage between the building line and the front lot line is prohibited. Outdoor seating for restaurants and pedestrian-oriented accessory uses, such as flower, food, or drink stands, or other appropriate vendors, are permitted to the extent consistent with other District laws.

Windows shall cover the following minimum area of street-facing façades above the ground floor level.

TABLE K § 419.14: MINIMUM PERCENTAGE OF STREET-FACING FAÇADES

Location

Minimum Percentage

Non-Residential

Residential

Primary Street

35%

20%

Secondary Street

40%

20%

Buildings and structures shall clearly articulate a base, middle, and top, except for row dwellings and flats.

High quality, durable materials which enhance the building and convey permanence shall be required.

The use of synthetic stucco, vinyl siding, and/or other low-grade exterior finishes is prohibited.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 419

11-K DCMR § 420 DESIGN CONDITIONS FOR BUILDINGS LOCATED ON PRIMARY STREETS (HE)

DESIGN CONDITIONS FOR BUILDINGS LOCATED ON PRIMARY STREETS (HE)

The provisions of this section set forth standards for buildings and structures with frontage(s) on a primary street.

Notwithstanding Subtitle K §§ 419.2 and 419.3, the fronts of buildings located at street intersections shall be constructed to the property lines abutting each intersecting street, without any setback, for a minimum of fifty feet (50 ft.) from the intersection, along each street frontage.

The corner of the building at the intersection of two (2) primary streets or a primary and secondary street shall incorporate articulation such as, but not limited to, being angled, curved, or chamfered to emphasize the corner.

The distance from the corner shall not exceed twenty feet (20 ft.), measured from the corner of the lot to the end of the angled or curved wall segment.

Entrances into a building shall be no more than fifty feet (50 ft.) apart and recessed no more than six feet (6 ft.) deep or ten feet (10 ft.) wide.

Buildings shall incorporate vertical elements in the street-facing façade to create a series of storefront-type bays where preferred uses are present.

Residential buildings shall have at least one (1) primary entrance directly accessible from the public sidewalk.

Instead of the windows required by Subtitle K § 418.1(d), on primary streets artwork and displays relating to activities occurring within the building shall be permitted as a special exception if approved by the Zoning Commission pursuant to Subtitle X, provided the applicant demonstrates that:

(a) The building has more than fifty percent (50%) of its ground level space in storage, parking, or loading areas, or in uses which by their nature are not conducive to windows (such as theaters); and

(b) The artwork or displays are consistent with the objective of providing a pleasant, rich, and diverse pedestrian experience.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 419

11-K5 CAPITOL GATEWAY ZONES - CG-1 THROUGH CG-7

11-K DCMR § 500 GENERAL PROVISIONS (CG)

GENERAL PROVISIONS (CG)

The purposes of the Capitol Gateway (CG) zones (CG-1 through CG-7) are to:

Assure development of the area with a mixture of residential and commercial uses, and a suitable height, bulk, and design of buildings, as generally indicated in the Comprehensive Plan and recommended by planning studies of the area;

Encourage a variety of support and visitor-related uses, such as retail, service, entertainment, cultural, and hotel uses;

Allow for continuation of existing industrial uses, which are important economic assets to the city, during the extended period projected for redevelopment;

Require suitable ground-level retail and service uses and adequate sidewalk width along M Street, S.E., near the Navy Yard Metrorail station;

Provide for development of Squares 702-706 and Reservation 247 as a ballpark for major league sport and entertainment and associated uses;

Provide for the establishment of South Capitol Street between M Street, S.E., and the Anacostia waterfront as a monumental civic boulevard;

Provide for the development of Half Street, S.E., as an active pedestrian-oriented street with active ground floor uses and appropriate setbacks from the street facade to ensure adequate light and air, and a pedestrian scale; and

Provide for the development of First Street, S.E., as an active pedestrian-oriented street with active ground floor uses, connecting M Street, the Metro Station, and existing residential neighborhoods to the Ballpark site and the Anacostia Waterfront.

The CG zones shall constitute the Zoning Regulations for the geographic area referred to in Subtitle W § 101.1. Where there are conflicts between this chapter and other chapters or subtitles of this title, the provisions of the CG Zone shall govern.

Development in the CG zones shall be in accordance with the development standards found at Subtitle K §§ 501 through 506.

The Inclusionary Zoning (IZ) development standards for the CG zones are as established in this chapter and indicated by the abbreviation IZ, and all other Inclusionary Zoning requirements for the CG zones are as specified in Subtitle C, Chapter 10, including IZ Plus Inclusionary Developments.

Penthouses and rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15, and the height and story limitations specified in each zone of this subtitle.

500.6 Except for IZ Plus Inclusionary Developments, the Inclusionary Zoning requirements, modifications, and bonus density of Subtitle C, Chapter 10, shall not apply to the CG-1 zone; provided that the IZ bonus density of Subtitle C § 1002.3 is available for Voluntary Inclusionary Developments in the CG-1 zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 500

11-K DCMR § 501 DEVELOPMENT STANDARDS (CG-1)

DEVELOPMENT STANDARDS (CG-1)

The CG-1 zone is intended to permit high-density housing and appropriate renovation of or addition to the existing housing stock.

The development standards of Subtitle K §§ 501.3 to 501.11 shall control the bulk of buildings in CG-1 zone.

The maximum permitted floor area ratio (FAR) in the CG-1 zone shall be 6.0, or 7.2 for Inclusionary Developments.

The maximum permitted building height, not including the penthouse or rooftop structure, in the CG-1 zone shall be ninety feet (90 ft.). Subtitle K § 510 contains design-related conditions on height and upper story setbacks for South Capitol Street, a designated street of Subtitle K § 508.

The maximum permitted height of a penthouse or rooftop structure in the CG-1 zone shall be twenty feet (20 ft.), and the maximum number of shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.

The maximum permitted lot occupancy for residential use in the CG-1 zone shall be seventy-five percent (75%), or ninety percent (90%) for Inclusionary Developments.

A minimum rear yard of fifteen feet (15 ft.) shall be required in the CG-1 zone. The Board of Zoning Adjustment may grant a special exception for an addition that cannot comply with the rear yard regulations. In addition to complying with the general special exception criteria of Subtitle X, the Board of Zoning Adjustment shall find that the addition, together with the original building, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale and pattern of buildings along the subject street frontage.

No side yard is required for the principal building; however, any side yard provided to any portion of the principal building shall be at least three inches (3 in.) per one foot (1 ft.) of height, and no less than five feet (5 ft.).

Where an open court is provided, the court shall have the following minimum dimensions:

TABLE K § 501.9: MINIMUM COURT DIMENSIONS

Type of Structure

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

Residential (except hotel):

4 in./ft. of height of court;

10 ft. minimum.

4 in./ft. of height of court;

15 ft. minimum.

Twice the square of the required width of court dimension;

350 sq. ft. minimum.

Non-Residential and Lodging:

2.5 in./ft. of height of court;

6 ft. minimum.

2.5 in./ft. of height of court;

12 ft. minimum.

Twice the square of the required width of court dimension;

250 sq. ft. minimum.

In the case of an alteration affecting the amount of light and ventilation required in an existing building in a Residence District by other municipal law or regulation, no legally required window shall be permitted to open onto a court that does not comply with the dimensions given in Subtitle K § 501.9.

The minimum required green area ratio (GAR) for the CG-1 zone shall be 0.3.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 68 DCR 013904 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 501

11-K DCMR § 502 DEVELOPMENT STANDARDS (CG-2)

DEVELOPMENT STANDARDS (CG-2)

The CG-2 zone is intended to permit medium-density mixed-use development with a focus on residential use and provide for the establishment of South Capitol Street as a monumental civic boulevard.

The development standards in Subtitle K §§ 502.3 through 502.11 shall control the bulk of buildings in CG-2 zone.

The maximum permitted FAR in the CG-2 zone shall be 6.0 or 7.2 FAR with IZ, with a maximum non-residential FAR of 2.0. Non-residential floor area shall be the total gross floor area of the building not dedicated to uses in one (1) of the following categories:

Residential;

Emergency shelter;

Lodging uses; or

Education uses that are operated or chartered by the District Government.

The maximum permitted building height, not including the penthouse or rooftop structure, in the CG-2 zone shall be ninety feet (90 ft.) or one hundred and ten feet (110 ft.) if permitted by the Inclusionary Zoning regulations set forth in Subtitle C, Chapter 10. Subtitle K § 510 contains design-related conditions on height and upper story setbacks for South Capitol Street, a designated street of Subtitle K § 508.

The maximum permitted height of a penthouse or rooftop structure in the CG-2 zone shall be twenty feet (20 ft.), and the maximum number of stories shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.

The maximum permitted lot occupancy for residential use in the CG-2 zone shall be eighty percent (80%), or ninety percent (90%) with Inclusionary Zoning.

The rear yard requirements for the CG-2 zone are as follows:

A minimum rear yard of fifteen feet (15 ft.) shall be required in the CG-2 zone;

If the property does not abut an alley, the required rear yard shall be measured as follows:

Measure a horizontal plane from the mean elevation of the rear lot-line, parallel to the rear lot line, into the lot, the distance of the required minimum yard identified in the development standards table; and

From the furthest point from the rear lot-line along the horizontal plane, identified in the previous paragraph, define a vertical plane up to the maximum height limit of the zone. This vertical plane will form the rear yard; and

If the property abuts and alley, the required rear yard shall be measured as follows:

Measure a horizontal plane twenty-five feet (25 ft.) above the mean elevation of the rear lot-line, parallel to the rear lot line, into the lot, the distance of the required minimum yard identified in the development standards table; and

From the furthest point from the rear lot-line along the horizontal plane identified in the previous paragraph, measure a vertical plane up to the maximum height limit of the zone. This vertical plane will form the rear yard.

No side yard is required for the principal building; however, any side yard provided on any portion of the principal building shall be at least two inches (2 in.) per one foot (1 ft.) of height, and no less than five feet (5 ft.).

Where an open court is provided, the court shall have the following minimum dimensions:

TABLE K § 502.8: MINIMUM COURT DIMENSIONS

Type of Structure

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

Residential (except hotel):

4 in./ft. of height of court;

10 ft. minimum.

4 in./ft. of height of court;

15 ft. minimum.

Twice the square of the required width of court dimension;

350 sq. ft. minimum.

Non-Residential and Lodging:

2.5 in./ft. of height of court;

6 ft. minimum.

2.5 in./ft. of height of court;

12 ft. minimum.

Twice the square of the required width of court dimension;

250 sq. ft. minimum.

In the case of an alteration affecting the amount of light and ventilation required in an existing building in an R, RF, or RA zone by other municipal law or regulation, no legally required window shall be permitted to open onto a court that does not comply with the dimensions given in Subtitle K § 502.9.

The minimum required GAR for the CG-2 zone shall be 0.3.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 502

11-K DCMR § 503 DEVELOPMENT STANDARDS (CG-3)

DEVELOPMENT STANDARDS (CG-3)

The CG-3 zone is intended to permit high-density mixed-use development with a focus on employment and provide for the establishment of South Capitol Street as a monumental civic boulevard.

The development standards in Subtitle K §§ 503.3 through 503.10 shall control the bulk of buildings in CG-3 zone.

The maximum permitted FAR in the CG-3 zone shall be 6.5 or 7.8 FAR with IZ. Non-residential floor area shall be the total gross floor area of the building not dedicated to uses in one (1) of the following categories:

Residential;

Emergency shelter;

Lodging uses; or

Education uses that are operated or chartered by the District Government.

The maximum permitted building height, not including the penthouse or rooftop structure, in the CG-3 zone shall be ninety feet (90 ft.). Subtitle K § 510 contains design-related conditions on height and upper story setbacks for South Capitol Street, a designated street of Subtitle K § 508.

The maximum permitted height of a penthouse or rooftop structure in the CG-3 zone shall be twenty feet (20 ft.), and the maximum number of stories shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.

The rear yard requirements for the CG-3 zone are as follows:

A minimum rear yard of twelve feet (12 ft.) shall be required in the CG-3 zone; and

The required rear yard shall be measured as follows:

If the lot abuts an alley, the rear yard may be measured from the center line of an alley abutting a rear-lot line, instead of the rear lot-line. If the lot does not abut an alley, the rear yard shall be measured from the rear lot line;

Measure a horizontal plane twenty-five feet (25 ft.) above the mean elevation of the rear lot-line, parallel to the rear lot-line, into the lot, the distance of the required minimum yard identified in the development regulations table;

From the furthest point from the rear lot-line along the horizontal plane identified in the previous paragraph, measure a vertical plane up to the maximum height limit of the zone;

Measure an angular plane from the mean elevation of the rear lot-line, into the lot, with a vertical rise to horizontal run ratio of four and sixty-six tenths to one (4.66:1), up to the maximum height limit of the zone; and

The vertical plane of paragraph (3), and, the angular plane of paragraph (4) from the point where it intersects the vertical plane of paragraph (3), shall form the rear yard.

Where an open court is provided, the court shall have the following minimum dimensions:

TABLE K § 503.8: MINIMUM COURT DIMENSIONS

Type of Structure

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

Residential (except hotel):

4 in./ft. of height of court;

10 ft. minimum.

4 in./ft. of height of court;

15 ft. minimum.

Twice the square of the required width of court dimension;

350 sq. ft. minimum.

Non-Residential and Lodging:

2.5 in./ft. of height of court;

6 ft. minimum.

2.5 in./ft. of height of court;

12 ft. minimum.

Twice the square of the required width of court dimension;

250 sq. ft. minimum.

The minimum required GAR for the CG-3 zone shall be 0.25.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 503

11-K DCMR § 504 DEVELOPMENT STANDARDS (CG-4)

DEVELOPMENT STANDARDS (CG-4)

The CG-4 zone (CG/CR) is intended to permit medium- to high-density mixed-use development with a balance of uses conducive to a higher quality of life and environment for residents, businesses, employees, and institutions; encourage provision of active pedestrian-oriented streets with active ground floor uses, particularly along specified primary streets; and promote pedestrian safety by separating pedestrian and vehicular circulation patterns.

The development standards in Subtitle K §§ 504.3 through 504.9 shall control the bulk of buildings in CG-4 zone.

The permitted FAR in the CG-4 zone is as follows:

The maximum permitted FAR in the CG-4 zone shall be 6.0 or 7.2 FAR with IZ, with a maximum non-residential FAR of 3.0;

A building shall be allowed a maximum FAR of 8.2; provided that the additional 1.0 FAR shall be devoted solely to residential uses, which, for the purposes of this subsection, does not include hotel uses;

A building or structure for a parks and recreation use shall have a maximum permitted gross floor area of forty-thousand square feet (40,000 sq. ft.); and

To help ensure the provision of the desired range of uses and to encourage the development of a mix of uses in the CG-4 zone, two (2) or more lots within the CG-4 zone may be combined for the purposes of allocating residential and non-residential uses regardless of the normal limitation on floor area by uses on each lot, subject to the following:

The non-residential floor area of a building may exceed the zone’s non-residential density, up to the maximum total density permitted within that zone;

Non-residential floor area shall be the total gross floor area of the building not dedicated to uses in one (1) of the following categories:

Residential;

Emergency shelter; or

Lodging uses;

The aggregate residential and non-residential floor area on a lot shall not exceed the matter-of-right maximum floor area or height of the zone district, except when bonus density is being constructed in accordance with the provisions of Subtitle K § 504.3(b);

The residential and nonresidential floor area on each individual parcel shall not exceed a maximum FAR of 8.0 on parcels for which a height of one hundred ten feet (110 ft.) is permitted or 8.5 FAR on parcels for which a height of one hundred thirty feet (130 ft.) is permitted by the Height Act;

The amount of commercial density transferred from one (1) parcel to another may not exceed the lesser of an FAR of 3.0 or the amount of residential density being transferred;

This section may not be used to transfer density to or from any other zone;

The Zoning Commission may, at its discretion, grant an additional transfer of density of 1.0 FAR maximum to or within Squares 700, 701, and 702, subject to the applicant addressing to the satisfaction of the Zoning Commission the objectives and guidelines of Subtitle K § 510, as applicable; and

No allocation of gross floor area shall be effective unless an instrument, legally sufficient to effect such a transfer, is filed consistent with the provisions of Subtitle K § 511.

The maximum permitted height in the CG-4 zone shall be as follows:

The maximum permitted building height, not including the penthouse or rooftop structure, in the CG-4 zone shall be ninety feet (90 ft.) and one-hundred feet (100 ft.) with Inclusionary Zoning (IZ); and

The maximum permitted building height, not including the penthouse or rooftop structure, shall be that permitted under the Height Act for any site utilizing the residential bonus density of Subtitle K § 504.3(b); or receiving combined lot density pursuant to Subtitle K § 504.3(f) but only to the extent necessary to accommodate any additional density received from another parcel:

Subtitle K § 510 contains design-related conditions on height and upper story setbacks for segments of Half Street, S.E., Potomac Avenue, and South Capitol Street, designated streets of Subtitle K § 508; and

In Squares 601, 656, and 657, those lots abutting or separated only by a street or alley from residentially zoned property shall provide a one-to-one (1:1) building setback for any part of a building or structure that exceeds ninety feet (90 ft.) on the side abutting the residential zone.

The maximum permitted height of a penthouse or rooftop structure in the CG-4 zone shall be twenty feet (20 ft.), and the maximum number of stories shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.

The maximum permitted lot occupancy for residential use in the CG-4 zone shall be seventy-five percent (75%), or eighty percent (80%) with Inclusionary Zoning.

The front setbacks for the CG-4 zone are as follows:

The setback along M Street shall be measured from the face of the adjacent curb along M Street to the building or structure; and

The front setback from South Capitol Street, S.E. and S.W. shall be provided for the entire height and frontage for each new building or structure.

For the CG-4 zone, a rear yard is required only for residential uses. If required, the rear yard shall be:

A minimum two and one-half inches (2.5 in.) per one foot (1 ft.) of vertical distance from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof or parapet wall, but not less than twelve feet (12 ft.) shall be provided;

Established no lower than the first level of residential use; and

Measured as follows:

Where a lot abuts an alley, the rear yard may be measured from the center line of the alley to the rear wall of the building or other structure; and

(2) Where a lot does not abut an alley, the rear yard shall be measured from the rear lot line to the rear wall of the building or other structure.

Where an open court is provided, the court shall have the following minimum dimensions:

TABLE K § 504.8: MINIMUM COURT DIMENSIONS

Type of Structure

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

Residential (except hotel):

4 in./ft. of height of court;

10 ft. minimum.

4 in./ft. of height of court;

15 ft. minimum.

Twice the square of the required width of court dimension;

350 sq. ft. minimum.

Non-Residential and Lodging:

2.5 in./ft. of height of court;

6 ft. minimum.

2.5 in./ft. of height of court;

12 ft. minimum.

Twice the square of the required width of court dimension;

250 sq. ft. minimum.

The minimum required GAR for the CG-4 zone shall be 0.2.

Within the CG-4 zone, a plaza comprising eight percent (8%) of the lot area shall be provided for development on a lot of greater than ten thousand square feet (10,000 sq. ft.), in accordance with the provisions of Subtitle C, Chapter 17. Where preferred use space is required under this chapter and provided, the requirement to provide plaza space shall not apply.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 6110 (June 30, 2017); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 504

11-K DCMR § 505 DEVELOPMENT STANDARDS (CG-5)

DEVELOPMENT STANDARDS (CG-5)

The CG-5 zone is intended to permit medium-density mixed-use development generally in the vicinity of the waterfront; encourage a variety of support and visitor-related uses, such as retail, service, entertainment, cultural and hotel uses; provide for a reduced height and bulk of buildings along the Anacostia River in the interest of ensuring views over and around waterfront buildings; and provide for continuous public open space along the waterfront with frequent public access points.

The development standards in Subtitle K §§ 505.3 through 505.9 shall control the bulk of buildings in CG-5 zone.

The permitted density in the CG-5 zone is as follows:

The maximum permitted FAR in the CG-5 zone shall be 4.0 or 4.8 FAR with IZ, with a maximum non-residential FAR of 2.0;

Non-residential floor area shall be the total gross floor area of the building not dedicated to uses in one (1) of the following categories:

Residential;

Emergency shelter;

Lodging uses; or

Education uses that are operated or chartered by the District Government;

The Zoning Commission may grant bonus density for residential development in a building or a combined lot development, using a guideline of 1.0 FAR in excess of the normally-allowed maximum of 4.0 FAR, provided that:

The building or combined lot development shall include at least 2.0 FAR of residential uses;

The Zoning Commission, at its discretion, may allow construction of such bonus density on the property zoned CG-5 or may allow only for the bonus density to be transferred off-site to a lot or lots zoned CG-4; and

The provisions of Subtitle K § 511 shall govern the procedures for transferring bonus density off-site if permitted by the Zoning Commission;

The Zoning Commission, at its discretion, may also provide for additional on-site or off-site bonus density to be earned for setbacks required under this section, based on the land area of the setback and the proposed features for public open space uses; provided, that 2.0 FAR based on the land area of the open space setback shall be used as a general guideline; and

A building or structure for a local government or parks and recreation use shall have a maximum permitted FAR of 1.8.

Height requirements for the CG-5 zone are as follows:

The maximum permitted building height, not including the penthouse or rooftop structure, in the CG-5 zone shall be sixty feet (60 ft.) and eighty feet (80 ft.) with Inclusionary Zoning (IZ);

Subtitle K § 510 contains design-related conditions on building height and upper story setbacks for segments of Potomac Avenue, and South Capitol Street, Designated Streets of Subtitle K § 508;

The Zoning Commission, at its discretion, may grant an additional ten feet (10 ft.) of building height in excess of the base amount to accommodate the bonus density provision of Subtitle K § 505.3; and

A building or structure located on, in or over the water; or a watercraft, including a floating home shall have a maximum height of twenty-five feet (25 ft.). For the purposes of this subsection, the maximum height shall be measured from the mean high water level along the shore directly in front of the building, structure or watercraft to the highest point of the building or structure, not including sailboat masts.

The maximum permitted height of a penthouse or rooftop structure in the CG-5 zone shall be twelve feet (12 ft.), except that a height of fifteen feet (15 ft.) shall be permitted for penthouse mechanical space; and the maximum number of stories shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.

A minimum rear yard of twelve feet (12 ft.) shall be provided for residential use in the CG-5 zone, in accordance with the following conditions:

(a) Where a lot abuts an alley, the rear yard may be measured from the center line of the alley to the rear wall of the building or other structure; and

(b) Where a lot does not abut an alley, the rear yard shall be measured from the rear lot line to the rear wall of the building or other structure.

The waterfront setback in the CG-5 zone is as follows:

The waterfront setback shall be provided in accordance with Subtitle C, Chapter 11 for all buildings and structures constructed after January 7, 2005 on any lot that faces or abuts the Anacostia River;

If the Zoning Commission finds that the setback creates an undue economic hardship for the owner of the lot, the Zoning Commission may reduce the depth of the required setback, but shall in no case approve a setback of less than fifty feet (50 ft.) in depth; and

No private driveway to any parking or loading berth areas in or adjacent to a building or structure constructed after January 7, 2005 shall directly face the waterfront.

Where an open court is provided, the court shall have the following minimum dimensions:

TABLE K § 505.9: MINIMUM COURT DIMENSIONS

Type of Structure

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

Residential (except hotel):

4 in./ft. of height of court;

10 ft. minimum.

4 in./ft. of height of court;

15 ft. minimum.

Twice the square of the required width of court dimension;

350 sq. ft. minimum.

Non-Residential and Lodging:

2.5 in./ft. of height of court;

6 ft. minimum.

2.5 in./ft. of height of court;

15 ft. minimum.

Twice the square of the required width of court dimension;

250 sq. ft. minimum.

The minimum required GAR for the CG-5 zone shall be 0.3.

505.12 The maximum permitted lot occupancy for residential use in the CG-5 zone shall be seventy-five percent (75%).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 6110 (June 30, 2017); as amended by Final Rulemaking published at 65 DCR 11927 (October 26, 2018); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 505

11-K DCMR § 506 DEVELOPMENT STANDARDS (CG-6 AND CG-7)

DEVELOPMENT STANDARDS (CG-6 AND CG-7)

The CG-6 and CG-7 zones are mapped only on lands occupied by the Fort McNair Naval Facility.

Development standards for the CG-6 and CG-7 zones are as follows:

The development standards for the CG-6 zone shall be as established for the MU-12 zone, Subtitle G, Chapter 5; and

The development standards for the CG-7 zone shall be as established for the MU-14 zone, Subtitle G, Chapter 5.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 506

11-K DCMR § 507 USE PERMISSIONS (CG)

USE PERMISSIONS (CG)

The use permissions in this section include uses permitted as a matter of right, as a special exception, and as an accessory use; and uses not permitted.

Use permissions for the CG-1 through CG-7 zones are as specified in the following table:

TABLE K § 507.2: CG-1 THROUGH CG-7 USE PERMISSIONS

Zone

Subtitle/Chapter

Use Group

CG-1

Subtitle U, Chapter 4

CG-2

Subtitle U, Chapter 5

MU-Use Group E

CG-3

Subtitle U, Chapter 5

MU-Use Group F

CG-4

Subtitle U, Chapter 5

MU-Use Group G

CG-5

Subtitle U, Chapter 5

MU-Use Group C

CG-6

Subtitle U, Chapter 5

MU-Use Group C

CG-7

Subtitle U, Chapter 5

MU-Use Group C

Buildings, structures and uses with frontage on the designated streets of Subtitle K § 508 shall provide specified ground floor uses in accordance with the requirements and provisions of Subtitle K § 509.

507.4 A commercial or industrial use that is first permitted in Subtitle U, Chapter 8 (PDR Uses) and that was in existence with a valid Certificate of Occupancy as of January 7, 2005 shall be deemed a conforming use, but shall not be entitled to expand.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 507

11-K DCMR § 508 DESIGNATED STREETS (CG)

DESIGNATED STREETS (CG)

Designated street segments are those segments and side of street rights-of-way where a building with frontage on that street segment must comply with use and/or design regulations that may differ from the requirements of the zone through which the segment passes.

Refer to Subtitle K § 509 for preferred use requirements that apply to specified designated streets.

Refer to Subtitle K § 510 for design related requirements that apply to specified designated streets.

If a lot faces more than one (1) designated street segment or designated area, the regulations governing each category apply.

Designated Street Segments include any portion of the following streets zoned CG-1 through CG-5:

M Street, S.E. or S.W. (south side of street);

South Capitol Street (both sides of street, south of M Street and West side of street north of M Street);

Half Street, S.E. (both sides of street);

First Street, S.E. (west side of street);

Potomac Avenue, S.E. or S.W. (both sides of street); or

P Street, S.W. (both sides of street).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 508

11-K DCMR § 509 USE REQUIREMENTS FOR DESIGNATED STREETS (CG)

USE REQUIREMENTS FOR DESIGNATED STREETS (CG)

Preferred use requirements shall apply only to the following designated streets:

M Street, S.E. or S.W.;

Half Street, S.E.;

First Street, S.E.; and

(d) Potomac Avenue, S.W.

Preferred uses of this section shall include uses within the following use categories:

Animal sales, care, and boarding;

Arts, design, and creation;

Eating and drinking establishments;

Entertainment, assembly, and performing arts;

Retail; and

Service, general or financial.

509.3 Any new building with frontage on the streets identified in Subtitle K § 509.1 shall comply with the following:

(a) Except for buildings with street frontage on Potomac Avenue, S.W., buildings shall devote not less than 0.5 FAR of the ground floor gross floor area to one (1) or more of the preferred uses;

(b) For buildings with street frontage on Potomac Avenue, S.W., one (1) or more preferred uses must be provided on the ground floor for a minimum depth of seventy-five feet (75 ft.) from the building’s Potomac Avenue frontage;

(c) Devote no more than twenty-five percent (25%) of the ground floor gross floor area preferred use requirement to service uses (general or financial);

(d) Devote one hundred percent (100%) of the building's street frontage along the designated street to preferred uses except for space devoted to building entrances or required for fire control; and

(e) For good cause shown, the Zoning Commission may authorize interim occupancy by a non-preferred use of the preferred use space required by that this subsection for up to five (5) years, provided that:

The interim non-preferred use space is suitably designed for future occupancy by a preferred use; and

The interim non-preferred use space is designed to fully meet the applicable design regulations of Subtitle K § 510.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 11927 (October 26, 2018); as amended by Final Rulemaking published at 67 DCR 11696 (October 9, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 509

11-K DCMR § 510 DESIGN REQUIREMENTS FOR DESIGNATED STREETS (CG)

DESIGN REQUIREMENTS FOR DESIGNATED STREETS (CG)

The following design requirements shall apply to the portion of a building or structure with frontage on designated streets as noted:

M Street, S.E. or S.W.:

The streetwall of each new building shall be set back for its entire height and frontage along M Street not less than fifteen feet (15 ft.), measured from the face of the adjacent curb along M Street, S.E.;

The ground floor shall have a minimum clear floor-to-ceiling height of fourteen feet (14 ft.), for a continuous depth of at least thirty-six feet (36 ft.) from the building line on the primary street.

The ground story shall devote at least fifty percent (50%) of the surface area of to display windows or pedestrian entrances having clear low-emissivity glass, and ensure that the view through the display windows and pedestrian entrances is not blocked for at least ten feet (10 ft.) from the building line;

Ground floor pedestrian entrances, or areas where a future ground floor entrance could be installed without structural changes, shall be located no more than an average distance of forty feet (40 ft.) apart on the façade facing the primary street. In no case shall there be fewer than one (1) door; and

No vehicular garage or loading entrance or exit shall be permitted to a building or structure constructed after February 16, 2007, unless otherwise required by the District Department of Transportation, or permitted by the Board of Zoning Adjustment as a special exception evaluated according to Subtitle X, Chapter 9;

South Capitol Street:

Each new building or structure located on South Capitol Street shall be set back for its entire height and frontage not less than fifteen feet (15 ft.), with the exception of a:

Buildings within Square 651; and

Replacement of an existing row dwelling; or

Vertical addition to an existing row dwelling, not extending out into the South Capitol Street right-of-way and not exceeding fifty percent (50%) of the gross floor area of the original row dwelling;

A minimum of sixty percent (60%) of the street-wall shall be constructed on the setback line, with the exception of:

Buildings within Square 651 where a minimum of sixty percent (60%) of the street-wall shall be constructed to the South Capitol Street property line; and

Replacement of or an addition to an existing row dwelling within Squares 653 or 655;

Any portion of a building or structure that exceeds one hundred and ten feet (110 ft.) in height shall provide a one-to-one (1:1) step-back from the building line along South Capitol Street; and

No vehicular garage or loading entrance or exit shall be permitted to a building or structure constructed after February 16, 2007, unless otherwise required by the District Department of Transportation (DDOT), or permitted by the Board of Zoning Adjustment as a special exception evaluated according to Subtitle X, Chapter 9.

Half Street, S.E.:

Any portion of a building or structure that exceeds sixty-five feet (65 ft.) in height shall provide a minimum step-back of twenty feet (20 ft.) in depth from the building line along Half Street SE; provided that the Zoning Commission may grant relief pursuant to Subtitle X from this requirement, to a maximum of fifteen feet (15 ft.) in height and eight feet (8 ft.) in depth, for the provision of reasonable building footprints;

The ground story shall devote at least fifty percent (50%) of the surface area to display windows or pedestrian entrances having clear low-emissivity glass, and ensure that the view through the display windows and pedestrian entrances is not blocked for at least ten feet (10 ft.) from the building line;

Ground floor pedestrian entrances, or areas where a future ground floor entrance could be installed without structural changes, shall be located no more than an average distance of forty feet (40 ft.) apart on the façade facing the primary street. In no case shall there be fewer than one (1) door; and

First Street, S.E.:

The ground floor shall have a The ground floor shall have a minimum clear floor-to-ceiling height of fourteen feet (14 ft.), for a continuous depth of at least thirty-six feet (36 ft.) from the building line on the primary street.

Ground floor pedestrian entrances, or areas where a future ground floor entrance could be installed without structural changes, shall be located no more than an average distance of forty feet (40 ft.) apart on the façade facing the primary street. In no case shall there be fewer than one (1) door;

Potomac Avenue, S.E. or S.W. – Any portion of a building or structure that exceeds one hundred and ten feet (110 ft.) in height shall provide a one-to-one (1:1) step-back from the building line along Potomac Avenue; and

P Street SW – No vehicular garage or loading entrance or exit shall be permitted from P Street, S.W. to a building or structure constructed after February 16, 2007, unless otherwise required by the District Department of Transportation, or permitted by the Board of Zoning Adjustment as a special exception evaluated according to Subtitle X, Chapter 9.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 65 DCR 11927 (October 26, 2018). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 510

11-K DCMR § 511 CERTIFICATION OF COMBINED LOT DEVELOPMENTS

CERTIFICATION OF COMBINED LOT DEVELOPMENTS

No allocation of gross floor area shall be effective unless an instrument, legally sufficient to effect such a transfer, is filed with the Zoning Administrator and recorded by the Recorder of Deeds in the land records against all lots included in the combined lot development.

The instrument shall be in the form of a declaration of covenants that:

Is signed by the owners of all affected lots;

Is for the benefit of the District of Columbia;

Runs with the land in perpetuity;

Burdens all lots involved in the allocation of gross floor area;

Binds the present and future owners of the lot sending nonresidential gross floor area to forgo the nonresidential development and occupation of an on-site area equal to the amount of gross floor area of nonresidential uses transferred; and

States the maximum permitted gross floor areas for all uses in all lots, the maximum allowed gross floor area for nonresidential uses in all lots, and the gross floor area of nonresidential uses allocated. The covenant shall further state that, after the transfer, the combined lots conform with the maximum gross floor area limitations for nonresidential uses on the lots before the transfer.

The declaration of covenants shall expressly state that it may be substantively amended or terminated only with the approval of the Zoning Commission, after public hearing, and only upon a finding that the proposed amendment or termination is fully justified and consistent with the purposes of this chapter.

The declaration of covenants shall be approved in content by the Zoning Administrator and certified for legal sufficiency by the Office of Zoning Legal Division. The declaration shall also contain a written statement by the Director of the Office of Planning attesting to:

The lots' eligibility to allocate residential and nonresidential uses;

The accuracy of the computations with respect to the amount of residential and nonresidential uses allocated; and

Whether, after the transfer, the combined lots will conform with the maximum gross floor area limitations on nonresidential uses for the lots before any such transfer.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 13131 (November 6, 2020); as amended by Final Rulemaking published at 69 DCR 000930 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 511

11-K DCMR § 512 ZONING COMMISSION REVIEW OF BUILDINGS, STRUCTURES, AND USES (CG)

ZONING COMMISSION REVIEW OF BUILDINGS, STRUCTURES, AND USES (CG)

The provisions of this section apply to properties:

Within the CG-5 zone;

Abutting M Street, S.E.;

Located within Squares 700 or 701;

Abutting South Capitol Street, other than renovation or replacement of an existing row dwelling within Squares 653 or 655; or for a minor addition not exceeding fifty percent (50%) of the gross floor area of the original row dwelling structure;

Within Squares 601, 656, or 657; or

Which are the recipient of density through the combined lot provisions of Subtitle K § 505.3(d).

With respect to those properties described in Subtitle K § 512.1, all proposed uses, buildings, and structures, or any proposed exterior renovation to any existing buildings or structures that would result in an alteration of the exterior design, shall be subject to review and approval by the Zoning Commission in accordance with the following provisions.

In addition to proving that the proposed use, building, or structure meets the standards set forth in Subtitle X and the relevant provisions of this chapter, an applicant requesting approval under this section shall prove that the proposed building or structure, including the sitting, architectural design, site plan, landscaping, sidewalk treatment, and operation, will:

Help achieve the objectives of the Capital Gateway defined in Subtitle K § 500.1,

Help achieve the objectives of the Capitol Gateway defined in Subtitle K § 500.1,

Be in context with the surrounding neighborhood and street patterns;

Minimize conflict between vehicles and pedestrians;

Minimize unarticulated blank walls adjacent to public spaces through facade articulation; and

Minimize impact on the environment, as demonstrated through the provision of an evaluation of the proposal against LEED certification standards.

With respect to a building or structure to be constructed on a lot within the CG-5 District:

The building or structure shall provide suitably designed public open space along the waterfront;

A plan shall be included in the application for suitable open space treatment of the setback area for such uses as walkway and bikeway, passive or active recreational use, and including provisions assuring private maintenance of the space, convenient and permanent public access to the space, and suitable connections to adjacent public space along the waterfront; and

The application shall include a view analysis that assesses openness of waterfront views and vistas, and views and vistas toward the Capitol Dome, other federal monumental buildings, existing neighborhoods, South Capitol Street, and the Frederick Douglass Bridge.

With respect to a building or structure which has frontage on Half Street, S.E.:

The building or structure shall provide for safe and active streetscapes through building articulation, landscaping, and the provision of active ground level uses including retail, entertainment, cultural, and pedestrian concourse space;

The building or structure shall provide for safe and convenient movement to and through the site, including to public transit, the Ballpark, and to the Anacostia River; and

The application shall include a view analysis that assesses openness of views and vistas around, including views toward the Capitol Dome, other federal monumental buildings, the Ballpark, and the waterfront.

With respect to a building or structure that has frontage on South Capitol Street, S.E.:

The building or structure shall incorporate massing, materials, and buildings and streetscape landscaping to further the design and development of properties in a manner that is sensitive to the establishment of South Capitol Street as a monumental civic boulevard;

At the time of filing an application with the Zoning Commission, the applicant shall pay the filing fee specified in Subtitle Z, plus such fees as apply to any additional zoning relief requested.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 11927 (October 26, 2018). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 512

11-K DCMR § 513 PARKING AND LOADING REGULATIONS (CG)

PARKING AND LOADING REGULATIONS (CG)

This chapter provides conditions and requirements related to parking spaces, including location and access.

The parking requirements for the CG zones are as follows:

There is no minimum number of vehicular parking space requirement for any use located within a CG zone on any property with frontage on or located east of South Capitol Street; except as required in Subtitle K § 515.1(e) for the ballpark;

Bicycle parking in accordance with the requirements of Subtitle C, Chapter 8 shall be provided; and

All parking shall be sited and designed to conform to the requirements of Subtitle C, Chapters 7 and 8; except parking located on a property which front or abuts the Anacostia River shall also conform to the requirements of Subtitle C, Chapter 11.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 513

11-K DCMR § 514 PLANNED UNIT DEVELOPMENTS (CG)

PLANNED UNIT DEVELOPMENTS (CG)

A planned unit development (PUD) in the CG zones shall be subject to the following provisions in addition to the provisions of Subtitle X, Chapter 3:

The PUD shall be granted only for projects that are superior in achieving the purposes of this chapter and, particularly, the adopted objectives and policies of the Lower Anacostia Waterfront/Near Southwest Area Elements of the Comprehensive Plan;

The PUD process shall not be used to reduce requirements in this chapter for the preferred uses; and

An applicant for a PUD within the CG-4 zone seeking non-residential density greater than the non-residential density permitted in this chapter shall demonstrate to the Zoning Commission that combined lot density pursuant to Subtitle K § 504.3(d) has been acquired to the maximum extent feasible prior to the PUD application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 514

11-K DCMR § 515 BALLPARK DISTRICT (CG)

BALLPARK DISTRICT (CG)

The sub-area use regulations are as follows:

A Ballpark may be constructed and operated within Squares 702, 703, 704, 705, and 706 and Reservation 247 (the “Ballpark Site”), bounded by N Street, S.E., First Street, S.E., Potomac Avenue, S.E., and South Capitol, Street S.E.;

For the purposes of this section, the term "Ballpark" means a stadium or arena, including accessory buildings or structures (including, but not limited to office and transportation facilities) that has as its primary purpose the hosting of professional athletic team events;

The Ballpark may also be used to host events customarily held in such facilities including, but not limited to performances, amateur sporting events, municipal functions, and public or private ceremonies.;

Notwithstanding other provisions for residential or mixed uses in this chapter, no portion of the density need be used for residential purposes within the Ballpark Site;

A maximum of one thousand two hundred twenty-five (1,225) vehicular parking spaces shall be provided for the Ballpark use within the Ballpark Site, in addition to bus parking requirements of Subtitle K § 515.3(d). Of this number, a minimum of one hundred twenty-five (125) shall be designated handicapped parking spaces. Any parking spaces in addition to the one thousand two hundred twenty-five (1,225) amount shall be permitted if approved by the Zoning Commission pursuant to Subtitle K § 515.4 subject to the applicant demonstrating:

That the parking spaces are needed to satisfy parking demand generated by the Ballpark not met by existing or approved but not yet constructed parking facilities; and

Compliance with the provisions of Subtitle K § 515.4;

In considering whether to approve additional ballpark-related at or above-ground parking spaces under Subtitle K § 515.1(e), the Zoning Commission shall judge, balance, and reconcile the need for additional on-site parking against any adverse impacts the presence of the parking will have on traffic, and the aesthetics and development of the surrounding neighborhood; and

All parking spaces within the Ballpark Site shall be provided underground. At or above grade parking spaces shall be permitted if approved by the Zoning Commission pursuant to Subtitle K § 515.4; subject to the applicant demonstrating:

Practical difficulty with the provision of underground parking; and

Compliance with the provisions of Subtitle K § 515.4.

The prefered use regulations are as follows:

Preferred uses of this section shall include one (1) or more of the following use categories:

Retail;

Entertainment, assembly, and performing arts;

Eating and drinking establishments;

Animal sales, care, and boarding;

Arts, design, and creation; and

Services, general or financial;

Not less than twenty percent (20%) of the Ballpark building's exterior perimeter frontage, not including any detached accessory building, shall be devoted to preferred uses of Subtitle K § 515.2(a) in accordance with the provisions of the following provisions:

Preferred uses shall have a street orientation;

Preferred uses shall provide direct exterior access at ground level;

Not less than fifty percent (50%) of area devoted to preferred uses shall be devoted to display windows having clear or low-emissivity;

The minimum floor to ceiling height of area devoted to preferred uses shall be fourteen feet (14 ft.) clear; and

The average depth from the exterior facade in towards the center of the building for space devoted to preferred retail shall be fifty feet (50 ft.) minimum; and

The Zoning Commission may grant relief to a maximum of fifty percent (50%) of the amount of space required by Subtitle K § 515.2(b) if necessary for the economic viability of the Ballpark and if consistent with the purposes of the Capital Gateway zones as stated in Subtitle K § 500.1 and the provisions of Subtitle K § 524.4.

The design regulations are as follows:

The Ballpark's maximum permitted height shall be that permitted by the Height Act, as amended. For the purposes of determining height for a Ballpark, height shall mean the vertical distance measured from the level of the curb opposite the middle of the front of the building to the highest point of the building, including a scoreboard, roof, cantilevered sunscreen, or parapet;

Each building or structure located on the portion of South Capitol Street that lies within the Ballpark Site shall be set back for its entire height and frontage not less than fifteen feet (15 ft.), provided that a minimum of sixty percent (60%) of the street-wall shall be constructed on the setback line;

In addition to the streetwall setbacks of Subtitle K § 515.3(b), any portion of the Ballpark that exceeds one hundred ten feet (110 ft.) in height shall provide an additional one-to-one (1:1) step back from the building line along South Capitol Street;

Any on-site bus parking shall be located internal to a building, with doors and entranceways designed to complement the building facade, and shall permit safe and convenient vehicular and pedestrian movement. The Zoning Commission may grant relief from this requirement pursuant to Subtitle K § 515.4 if necessary to the economic viability of the Ballpark and if consistent with the purposes of the Capital Gateway as stated in Subtitle K § 500.1 and the provisions of Subtitle K § 515.4;

Loading platforms and berths for the Ballpark shall be located internal to a building, with doors and entranceways designed to complement the building facade, and shall permit safe and convenient vehicular and pedestrian movement;

A minimum of one (1) pedestrian entrance gate to the Ballpark shall be provided on each street frontage; and

No private driveway may be constructed or used from South Capitol Street to any parking or loading berth areas in or adjacent to a building or structure constructed after November 4, 2005.

The Ballpark and all other proposed buildings or structures within the Ballpark Site shall be subject to the approval of the Zoning Commission in accordance with the following provisions:

An applicant requesting approval under this section shall prove that the proposed building or structure, including the siting, architectural design, site plan, landscaping, sidewalk treatment, and operation, will minimize potential impacts to the neighborhood and the United States Capitol by:

Minimizing associated noise, particularly into adjacent residential neighborhoods;

Minimizing light spill, particularly into adjacent residential neighborhoods;

Minimizing parking and traffic conflict between Ballpark patrons and neighborhood residents;

Encouraging the use of bicycles through the provision of safe, secure and convenient bike storage, as well as other forms of alternative transportation to the site;

Minimizing conflict between vehicles and pedestrians;

Encouraging the design and development of properties in a manner that is sensitive to the establishment of South Capitol Street as a monumental civic boulevard, while recognizing the proximate residential neighborhood use and context;

Being in context with the surrounding neighborhood and street patterns;

Providing view analysis which assesses openness of views and vistas around the Ballpark, including views toward the Capitol Dome, other federal monumental buildings, and the waterfront, from the surrounding neighborhood and neighborhoods east of the Anacostia River, South Capitol Street, the Frederick Douglas Bridge, and the waterfront;

Providing for safe and convenient movement to and through the site, including to public transit and to the Anacostia River; and

Ensuring that signage on the exterior of building or internal to the ballpark structure but visible from the outside, including the scoreboard, will not have such intensity or brilliance as to cause glare or impair the vision of any driver, or otherwise interfere with the driver's operation of a motor vehicle; adversely impact an owner's enjoyment of residential property located proximate to the ballpark; or impact the character and integrity of the ballpark site;

In addition to the required provisions of Subtitle K § 515.4(a), an applicant requesting approval under this section shall also demonstrate that the proposed building or structure, including the siting, architectural design, site plan, landscaping, sidewalk treatment, and operation will:

Help achieve the objectives of the Capital Gateway as set forth in Subtitle K § 500.1;

Be of a superior quality;

Encourage safe and active streetscapes through building articulation, landscaping, and the provision of active ground level uses including retail, entertainment, cultural, and pedestrian concourse space;

Minimize unarticulated blank walls adjacent to public spaces through facade articulation; and

Promote the use of best practice environmental design, including minimizing potential impacts on the Anacostia River through stormwater management and recycling practices;

The Zoning Commission may impose requirements pertaining to building or structure design, appearance, landscaping, signage, lighting, and other such requirements, as it deems necessary to protect neighboring property and to achieve the purposes of the Capitol Gateway zones;

The Zoning Commission may hear and decide any additional requests for relief from Zoning Regulations for the subject site. Such requests may be advertised, heard, and decided together with the application for Zoning Commission review and approval;

At the time of filing an application with the Zoning Commission, the applicant shall pay the filing fee specified in Subtitle Z plus such fees as apply to any additional zoning relief requested; and

At any time after the application is filed, but no later than thirty (30) days prior to the hearing date, at the request of one (1) or more Zoning Commission member(s), the Zoning Commission may, at a regular or special public meeting, offer preliminary comment on the design presented. Written notice of the Zoning Commission's intent to offer preliminary comment shall be provided to the Applicant, the ANC within which the project is located, and the Office of Planning. The Office Planning may participate at the meeting only through responding to the Zoning Commission's questions and offering solutions to any concerns expressed.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 515

11-K6 SAINT ELIZABETHS EAST CAMPUS ZONES - STE-1 THROUGH STE-19

11-K DCMR § 600 GENERAL PROVISIONS (STE)

GENERAL PROVISIONS (StE)

The Saint Elizabeths East Campus (StE) zones (StE-1 through StE-19) are unique location zones created to implement the public policy goal and objectives of the Comprehensive Plan, St. Elizabeths Redevelopment Framework Plan, as approved by the Council of the District of Columbia on December 16, 2008, and the Saint Elizabeths East Master Plan and Design Guidelines, June 4, 2012.

The StE zones shall constitute the Zoning Regulations for the geographic area referred to in Subtitle W § 115. Where there are conflicts between this chapter and other chapters of this title, the provisions of the StE zones shall govern.

The purposes of the StE zones are to:

Provide for the development of the site with a mix of uses, achieved through the adaptive reuse of existing buildings as well as new construction;

Provide for a broad mix of uses, including residential, commercial, hospitality, educational, and civic uses consistent with the master plan, with a target of approximately four million two hundred thousand square feet (4,200,000 sq. ft.) of development, exclusive of the StE-2, StE-18, and StE-19 zones and specified above-grade parking;

Improve community connectivity and access to and through the campus;

Enhance the unique and historic identity of the campus;

Reinvigorate the campus as an important neighborhood center;

Preserve and adaptively reuse the historic resources;

Embody the District’s design and sustainability goals;

Create a safe public realm and enhanced pedestrian experience;

Enhance multi-modal transportation networks;

Support wider economic development initiatives; and

Ensure a parking supply that meets the needs of the St. Elizabeths site while minimizing impacts on surrounding neighborhoods and incurring acceptable impacts on the surrounding road network.

The land use and design principles are as follows:

Create a safe environment by providing for a mix of uses and open spaces that are capable of being programmed to ensure vitality and social activity;

Create a desirable development opportunity by providing for flexibility in uses and appropriate building heights and densities;

Provide street-activating uses such as retail on the ground floor of buildings along designated public streets;

Recognize the unique and historic characteristics of the site and provide for the appropriate reuse of the historic buildings and new development that will respect the site’s historic nature;

Design and site new development sensitively to preserve existing gateways, vistas, and campus landmarks;

Create focal points to help establish a unique sense of place and orientation;

Provide for significant open space, including community parks, plazas, and natural open space on the site;

Provide for significant open space, including community parks, plazas, and natural open space on the site; and

Promote the use of best practice environmental and stormwater management design.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 600

11-K DCMR § 601 DEVELOPMENT STANDARDS (STE)

DEVELOPMENT STANDARDS (StE)

The development standards in Subtitle K §§ 602 through 611 shall control the bulk of buildings in the StE zones.

The StE zones are divided into the StE-1 through StE-19 zones for the purpose of floor area ratio (FAR), lot occupancy, and building height.

Except as provided in this chapter, the density, height of a building, or structure, not including the penthouse or rooftop structure, lot occupancy, front setback, and rear yard in a StE zone shall not exceed or be less than that set forth in Subtitle K §§ 602 through 606.

601.4 In addition to the development standards set forth in this subtitle, additional general regulations relevant to this Subtitle can be found in Subtitle C.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 67 DCR 1534 (February 14, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 601

11-K DCMR § 602 DENSITY - FLOOR AREA RATIO (FAR) (STE)

DENSITY – FLOOR AREA RATIO (FAR) (STE)

The maximum permitted FAR of buildings in the StE zones shall be given in the following table:

TABLE K § 602.1: MAXIMUM PERMITTED FAR

Zone District

FAR (Max.)

FAR – Required Residential (Min.)

FAR – Above Grade Parking (Max.)

StE-1

0.20

StE-2

4.00

StE-3

2.50

StE-4

0.50

StE-5

1.50

StE-6

3.20

1.60

StE-7

1.50

1.00

Subtitle K § 602.2

StE-8

0.40

StE-9

1.50

StE-10

1.50

StE-11

0.70

StE-12

3.00

1.50

StE-13

4.00

2.00

StE-14A

1.50

StE-14B

1.50

1.00

StE-15

2.50

1.20

Subtitle K § 602.2

StE-16

3.20

1.60

StE-17

1.00

Subtitle K § 602.2

StE-18

4.00

StE-19

0.00

602.2 Density for structured parking located above grade is regulated as follows:

In addition to the density permitted by Subtitle K § 602.1, additional density for above grade parking is permitted as follows:

Within the StE-7 zone – 1.0 FAR;

Within the StE-15 zone – 1.0 FAR; and

Within the StE-17 zone – 2.0 FAR;

Any of the density permitted under Subtitle K § 602.2(a) that is not used for above grade parking may be utilized for any other use permitted within that zone;

Any above grade parking shall conform to the standards of Subtitle K § 608; and

This density may not be transferred through the combined lot provisions of Subtitle K §§ 602.4 through 602.8 to another parcel.

The minimum lot area for row dwellings in any StE zone shall be one thousand eight hundred square feet (1,800 sq. ft.) with a minimum lot width of eighteen feet (18 ft.).

Except for lots located in the StE-2, StE-10, StE-14a, StE-14b, StE-18, or StE-19 subdistrict, two (2) or more lots in one (1) or more StE subdistrict(s) may be combined for the purpose of achieving the minimum required FAR equivalent of residential uses, subject to the following:

The total height and density limits of the zone(s) shall not be exceeded; The lots may be located in the same StE subdistrict or in different StE subdistricts;

The lot(s) receiving residential gross floor area need not be located in a StE subdistrict with a residential requirement; and

The total height and density limits of the subdistricts shall not be exceeded.

The instrument shall be in the form of a declaration of covenants that:

Is signed by the owners of all affected parcels;

Is for the benefit of the District of Columbia;

Runs with the land in perpetuity;

Burdens all parcels involved in the allocation of gross floor area; and

States the maximum permitted gross floor areas for all uses in all parcels, the maximum allowed gross floor area for nonresidential uses in all parcels and the gross floor area of nonresidential uses allocated. The covenant shall further state that, after the transfer, the combined lots conform with the maximum gross floor area limitations.

The declaration of covenants shall expressly state that it may be substantively amended or terminated only with the approval of the Zoning Administrator.

The lots' eligibility to allocate residential and nonresidential uses;

The accuracy of the computations with respect to the amount of residential and nonresidential uses allocated; and

Whether, after the transfer, the combined lots will conform with the maximum gross floor area limitations for the lots before any such transfer.

The height and density limits of Subtitle K § 603.1 shall serve as the maximums permitted under a planned unit development (PUD).

The density and height limits of Subtitle K §§ 602 and 603 shall serve as the maximums permitted under a planned unit development (PUD).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 1534 (February 14, 2020); as amended by Final Rulemaking published at 67 DCR 13131 (November 6, 2020); as amended by Final Rulemaking published at 69 DCR 000930 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 602

11-K DCMR § 603 HEIGHT (STE)

HEIGHT (STE)

The maximum permitted building height, not including the penthouse or rooftop structure, as well as the maximum permitted penthouse or rooftop structure height and number of stories, in the StE zones shall be given in the following table:

TABLE K § 603.1: MAXIMUM PERMITTED BUILDING HEIGHT, PENTHOUSE AND ROOFTOP STRUCTURE HEIGHT, AND PENTHOUSE AND ROOFTOP STRUCTURE STORIES

Zone

Maximum Building Height (ft.)

Maximum Penthouse or Rooftop Structure Height (ft.)

Maximum Penthouse or Rooftop Structure Stories

StE-1

12 ft. except

15 ft. for penthouse mechanical space

Second story permitted for penthouse mechanical space

StE-2

Subtitle K § 603.3

12 ft. except

18 ft. 6 in. for penthouse mechanical space

Second story permitted for penthouse mechanical space

StE-3

StE-4

12 ft. except

15 ft. for penthouse mechanical space

Second story permitted for penthouse mechanical space

StE-5

12 ft. except

18 ft. 6 in. for penthouse mechanical space

Second story permitted for penthouse mechanical space

StE-6

20 ft.

1 plus mezzanine;

Second story permitted for penthouse mechanical space

StE-7

Subtitle K § 603.2

StE-8

12 ft. except

15 ft. for penthouse mechanical space

Second story permitted for penthouse mechanical space

StE-9

12 ft. except

18 ft. 6 in. for penthouse mechanical space

Second story permitted for penthouse mechanical space

StE-10

12 ft. except

15 ft. for penthouse mechanical space

Second story permitted for penthouse mechanical space

StE-11

12 ft. except

15 ft. for penthouse mechanical space

Second story permitted for penthouse mechanical space

StE-12

20 ft.

Second story permitted for penthouse mechanical space

StE-13

20 ft.

1 plus mezzanine;

Second story permitted for penthouse mechanical space

StE-14 A & B

12 ft. except

15 ft. for penthouse mechanical space

Second story permitted for penthouse mechanical space

StE-15

20 ft.

Second story permitted for penthouse mechanical space

StE-16

20 ft.

1 plus mezzanine;

Second story permitted for penthouse mechanical space

StE-17

20 ft.

Second story permitted for penthouse mechanical space

StE-18

20 ft.

1 plus mezzanine;

Second story permitted for penthouse mechanical space

StE-19

603.2 The maximum permitted building height and penthouse and rooftop structure height within the StE-7 zone is as follows:

(a) For a distance of two hundred fifty feet (250 ft.) measured from the north property line bounding Cypress Street, S.E., the maximum permitted building height, not including the penthouse or rooftop structure, shall be eighty feet (80 ft.) and the maximum permitted height of the penthouse or rooftop structure shall be twenty feet (20 ft.), and the maximum number of stories shall be one (1), except that a second story for penthouse mechanical space shall be permitted; and

(b) For the remainder of this parcel, the maximum permitted height shall be fifty feet (50 ft.); and the maximum permitted height of a penthouse or rooftop structure shall be twelve feet (12 ft.), except that a height of fifteen feet (15 ft.) shall be permitted for penthouse mechanical space; and the maximum number of stories shall be one (1), except that a second story for penthouse mechanical space shall be permitted.

603.3 The maximum permitted building height, not including the penthouse or rooftop structure, for any portion of a building shall be as follows based on the building’s distance from the property’s distance from the property line along Martin Luther King Jr. Avenue:

For a distance of two hundred thirty feet (230 ft.) or less, the maximum permitted building height, not including the penthouse or rooftop structure, shall be forty feet (40 ft.);

For a distance of more than two hundred thirty feet (230 ft.) and less than five hundred sixty feet (560 ft.), the maximum permitted building height, not including the penthouse or rooftop structure, shall be eighty feet (80 ft.); and

For a distance of five hundred sixty feet (560 ft.) or more, the maximum permitted building height, not including the penthouse or rooftop structure, shall be ninety feet (90 ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2513 (March 1, 2019); as amended by Final Rulemaking published at 67 DCR 1534 (February 14, 2020); as amended by Final Rulemaking published at 68 DCR 013650 (December 17, 2021); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 603

11-K DCMR § 604 LOT OCCUPANCY (STE)

LOT OCCUPANCY (STE)

The maximum permitted lot occupancy for the StE zones shall be given in the following table:

TABLE K § 604.1: MAXIMUM PERMITTED LOT OCCUPANCY

Zone District

Lot Occupancy for Residential Use

(Max. %)

StE-1

StE-2

StE-3

StE-4

StE-5

StE-6

StE-7

StE-8

StE-9

StE-10

StE-11

StE-12

StE-13

StE-14A

StE-14B

StE-15

StE-16

StE-17

StE-18

StE-19

n/a

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 1534 (February 14, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 604

11-K DCMR § 605 FRONT SETBACK (STE)

FRONT SETBACK (StE)

Buildings within the StE-17 and StE-18 zones shall be setback not less than ten feet (10 ft.) from the property line that abuts Alabama Avenue and 13th Street.

No part of a building within the StE-17 and StE-18 zones shall project above a plane drawn at a forty-five degree (450) angle from a line located fifty feet (50 ft.) directly above the property line that abuts Alabama Avenue.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 605

11-K DCMR § 606 REAR YARD (STE)

REAR YARD (StE)

A minimum required rear yard of twenty feet (20 ft.) shall be provided in the StE-10, StE-14A, and StE-14B zones.

No part of a building within the StE-6, StE-13, and StE-16 zones shall project above plane drawn at a forty-five degree (45°) angle from a line located seventy-five feet (75 ft.) directly above the eastern property line that abuts the ravine.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 606

11-K DCMR § 607 INCLUSIONARY ZONING (STE)

INCLUSIONARY ZONING (StE)

607.1 All residential development is subject to Inclusionary Zoning and shall be constructed according to the provisions set forth in Subtitle C, Chapter 10.

607.2 The density, height, and lot occupancy maximums of Subtitle K §§ 602, 603, and 604 shall serve as the maximum permitted density for buildings and structures within each zone including for the provision of inclusionary units.

607.3 An inclusionary development in an StE zone shall devote no less than ten percent (10%) of the gross floor area being devoted to residential use for Inclusionary Units.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 66 DCR 13705 (October 18, 2019); as amended by Final Rulemaking published at 67 DCR 1534 (February 14, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 607

11-K DCMR § 608 PARKING (STE)

PARKING (StE)

The cumulative total of all parking spaces, including below-grade, surface, and above-grade structured parking, shall not exceed a total of four thousand eight hundred (4,800) parking spaces, exclusive of parking on the StE-2 or StE-18 zone, existing surface parking lots, historic structures, and any parking associated with existing District of Columbia Government facilities.

Each application to the Department of Consumer and Regulatory Affairs for a development that includes above-grade or below-grade structured parking or surface parking shall provide an accounting of the total number of parking spaces within the StE zones which count towards the four thousand eight hundred (4,800) parking space limit.

Additional parking spaces beyond the four thousand eight hundred (4,800) space limit shall be permitted by special exception by the Board of Zoning Adjustment pursuant to Subtitle X, and provided that the applicant addresses compliance with the following standards:

The application shall include a detailed accounting of the existing and proposed number and locations of parking spaces provided pursuant to Subtitle K § 608.1; and shall also include a traffic study assessing the impacts of the proposed additional parking spaces on local traffic patterns for referral to and comment by the District Department of Transportation;

The applicant shall include a transportation demand management (TDM) plan, as well as District Department of Transportation analysis of the TDM plan. The parameters of the analysis shall be outlined by the District Department of Transportation; and

For any application pursuant to Subtitle K § 608.3:

The Board of Zoning Adjustment shall judge, balance, and reconcile the need for additional on-site parking against any adverse impacts the presence of the parking will have on traffic, and the aesthetics and development of the surrounding neighborhood; and

The Board of Zoning Adjustment may impose requirements pertaining to design, appearance, signs, massing, landscaping, and other such requirements as it deems necessary to protect neighboring property and to achieve the purposes of the StE zones.

Any additional commuter parking, beyond parking that may exist as of March 29, 2013, within the StE-18, shall be for the exclusive use of residents of, employees within, or visitors to the StE zones or federal employees of the adjacent Saint Elizabeths West Campus.

Parking spaces shared by more than one (1) use is permitted.

Parking spaces need not be located on the same lot as the building or buildings they are intended to serve, but must be located on a lot within the StE zones other than the StE-18 or StE-19 zone.

Parking spaces shall not be located between a street right-of-way line and the more restrictive of either a building façade or a line extending from and parallel to a building façade. A building used solely as a parking attendant shelter shall not trigger this restriction.

Parking spaces provided within a structure shall be located at least twenty feet (20 ft.) from all lot lines that abut public streets, unless the surface of the parking spaces is at least ten feet (10 ft.) below grade, at all points along the building frontage.

Parking spaces within an above-grade structure along 13th Street, S.E., and Sycamore Drive, S.E. shall be lined with preferred uses as defined in Subtitle K § 619.1 on the ground floor to a depth of thirty feet (30 ft.) minimum.

All parking spaces, other than ones within an automated parking garage, shall be accessible at all times from a driveway accessing either an improved street or an improved alley or alley system, with a minimum width of ten feet (10 ft.).

Parking spaces provided within an automated parking garage need not meet the accessibility requirement of Subtitle K § 608.11 as long as the mechanized parking system does.

Parking spaces and drive aisles shall be designed in accordance with the standards of Subtitle C, Chapter 7.

For buildings located in the StE-1 through StE-9, StE-11 through StE-12, StE-16, and StE-18 through StE-19 zones, where other options for access to parking spaces exist, such as from an alley or a different street, access to parking shall not be from a section of street where preferred uses are required in accordance with Subtitle K §§ 619.2 and 619.3; or from Martin Luther King Jr. Avenue, S.E., Sycamore Drive, S.E., 12th Street, S.E., 13th Street, S.E., or Oak Drive, S.E.

Approval of a driveway under this chapter shall not be interpreted to imply permission for a curb cut in public space. An applicant for a driveway with a curb cut in public space shall have the responsibility to obtain all other necessary approvals and permissions.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 1534 (February 14, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 608

11-K DCMR § 609 LOADING (STE)

LOADING (StE)

Loading requirements for each use shall be as prescribed in Subtitle C, Chapter 9.

For buildings located in the StE-1 through StE-9, StE-11 through StE-12, StE-16, and StE-18 through StE-19 zones, where other options for access to loading exist, such as from an alley or a different street, access to loading shall not be from a section of street where preferred uses are required in accordance with Subtitle K §§ 619.2 and 619.3; or from Martin Luther King Jr. Avenue, S.E., Sycamore Drive, S.E., 12th Street, S.E., 13th Street, S.E., or Oak Drive, S.E.

Loading entrances shall not be located closer than thirty-two feet (32 ft.) from the intersection of an alley other curb cut as measured from the intersection of the curb lines extended.

Loading entrances shall not be located closer than sixty feet (60 ft.) from the nearest intersection of a street as measured from the intersection of the curb lines extended.

Loading entrances shall make use of architectural treatments, to mitigate visual impacts,

Access points to requiring a curb cut shall be a sufficient distant from any street intersection so as not to disrupt traffic flow.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 1534 (February 14, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 609

11-K DCMR § 610 BICYCLE PARKING (STE)

BICYCLE PARKING (StE)

The bicycle parking standards of this chapter apply to all newly constructed buildings.

Bicycle parking spaces shall be provided in accordance with the requirements and standards of Subtitle C, Chapter 8.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 610

11-K DCMR § 611 PENTHOUSES OR ROOFTOP STRUCTURES (STE)

PENTHOUSES OR ROOFTOP STRUCTURES (STE)

Penthouses or rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15, and the height and story limitations specified in each zone of this subtitle.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 611

11-K DCMR § 612 USE PERMISSIONS (STE)

USE PERMISSIONS (StE)

The following uses categories shall be permitted as a matter of right in all of the StE zones, except as limited in Subtitle K §§ 613 and 614, or if specifically prohibited by Subtitle K § 615:

Agriculture, large and residential;

Animal sales, care, and boarding;

Antennas;

Arts, design, and creation;

Chancery;

Community solar facility, subject to the following conditions:

Roof-mounted solar array of any size; or

Ground-mounted solar array, subject to the following requirements:

Measures no greater than twenty feet (20 ft.) in height;

Has an aggregate panel face area of one-and-one half (1.5) acres or less;

Meets the yard and height development standards of the zone; and

Where the panels are sited no less than forty feet (40 ft.), including any intervening street or alley, from an adjacent property in the R, RF, or RA-1 zone.

Daytime care;

Eating and drinking establishments;

Education uses, including public and private schools, colleges and universities, and trade schools;

Emergency shelter uses that house no more than four (4) persons, not including resident supervisors or staff and their families, except in the StE-2 zone where no numeric limit applies;

Entertainment, assembly, and performing arts;

Government, large scale and local;

Medical care;

Institutional, general and religious;

Lodging;

Motor vehicle-related sales and services;

Office;

Parking;

Parks and recreation;

Production, distribution, and repair;

Residential;

Retail;

Service, general and financial;

Transportation infrastructure; and

Utility (basic).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2513 (March 1, 2019); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 612

11-K DCMR § 613 USE LIMITATIONS (STE)

USE LIMITATIONS (STE)

Within the StE-19 zone, no use is permitted except for open space and transportation infrastructure.

Uses permitted within the StE-10 and StE-14A zones shall be in accordance with the RF-1 use provisions of Subtitle U, Chapter 3, which include, but are not limited to, buildings containing one (1) or two (2) dwelling units, and other uses compatible with a low- to moderate-density residential zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 67 DCR 1534 (February 14, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 613

11-K DCMR § 614 USES PERMITTED BY SPECIAL EXCEPTION (STE)

USES PERMITTED BY SPECIAL EXCEPTION (STE)

The uses in this section shall be permitted in the StE zones as a special exception if approved by the Board of Zoning Adjustment pursuant to the general standards of Subtitle X and subject to applicable conditions of each section as stated below:

Community-based institutional facilities (CBIF) for seven (7) to fifteen (15) persons, not including resident supervisors or staff and their families, subject to the criteria set forth in Subtitle K § 618 and the following conditions:

There shall be no other property containing a CBIF for seven (7) or more persons within a radius of five hundred feet (500 ft.) from any portion of the property;

There shall be adequate, appropriately located, and screened off-street parking to provide for the needs of occupants, employees, and visitors to the facility;

The CBIF shall meet all applicable code and licensing requirements;

The shelter shall not have an adverse impact on the neighborhood because of traffic, noise, operations, or the number of similar facilities in the area;

The Board of Zoning Adjustment may approve more than one (1) CBIF in a square or within five hundred feet (500 ft.) only when the Board of Zoning Adjustment finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations; and

The Board of Zoning Adjustment may approve a CBIF for more than fifteen (15) persons, not including resident supervisors or staff and their families, only if the Board of Zoning Adjustment finds that the program goals and objectives of the District of Columbia cannot be achieved by a facility of a smaller size at the subject location, and there is no other reasonable alternative to meet the program needs of that area of the District of Columbia.

Community solar facility not meeting the conditions of Subtitle K § 612.1(f), subject to the following:

Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that:

Maintains as many existing native trees as possible;

Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture;

Ensures all trees measure a minimum of six feet (6 ft.) in height at the time of planting; and

The Application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report; and

Except as permitted as a matter of right in the StE-2 zone by Subtitle K § 612.1(j), emergency shelter uses for five (5) to fifteen (15) persons, not including resident supervisors or staff and their families, subject to the following conditions:

There shall be no other property containing an emergency shelter for seven (7) or more persons within a radius of five hundred feet (500 ft.) from any portion of the property;

There shall be adequate, appropriately located, and screened off-street parking to provide for the needs of occupants, employees, and visitors to the facility;

The proposed shelter shall meet all applicable code and licensing requirements;

The shelter shall not have an adverse impact on the neighborhood because of traffic, noise, operations, or the number of similar facilities in the area;

The Board of Zoning Adjustment may approve more than one (1) shelter in a square or within five hundred feet (500 ft.) only when the Board of Zoning Adjustment finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations; and

The Board of Zoning Adjustment may approve a shelter for more than fifteen (15) persons, not including resident supervisors or staff and their families, only if the Board of Zoning Adjustment finds that the program goals and objectives of the District of Columbia cannot be achieved by a facility of a smaller size at the subject location and there is no other reasonable alternative to meet the program needs of that area of the District of Columbia.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 2513 (March 1, 2019); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 67 DCR 12137 (September 13, 2019) as amended by Final Rulemaking published at 67 DCR 1534 (February 14, 2020); as corrected by Errata Notice published at 67 DCR 4506 (April 24, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 614

11-K DCMR § 615 USES PROHIBITED (STE)

USES PROHIBITED (STE)

The following uses are prohibited within the StE zones as either a principal or an accessory use:

Any establishment that has as its principal use the administration of massages;

Any industrial use first permitted in the PDR-4 zone;

Correctional facility;

Drive-through establishment, where goods are sold/rented or services rendered directly to occupants of motor vehicles while in the vehicles;

Firearm sales, including gun store, ammunition sales, pawn shop carrying guns, or weaponry store;

Self-storage establishment;

Sexually-oriented business establishment:

Vehicle repair and servicing, including full-serve and mini-serve gas stations, unattended key card stations, car washes, quick lubrication services, and vehicle emission test sites; and

Vehicle sales.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 14506 (December 11, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 615

11-K DCMR § 616 ACCESSORY USES (STE)

ACCESSORY USES (STE)

616.1 Accessory uses, buildings, or structures customarily incidental and subordinate to the principal uses permitted in Subtitle K § 612 shall be permitted in any StE zone except StE-19 as a matter of right, subject to the development standards of Subtitle K §§ 602 through 606.

616.2 Short-Term Rental shall be permitted as an accessory use to a principal residential use in the StE zones.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 1534 (February 14, 2020); as amended by Final Rulemaking published at 67 DCR 1543 (February 14, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 616

11-K DCMR § 617 PREFERRED USES (STE)

PREFERRED USES (STE)

Preferred uses described in Subtitle K § 619 shall be provided in accordance with the provisions of that section.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 617

11-K DCMR § 618 SPECIAL EXCEPTION - GENERAL USE PROVISIONS (STE)

SPECIAL EXCEPTION - GENERAL USE PROVISIONS (STE)

In addition to the general standards set forth in Subtitle X, an applicant for a special exception to establish a community based institutional facility (CBIF) pursuant to Subtitle K § 614.1(a) shall demonstrate:

The proposal addresses any conditions pertaining to that use as detailed in this chapter;

Noise and other potential impacts associated with the operation of a proposed use shall not adversely affect adjacent or nearby uses;

Traffic conditions associated with the operation of a proposed use shall not adversely affect adjacent or nearby uses; and

The proposed building will comply with the applicable ground floor use.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 1534 (February 14, 2020); as corrected by Errata Notice published at 67 DCR 4506 (April 24, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 618

11-K DCMR § 619 PREFERRED USE REQUIREMENTS (STE)

PREFERRED USE REQUIREMENTS (STE)

Preferred uses shall include any use within the arts, design and creation; eating and drinking establishments; retail; general service; or financial service use categories described in Subtitle B, Chapter 2.

Each building that faces the following streets or locations in the following zones shall devote not less than fifty percent (50%) of the gross floor area of the ground floor to preferred uses::

StE-3: facing Martin Luther King Jr. Avenue, S.E., Cypress Street, S.E., or Sycamore Street, S.E., and the park;

StE-7: facing Martin Luther King Jr. Avenue, S.E., Cypress Street, S.E., Sycamore Drive, S.E., or 8th Street, S.E.;

StE-15: facing Sycamore Drive, S.E., 13th Street, S.E., Oak Drive, S.E., or the park;

StE-16: facing 13th Street, S.E., and the southwest corner; and

StE-17: facing Sycamore Drive, S.E., 13th Street, S.E., or 12th Street, S.E.

In addition to the preferred use requirements of Subtitle K § 619.2, each building in the StE-15 and StE-17 zones shall devote additional square footage to preferred uses on the ground floor in an amount sufficient that all buildings in the StE-15 and StE-17 zones collectively provide an additional six thousand six hundred and twenty square feet (6,620 sq. ft.) devoted to preferred uses on the ground floor across the StE-15 and StE-17 zones. Each building permit application shall include evidence of the allocation of these six thousand six hundred and twenty square feet (6,620 sq. ft.) to the individual buildings in these zones.

Not less than fifty percent (50%) of the surface area of the street wall, including building entrances, of those building frontages described in Subtitle K §§ 619.2 and 619.3 shall be devoted to doors or display windows having clear or low emissivity glass.

Preferred uses shall provide direct, exterior access to the ground level.

The minimum floor-to-ceiling height for portions of the ground floor level devoted to preferred uses shall be fourteen feet (14 ft.).

Ground floor area required for preferred uses may not be transferred to any other lot through the combined lot development procedures of Subtitle K §§ 602.4 through 602.8.

For good cause shown, the Board of Zoning Adjustment may authorize interim occupancy of the preferred use space required under Subtitle K §§ 619.2 and 619.3 by other uses permitted in the StE zones for up to a five (5) year period, provided that:

(a) The ground-floor space is suitably designed for future occupancy by preferred uses;

(b) The proposed use is compatible with the surrounding uses; and

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 67 DCR 1534 (February 14, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 619

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 710

11-K DCMR § 711 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 711

11-K DCMR § 712 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 67 DCR 1543 (February 14, 2020); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 712

11-K DCMR § 713 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 713

11-K DCMR § 714 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 714

11-K DCMR § 715 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 715

11-K DCMR § 716 [REPEALED]

[REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 716

11-K DCMR § 717 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 717

11-K8 MIXED-USE UPTOWN ARTS ZONES - ARTS-1 THROUGH ARTS-4

11-K DCMR § 800 PURPOSE AND INTENT (ARTS)

PURPOSE AND INTENT (ARTS)

The purposes of the Mixed-Use-Uptown Arts (ARTS) zones (ARTS-1 through ARTS-4) are to:

Promote the creation of arts, arts-related, and art-supporting uses;

Encourage a pedestrian scale of development, a mixture of building uses, adaptive reuse of older buildings, strengthened design character, public safety, and eighteen (18) hour activity;

Require uses that encourage pedestrian activity, especially retail, entertainment, and residential uses;

Provide for an increased presence and integration of the arts and related cultural and arts-related support uses;

Expand the area's housing supply in a variety of rent and price ranges;

Expand business and job opportunities, and encourage development of residential and commercial buildings;

Strengthen the design character and identity of the area by means of physical design standards;

Encourage adaptive reuse of older buildings in the area and an attractive combination of new and old buildings; and

Foster eighteen (18) hour activity and increased public safety.

The ARTS-1 zone is intended to permit moderate-density, mixed-use development.

The ARTS-2 zone is intended to permit medium-density, compact mixed-use development, with an emphasis on residential development.

The ARTS-3 zone is intended to permit medium-density, mixed-use development, with a focus on employment.

The ARTS-4 zone is intended to permit medium- to high-density, mixed-use development, with a balance of uses conducive to a higher quality of life and environment for residents, businesses, employees, and institutions.

The requirements of this chapter shall apply to all new construction and to any addition, alteration, or repair that within any twenty-four (24) month period exceeds seventy-five percent (75%) of the assessed value of the building; provided:

The cost basis for alterations or additions to an existing building shall be the amount indicated by the applicant on the application for a building permit; and

The assessed value of the building shall be the value in the records of the Office of Tax and Revenue as of the date of the building permit application.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 800

11-K DCMR § 801 DENSITY - FLOOR AREA RATIO (FAR) (ARTS)

DENSITY – FLOOR AREA RATIO (FAR) (ARTS)

Except as provided in other provisions of this chapter, the maximum permitted floor area ratio (FAR) in an ARTS zones shall be as set forth in the following table:

TABLE K § 801.1: MAXIMUM PERMITTED FAR

Zone

Use

Maximum FAR

ARTS-1

Total

2.5

Total with IZ

3.0 (IZ)

Non-Residential

1.5

ARTS-2

Total

3.5

Total with IZ

4.2 (IZ)

Non-Residential

1.5

ARTS-3

Total

4.0

Total with IZ

4.8 (IZ)

Non-Residential

2.5

ARTS-4

Total

6.0

Total with IZ

7.2 (IZ)

Non-Residential

3.0

In an ARTS-1 and ARTS-2 zone, an existing building on a lot with an area ten thousand square feet (10,000 sq. ft.) or less may have a maximum FAR of 2.0 for non-residential uses, provided the non-residential uses are located in the ground story, and the story directly above the ground story and the use of the additional 0.5 FAR shall not include eating or drinking uses.

In an ARTS-4 zone, development of a lot or lots in a combined lot development pursuant to Subtitle C, Chapter 12 shall provide not less than 2.5 FAR of residential or hotel development, subject to the spacing requirement of Subtitle K § 811.5, concurrent with any commercial development on the lot or combined lots; provided that this requirement shall not apply to:

A lot or a combined lot having less than seven thousand five hundred square feet (7,500 sq. ft.) of land area;

A conversion of a building constructed before 1958 to nonresidential uses; or

A building that contributes to a historic district or is designated a landmark, and that has at least 0.5 FAR occupied by or reserved for one (1) or more of the preferred arts uses as listed in Subtitle U, Chapter 7, other than eating and drinking establishments.

Inclusionary Zoning requirements for the ARTS zones are as specified in Subtitle C, Chapter 10.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 801

11-K DCMR § 802 BONUS DENSITY (ARTS)

BONUS DENSITY (ARTS)

A project shall be eligible for bonus density for space devoted to one (1) or more of the preferred arts uses of Subtitle K § 802.2, subject to the following provisions:

Bonus density may be used either to increase the gross floor area of the building for any permitted use up to the maximum density specified in paragraph (b) of this subsection, or to provide nonresidential uses or development in excess of the otherwise applicable limitation on the gross floor area of nonresidential uses in the underlying zone district;

No building that uses bonus density shall achieve a maximum density in excess of the following:

3.0 FAR in the ARTS-1 zone,

4.5 FAR in the ARTS-2 or ARTS-3 zones, or

6.0 FAR in the ARTS-4 zone; and

No property subject to Subtitle C, Chapter 10, shall be eligible for bonus gross floor area under this chapter unless it has met the set-aside requirements and used all the bonus density available through Subtitle C, Chapter 10.

The following preferred uses shall be eligible for bonus floor area at the ratio indicated:

TABLE K § 802.2: PREFERRED USES FOR BONUS FLOOR AREA

Preferred Use

GFA devoted to the bonus use

Proportionate number of sq. ft. of additional GFA earned for on-site or off-site development

Legitimate theater;

Department store, drugstore, dry cleaner, laundry, grocery store, hardware store, variety store, and any use listed in Subtitle U § 700.6 other than legitimate theater or drinking places;

Any general retail use or use listed in Subtitle U, Chapter 7, in excess of the required 0.5 FAR at ground level; not to be counted in addition to bonus floor area ; and

1.5

Space in a building constructed before 1958 and occupied by one (1) of the uses listed in paragraphs (a) through (d); provided, that this bonus shall count in addition to any applicable use bonus.

A building that includes 3.0 FAR or more devoted to residential use is entitled to a bonus of 0.5 FAR.

Bonus density achieved through the provision of preferred uses under the provision of this chapter does not add to the set-aside requirement of Inclusionary Zoning in Subtitle C, Chapter 10.

An existing legitimate theater shall be eligible for the bonus indicated; provided, if the theater company goes out of business or leaves the area governed by this chapter, the owner-developer shall make every good faith effort to transfer the agreement to another theater company to occupy the same or different premises of similar size; failing which, the owner-developer shall apply to the Board of Zoning Adjustment for a special exception pursuant to Subtitle X and Subtitle K § 813, at which proceeding the Board and the applicant shall give first preference to substituting another bonus use from Subtitle K § 802 in place of the prior theater use.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 802

11-K DCMR § 803 HEIGHT AND PENTHOUSE AND ROOFTOP STRUCTURE REGULATIONS (ARTS)

HEIGHT AND PENTHOUSE AND ROOFTOP STRUCTURE REGULATIONS (ARTS)

Except as provided in this section, the maximum permitted building height, not including the penthouse or rooftop structure, shall be as set for in the following table:

TABLE K § 803.1: MAXIMUM PERMITTED BUILDING HEIGHT

Zone

Maximum Height

ARTS-1

50 ft.

50 ft. (IZ)

ARTS-2

65 ft.

70 ft. (IZ)

ARTS-3

65 ft.

75 ft. (IZ)

ARTS-4

90 ft.

100 ft. (IZ)

A public recreation and community center shall not exceed a maximum height of forty-five feet (45 ft.) in any ARTS zone.

In the underlying ARTS-3 zone, a building may be constructed in excess of the height limit of sixty-five feet (65 ft.), up to a maximum height of seventy-five (75 ft.), provided:

No penthouse or rooftop structure permitted by this title shall exceed a height of eighty-three and one-half feet (83.5 ft.) above the measuring point used for the building; and

If a lot abuts either a R, RF, or RA zone or an alley that serves as the zone district boundary line of an adjacent R, RF, or RA zone, no part of the building shall project above a plane drawn at a forty-five degree (45°) angle from a line located fifty feet (50 ft.) directly above the property line that abuts the R, RF, or RA zone or the alley.

In the ARTS-4 zone, if a building is located on a lot that abuts a street, an alley, or a zone district boundary with a R, RF, or RA zone, no part of the building, including the penthouse or rooftop structure, shall project above a plane drawn at a forty-five degree (45°) angle from a line located sixty-five feet (65 ft.) directly above the property line on each such street, alley, or zone district boundary line.

Penthouses or rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15 and the height and story limitations set forth in the following table:

TABLE K § 803.5: MAXIMUM PERMITTED PENTHOUSE OR ROOFTOP STRUCTURE HEIGHT AND STORIES

Zone

Maximum Height (ft.)

Maximum Stories

ARTS-1

12 ft. except

15 ft. for penthouse mechanical space

Second story permitted for penthouse mechanical space

ARTS-2

12 ft. except

18 ft. 6 in. for penthouse mechanical space

Second story permitted for penthouse mechanical space

ARTS-3

Except as limited in Subtitle K § 803.3:

12 ft. except

18 ft. 6 in. for penthouse mechanical space

ARTS-4

Except as limited in Subtitle K § 803.4:

20 ft.

1 plus mezzanine;

Second story permitted for penthouse mechanical space

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 803

11-K DCMR § 804 LOT OCCUPANCY (ARTS)

LOT OCCUPANCY (ARTS)

No structure, including accessory buildings, shall occupy a lot in excess of the percentage of lot occupancy set forth in the following table:

TABLE K § 804.1: MAXIMUM PERMITTED LOT OCCUPANCY

Zone

Use

Lot Occupancy Maximum

ARTS-1

Public Rec Center

20%

Residential

60 %

Residential with IZ

75%

All Other

n/a

ARTS-2

Public Rec Center

20%

Residential

80%

Residential with IZ

80%

All Other

n/a

ARTS-3

Public Rec Center

20%

Residential

75%

Residential with IZ

80%

All Other

n/a

ARTS-4

Public Rec Center

20 %

Residential

75 %

Residential with IZ

80%

All Other

n/a

For the purposes of this section, "residential uses" includes dwellings, flats, residential rowhouses, residential apartments, boarding houses, hospitals, and community-based institutional facilities.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 804

11-K DCMR § 805 REAR YARD (ARTS)

REAR YARD (ARTS)

A rear yard shall be provided for each structure in the ARTS zones with a minimum depth as set forth in the following table:

TABLE K § 805.1: MINIMUM REAR YARD

Zone

Minimum Rear Yard

ARTS-1

15 ft.

ARTS-2

15 ft.

ARTS-3

2.5 inches per foot of vertical distance from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof or parapet wall, but not less than 12 feet

ARTS-4

2.5 inches per foot of vertical distance from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof or parapet wall, but not less than 12 feet

In the ARTS-1, ARTS-2, and ARTS-3 zones, a horizontal plane may be established at twenty-five feet (25 ft.) above the mean finished grade at the middle of the rear of the structure for the purpose of measuring rear yards.

In the ARTS-1, ARTS-2, and ARTS-3 zones, rear yards shall be measured as follows:

Where a lot abuts an alley:

For that portion of the structure below a horizontal plane described in Subtitle K § 805.2, from the center line of the alley to the rear wall of the portion; and

For that portion of the structure above the horizontal plane described in Subtitle K § 805.2, from the rear lot line to the rear wall of that portion immediately above the plane; and

Where a lot does not abut an alley, the rear yard shall be measured from the rear lot line to the rear wall of the building or other structure.

In the ARTS-4 zone, a rear yard is required only for residential uses and shall be established subject to the following conditions:

A rear yard shall be established no lower than the first level of residential use;

Where a lot abuts an alley, the rear yard may be measured from the center line of the alley to the rear wall of the building or other structure; and

Where a lot does not abut an alley, the rear yard shall be measured from the rear lot line to the rear wall of the building or other structure.

The Board of Zoning Adjustment may waive rear yard requirements pursuant to Subtitle X and Subtitle K § 813.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 805

11-K DCMR § 806 SIDE YARD (ARTS)

SIDE YARD (ARTS)

No side yard is required in an ARTS zone for a principal building; however, if a side yard is provided it shall be at least two inches (2 in.) wide for each foot of height of building but no less than five feet (5 ft.).

Any portion of a building setback from the side lot line shall be considered a side yard and not a court.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 806

11-K DCMR § 807 COURT (ARTS)

COURT (ARTS)

A court is not required in an ARTS zone; however, if a court is provided it shall have the following minimum dimensions:

TABLE K § 807.1: MINIMUM COURT DIMENSIONS

Type of Structure

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

Residential, more than three units:

4 in./ft. of height of court;

10 ft. minimum

4 in./ft. of height of court;

15 ft. minimum

Twice the square of the required width of court dimension;

350 sq. ft. minimum

Non-Residential and Lodging:

2.5 in./ft. of height of court;

6 ft. minimum

2.5 in./ft. of height of court;

12 ft. minimum

Twice the square of the required width of court dimension;

250 sq. ft. minimum

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 807

11-K DCMR § 808 GREEN AREA RATIO (ARTS)

GREEN AREA RATIO (ARTS)

A minimum green area ratio (GAR) shall be provided for each lot in an ARTS zone as set forth in the following table pursuant to the conditions and requirements of Subtitle C, Chapter 6:

TABLE K § 808.1: MINIMUM GREEN AREA RATIO

Zone

Minimum GAR

ARTS-1

0.30

ARTS-2

0.30

ARTS-3

0.25

ARTS-4

0.20

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 808

11-K DCMR § 809 PLANNED UNIT DEVELOPMENT (ARTS)

809.1 In the ARTS zones, the bonus density and height permitted with bonus uses shall serve as the guidelines for planned unit developments.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 809

11-K DCMR § 810 STREET FRONTAGE DESIGN REQUIREMENTS (ARTS)

STREET FRONTAGE DESIGN REQUIREMENTS (ARTS)

The following design requirements shall apply to any lot that fronts on 14th Street, U Street, 7th Street, or Florida Avenue between 7th and 9th Streets ("pedestrian streets”):

No driveway that provides access from a pedestrian street to required parking spaces or loading berths shall be permitted;

Each new building on a lot that fronts on a pedestrian street shall be designed and built so that not less than seventy-five percent (75%) of the streetwall(s) to a height of not less than fifteen feet (15 ft.) shall be constructed to the street lot line; and

Not less than fifty percent (50%) of the surface area of the streetwall(s) at the ground level of each building on a lot that fronts on a pedestrian street shall be devoted to display windows and to entrances to commercial uses or to the building; provided:

The windows shall use clear or low-emissivity glass, except for decorative or architectural accent; and

Entrances to the building, including entrances to shops and the main lobby, shall be separated by not more than forty feet (40 ft.) on average for the linear frontage of the building.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 810

11-K DCMR § 811 USE PERMISSIONS (ARTS)

USE PERMISSIONS (ARTS)

In an ARTS zone, the retail and service uses shall be permitted as a matter of right subject to the conditions of this section.

In the ARTS-1 and ARTS-2 zones, arts uses in Subtitle U, Chapter 7 shall be permitted as a matter of right in addition to the MU-Use Group E standards of Subtitle U, Chapter 5, subject to the limitations and conditions of this chapter.

In the ARTS-3 zone, the arts uses in Subtitle U, Chapter 7 shall be permitted as a matter of right in addition to the MU-Use Group F standards of Subtitle U, Chapter 5, subject to the limitations and conditions of this chapter.

In the ARTS-4 zone, the arts uses in Subtitle U, Chapter 7 shall be permitted as a matter of right in addition to the MU-Use Group G standards of Subtitle U, Chapter 5, subject to the limitations and conditions of this chapter.

Where there is a conflict between this chapter and Subtitle U, this chapter shall govern.

Arts use groups listed in Subtitle U § 700.6 subject to the restriction on eating and drinking establishments of Subtitle K § 811.9, retail, service, general, and service, financial uses shall occupy no less than fifty percent (50%) of the ground floor level of each building on a lot that fronts on 14th Street, U Street, 7th Street, or Florida Avenue between 7th and 9th Streets; provided, this requirement shall not apply to a building located on a lot less than fifty feet (50 ft.) in width, measured along the property line that abuts the public street, if the building is used as an apartment house, multiple dwelling, or hotel.

A hotel shall be permitted as a matter of right provided no other hotel is located within five hundred feet (500 ft.).

No drive-through accessory to any use shall be permitted.

Eating and drinking establishments shall be subject to the following limitations:

No more than fifty percent (50%) of the ground floor linear frontage on the named street within each individual square set forth in the table below, and within an ARTS zone, shall be devoted to eating and drinking establishments:

TABLE K § 811.9(a):

LINEAR FRONTAGE OF EATING AND DRINKING ESTABLISHMENTS

14th Street, N.W.

U Street, N.W.

Square

Frontage (feet)

Square

Frontage (feet)

202

222.5

204

305.3

203

310.0

205

618.0

204

320.0

236

523.4

205

430.6

237

538.5

206

399.8

273

303.3

207

450.1

274

340.9

208

400.0

304

192.2

209

380.0

305

186.0

210

203.5

332

189.7

211

296.1

333

187.7

234

253.1

359

96.8

235

310.0

360

240.4

236

320.0

361

251.7

237

380.0

238

450.0

239

200.0

240

391.0

241

450.0

242

363.1

242N

154.5

An eating

An eating and drinking establishment not located on the ground (street) level of a building shall not count towards the fifty percent (50%) limit; and

An entrance to an eating and drinking establishment that is not located on the ground (street) level shall not count towards the fifty percent (50%) limit.

Required parking spaces may be shared by time of day with other uses specified in this section to meet all or a portion of the parking requirement for the uses on a lot; provided:

The eligible evening uses shall be restaurant, legitimate theater, movie theater, dinner theater, or cabaret;

The eligible daytime uses shall be office use and the arts uses and arts-related uses with the exception of the evening uses listed in paragraph (a) of this subsection; and

The respective property owners shall execute an agreement that identifies the designated parking spaces and provides that use of the spaces for permitted daytime uses shall cease at no later than 6:00 p.m., Monday through Saturday, and shall be available for parking by the specified evening uses as agreed to by the parties involved. This agreement shall be filed with the Zoning Administrator to be maintained as part of the certificate of occupancy file on each affected property.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 67 DCR 9085 (July 24, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 811

11-K DCMR § 812 COMBINED LOT DEVELOPMENT (ARTS)

COMBINED LOT DEVELOPMENT (ARTS)

Combined lot development is permitted for the purposes of transferring bonus density and allocating the permitted mixture of uses among development sites, in accordance with Subtitle C, Chapter 12 and the following provisions.

The lots may be located in the same square or in different squares within the ARTS zones;

Bonus floor area earned by the provisions of Subtitle K §§ 801.4 or 802 may be developed on any lot or combination of lots governed by the instrument required by Subtitle C, Chapter 12; provided, no development on any lot shall exceed the maximum height and bulk standards of this chapter;

The ground level uses required by Subtitle K § 811 shall not be transferred, but shall be provided on each lot; and

If a combined lot development involves the transfer of bonus density or allocates residential development rights from one (1) lot to another, the certificate of occupancy for the bonus floor area for the nonresidential building shall not be issued until a building permit has been issued for the building that will provide the residential or other preferred uses.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 812

11-K DCMR § 813 SPECIAL EXCEPTION (ARTS)

SPECIAL EXCEPTION (ARTS)

The Board of Zoning Adjustment may grant exceptions pursuant to Subtitle X, Chapter 9 from the requirements or limits of this chapter, other than Subtitle K § 811.9, subject also to the following criteria:

The uses, buildings, or features at the size, intensity, and locations proposed, will substantially advance the purposes of the ARTS zones and will not adversely affect neighboring property or be detrimental to the health, safety, convenience, or general welfare of persons living, working, or visiting in the area;

The architectural design of the project will enhance the urban design features of the immediate vicinity in which it is located; provided, if a historic district or historic landmark is involved, the Board of Zoning Adjustment shall refer the application to the Historic Preservation Office for review and report; and

Vehicular access and egress are located and designed so as to minimize conflict with principal pedestrian ways, to function efficiently, and to create no dangerous or otherwise objectionable traffic conditions.

The Board of Zoning Adjustment may impose requirements pertaining to design, appearance, signs, size, landscaping, and other such requirements as it deems necessary to protect neighboring property and to achieve the purposes of the zone districts.

A public recreation and community center may have a lot occupancy up to forty percent (40%) if approved by the Board of Zoning Adjustment pursuant to Subtitle X, Chapter 9 provided that the agency shows that the increase is consistent with agency policy of preserving open space.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 813

11-K DCMR § 814 PARKING, LOADING, AND VEHICLE ACCESS (ARTS)

814.1 Parking requirements for the ARTS zones are as specified in Subtitle C, Chapter 7.

814.2 Bicycle parking requirements for the ARTS zones are as specified in Subtitle C, Chapter 8.

814.3 Loading requirements for the ARTS zones are as specified in Subtitle C, Chapter 9.

History

SOURCE: Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 814

11-K9 WALTER REED ZONES – WR-1 THROUGH WR-15

11-K DCMR § 900 GENERAL PROVISIONS AND PURPOSE AND INTENT (WR)

GENERAL PROVISIONS AND PURPOSE AND INTENT (WR)

The purposes of the Walter Reed (WR) zones (WR-1 through WR-15) are to:

Provide for the growth of the former Walter Reed Army Medical Center campus with a broad mix of uses, achieved through the adaptive reuse of existing buildings as well as new construction, as generally indicated in the Comprehensive Plan and as recommended by the planning studies of the area;

Preserve the unique historic architectural and landscape character of the Walter Reed campus as a resource for the adjacent neighborhoods and the District as a whole;

Reweave the Walter Reed campus into the physical and social fabric of the adjacent neighborhoods by extending the existing street grid into the WR zone;

Create a vibrant town center that will provide economic development, employment, and retail opportunities for the District and adjacent neighborhoods;

Advance sustainability performance with green building techniques and promote innovative energy uses and stormwater management; and

Accommodate selected uses pursuant to a Base Realignment and Closure Act Notice of Interest process.

Where there are conflicts between this chapter and other chapters or subtitles of this title, the provisions of this chapter shall govern.

The WR zones include the WR-1 through the WR-15 zones. Each zone may have one (1) or more sub-areas, as identified in the Development Standards table for each zone. Each sub-area may be comprised of one (1) or more Land Bays.

Land Bays may be shown, for reference only, in the boundary maps of this chapter for each zone.

Any reference to a street refers to either existing or proposed streets as depicted in the boundary maps of this chapter for each zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 11679 (October 9, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 900

11-K DCMR § 901 WR-1 ZONE

WR-1 ZONE

FIGURE K § 901: ILLUSTRATION OF BOUNDARIES OF THE WR-1 ZONE

The WR-1 zone is intended to:

Provide for residential development that complements the character of nearby established residential neighborhoods;

Transition from the low- to moderate-scale residential uses north of Fern Street to the medium-density commercial and residential uses proposed for south of Elder Street; and

Discourage driveway access directly from the street to private off-street parking.

The development standards for the WR-1 zone are set forth in the following table:

TABLE K § 901.2: WR-1 DEVELOPMENT STANDARDS

WR-1

Sub-Area

(Land Bays A.1, B and C)

Lot Width (min.)

Building

Height (max.)

Stories (max.)

Lot Occupancy (max.)

Pervious Surface (min.)

Side Yard (min.)

Rear Yard (min.)

Lots with any frontage on Fern Street

18 ft.

45 ft.

70%

10%

None required; 4 ft. if provided

None required

Any other lot

18 ft.

55 ft.

70%

10%

None required; 4 ft. if provided

None required

The maximum number of permitted dwelling units on any lot shall be two (2), which includes both principal and accessory units.

For any inclusionary or affordable residential unit that is administered through the Department of Housing and Community Development, the minimum lot width shall be sixteen feet (16 ft.).

Height shall be measured in accordance with Subtitle B §§ 308, except that for any building fronting on Elder Street, the building height measuring point may be established at the finished grade at the middle of the front of the building.

No building shall be located between Fern and Elder Streets within fifty feet (50 ft.) of the western boundary of the WR zone.

In the WR-1 zone, no driveway or garage entrance providing access to parking or loading areas shall be permitted from a public or private street.

In the WR-1 zone, any private driveway shall be constructed of pervious materials. This does not apply to a private alley.

An addition to a single dwelling unit or flat, or a new or enlarged accessory structure on the same lot as a single dwelling unit or flat, shall be permitted, even though the addition or accessory structure does not comply with all of the requirements of Subtitle K § 901.2, as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9, subject to the provisions of this subsection:

The addition or accessory structure shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, in particular:

The light and air available to neighboring properties shall not be unduly affected;

The privacy of use and enjoyment of neighboring properties shall not be unduly compromised;

The addition or accessory structure, together with the original building, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale, and pattern of houses along the subject street frontage; and

In demonstrating compliance with paragraphs (a), (b), and (c) of this subsection, the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the proposed addition or accessory structure to adjacent buildings and views from public ways;

The lot occupancy of all new and existing structures on the lot shall not exceed eighty percent (80%); and

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 901

11-K DCMR § 902 WR-2 ZONE

WR-2 ZONE

FIGURE K § 902: ILLUSTRATION OF BOUNDARIES OF THE WR-2 ZONE

The WR-2 zone is intended to:

Create a vibrant and pedestrian-oriented commercial and residential center to serve as a housing, commercial, and retail anchor for the Walter Reed campus, adjacent neighborhoods, and the District.

Promote an engaging streetscape to activate adjacent uses and users;

Encourage clear visibility of retail uses along 12th Street from Georgia Avenue; and

Create new passive and active open space amenities to accommodate residential and retail uses.

The development standards for the WR-2 zone are set forth in the following table:

TABLE K § 902.2: WR-2 DEVELOPMENT STANDARDS

WR-2

Sub-Area

Building Height (max.)

Stories (max.)

Floor Area Ratio (max.)

Residential Lot Occupancy Above the First Two Stories (max.)

Total

Non-Residential Use

Land Bay D

85 ft.

2.5

1.0

80%

Land Bay E

85 ft.

3.75

1.0

80%

The non-residential maximum FAR requirement shall be measured per sub-area, as opposed to per building.

Lot occupancy on the first two (2) stories is permitted up to one hundred percent (100%), regardless of use.

If less than 3.75 FAR is developed in Land Bay E, excess floor area can be transferred to Land Bay K.1 in the WR-3 zone, or Land Bay F in the WR-3 zone, or Land Bay D in the WR-2 zone, or a combination of those land bays, subject to the requirements of this subsection:

No more than one hundred fifty thousand square feet (150,000 sq. ft.) of floor area may be transferred in total, of which no more than fifty thousand square feet (50,000 sq. ft.) may be non-residential floor area;

The maximum total FAR and the maximum non-residential FAR on Land Bay E shall be reduced by the total amount of floor area transferred and the amount of non-residential floor area transferred, respectively;

The maximum total FAR and the maximum non-residential FAR on the receiving land bays shall be increased by the total amount of floor area transferred and the amount of non-residential floor area transferred, respectively;

The allowable building height and lot occupancy on the receiving parcels shall not be increased, but the total FAR and the non-residential FAR of the receiving land bays may be increased to the amounts listed in the following table:

TABLE K § 902.5 (d): WR-1 DEVELOPMENT STANDARDS

Land Bay

Maximum FAR

(Total)

Maximum FAR

(Non-residential uses)

K.1

3.5

1.25

2.5

1.25

3.5

1.25

Before the transfer may occur, the applicant shall record in the Land Records of the District of Columbia a covenant running with the land, found technically sufficient by the Zoning Administrator and legally sufficient by the Office of Zoning Legal Division for each property by the owner or owners for the benefit of the District of Columbia that states the size, in square feet, of Land Bays E, K.1, F, and D, the maximum FAR and non-residential FAR permitted as a matter of right for Land Bays E, K.1, F, and D, the total amount of floor area being transferred, the amount of non-residential floor area being transferred, and the resulting maximum FAR and nonresidential FAR for both Land Bays E, K.1, F, and D; and

The applicant for any building permit for Land Bays E, K.1, F, or D shall submit with the permit application the covenant required by sub-paragraph (e) as well as any and all calculations used to derive the matter of right and resulting FARs for the land bays.

In the WR-2 zone, no less than one hundred percent (100%) of the façade of buildings located along Elder Street, Dahlia Street, 12th Street, and 13th Street shall be built to within ten feet (10 ft.) of the property lines abutting the subject street to a height of not less than twenty-five feet (25 ft.), except that:

The requirements of this subsection shall not apply to the portions of building façades that front on a plaza located along 12th Street;

The height requirement of this subsection may be reduced to eighteen feet (18 ft.) if the roof immediately above the eighteen (18)-foot façade is occupied by a public or private outdoor terrace; and

Relief from the build-to requirements of this subsection may be granted by the Board of Zoning Adjustment as a special exception subject to the requirements of Subtitle X, Chapter 9, provided that the applicant adequately demonstrates that:

The proposed design meets the intent of creating a streetwall along the street in question; and

The area set back from the property line does not unduly restrict access by the public by a gate, fence, wall, or other barrier.

In the WR-2 zone, all portions of the ground floor devoted to non-residential uses shall be subject to the following requirements:

The minimum floor-to-ceiling clear height shall be fourteen feet (14 ft.), except for those spaces within the ground floor of any building devoted to the following uses: mechanical, electrical, and plumbing; storage; fire control; loading; parking; and retail corridors and service corridors;

The surface of any streetwall or wall fronting on a plaza shall devote at least fifty percent (50%) of the surface area at the ground floor to display windows with clear glass or pedestrian entrances;

Each non-residential use with frontage on a public street or plaza shall have an individual public pedestrian entrance directly accessible from a sidewalk or plaza upon which the use has frontage;

Pedestrian entrances or areas where future entrances to non-residential uses could be installed without structural changes shall be located no more than an average distance of forty feet (40 ft.) apart on all façades fronting a public street or plaza;

On 12th Street, no single non-residential occupancy shall occupy more than one hundred (100) consecutive linear feet of ground-floor building frontage. On other streets, no single non-residential occupancy shall occupy more than fifty (50) consecutive linear feet of ground-floor building frontage; and

One (1) or more building frontages of a grocery store may be exempt from the requirements of paragraph (e) provided that:

The grocery store contains as an ancillary use a café, restaurant or similar use, or a seating area within the grocery store where food and beverages purchased on-site may be consumed;

The use described in sub-paragraph (1) is located directly against the subject building frontage;

Clear glass allows the plain view of the use from the exterior of the building;

The use is open to the public at least during normal grocery store hours; and

In no case shall a single non-residential occupancy occupy more than two hundred (200) consecutive linear feet of ground-floor building frontage on 12th Street or one hundred feet (100 ft.) on any other street.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 13131 (November 6, 2020); as amended by Final Rulemaking published at 69 DCR 000930 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 902

11-K DCMR § 903 WR-3 ZONE

WR-3 ZONE

FIGURE K § 903: ILLUSTRATION OF BOUNDARIES OF THE WR-3 ZONE

The WR-3 zone is intended to:

Provide for moderate- to medium-density commercial and residential development that activates Georgia Avenue frontage through enhanced ground-floor retail opportunities, a more uniform street wall, and publicly accessible plazas;

Maintain a sensitive scale of development in relation to properties on the east side of Georgia Avenue as appropriate; and

Preserve existing and encourage new green and open space to activate the site, and to allow for recreation opportunities as appropriate.

The development standards for the WR-3 zone are set forth in the following table:

TABLE K § 903.2: WR-3 DEVELOPMENT STANDARDS

WR-3

Sub-Area

Building Height (max.)

Stories (max.)

Floor Area Ratio (max.)

Residential Lot Occupancy Above the First Two Stories (max.)

Setbacks

Total

Non-Residential Use

Land Bay A.2

70 ft.

3.5

1.0

80%

n/a

Land Bay F

See § 903.3

1.75

1.0

80%

n/a

Land Bay G.4

75 ft.

3.0

1.0

80%

n/a

Land Bay K.1

70 ft.

2.75

1.0

80%

See § 903.7

For Land Bay F, the maximum height of buildings or structures shall be sixty (60) feet within one hundred feet (100 ft.) of Georgia Avenue, and seventy-five feet (75 ft.) elsewhere.

For Land Bays F, G.4, and K.1, the non-residential maximum FAR requirement shall be measured by sub-area, as opposed to per building.

Lot occupancy on the first two (2) stories is permitted up to one hundred percent (100%), regardless of use, and except as limited by Subtitle K § 903.10.

Non-residential uses or building entrances to any use shall occupy one hundred percent (100%) of the ground-floor building façades facing the plaza constructed pursuant to Subtitle K § 903.10.

In Land Bay K.1, any new construction shall be set back no less than twenty feet (20 ft.) from the Aspen Street property line as it exists as of January 1, 2015.

In the WR-3 zone, no less than seventy percent (70%) of the façade of buildings located along Fern Street, Elder Street, Dahlia Street, Aspen Street, and Georgia Avenue shall be built to the property lines abutting the subject street right-of-way to a height of not less than twenty-five feet (25 ft.), except that:

The requirements of this subsection shall not apply to the portions of building façades that front on a plaza established pursuant to Subtitle K § 903.10;

The requirements of this subsection shall not apply to portions of building façades that are set back from the right-of-way for the purpose of preserving existing mature trees and for which trees the applicant for a building permit shall provide a permanent plan, approved by the Urban Forestry Administration, for tree maintenance and replacement;

The height requirement of this subsection may be reduced to eighteen feet (18 ft.) if the roof immediately above the eighteen (18)-foot façade is occupied by a public or private outdoor terrace; and

The proposed design meets the intent of creating a streetwall along the street in question; and

The area set back from the property line does not unduly restrict access by the public by a gate, fence, wall, or other barrier.

In the WR-3 zone, all portions of the ground floor devoted to non-residential uses shall be subject to the following requirements:

Each non-residential use with frontage on a public street or plaza shall have an individual public pedestrian entrance directly accessible from a sidewalk or plaza upon which the use has frontage; and

In Land Bay F, a plaza shall be provided which meets the criteria of this subsection:

No part of a building above grade shall cover the areas described below, as illustrated in the diagram below. The resulting plaza is the minimum open space, and building façades need not front immediately upon or follow the boundaries of the prescribed open space:

The central two hundred feet (200 ft.) of the frontage on Georgia Avenue between Dahlia and Elder Streets to a depth of one hundred fifty feet (150 ft.) west of Georgia Avenue, with the depth measured at the midpoint between Dahlia and Elder Streets and drawn parallel to Dahlia and Elder Streets; and

The central one hundred feet (100 ft.) of frontage on 12th Street between Dahlia and Elder Streets and extending east to connect to the open space described in Subtitle K § 903.10(a)(1); and

FIGURE K § 903.10(a)(2): ILLUSTRATION OF WR-3 OPEN SPACE

The open space described in Subtitle K § 903.10(a) shall constitute a plaza that must:

Be open to the sky;

Be open and available to the general public on a continuous basis;

Be lighted and landscaped;

Preserve at least ninety percent (90%) of the existing mature, healthy trees; and

Provide at least fifty percent (50%) pervious surface, including any water feature.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 903

11-K DCMR § 904 WR-4 ZONE

WR-4 ZONE

FIGURE K § 904: ILLUSTRATION OF BOUNDARIES OF THE WR-4 ZONE

The WR-4 zone is intended to:

Provide for moderate-density commercial and residential development that adaptively reuses and sensitively develops proximate to historic resources; and

Maintain the campus-like setting of Building 1 and other buildings through preservation of certain nearby open spaces.

The development standards for the WR-4 zone are set forth in the following table:

TABLE K § 904.2: WR-4 DEVELOPMENT STANDARDS

WR-4

Sub-Area

Building Height (max.)

Stories (max.)

Floor Area Ratio (max.)

Lot Occupancy (max.)

Setbacks

Land Bay H.1

40 ft.

1.0

60%

See § 904.3

Land Bays H.2 and H.3

40 ft.

2.0

N/A

See § 904.3

Land Bays G.1 and G.5

50 ft.

1.75

75%

n/a

Land Bay G.3

40 ft.

0.9

60%

See § 904.4

Land Bay J.6

55 ft.

1.15

50%

n/a

In Land Bays H.1, H.2, and H.3, no building or portion of a building shall be constructed east of the easternmost point of existing Building 1.

In Land Bay G.3, no building or portion of a building shall be constructed south of the southernmost point of existing Building 12.

In Land Bay H.3, no surface parking lot is permitted east of the easternmost point of existing Building 1.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10620 (August 19, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 904

11-K DCMR § 905 WR-5 ZONE

WR-5 ZONE

FIGURE K § 905: ILLUSTRATION OF BOUNDARIES OF THE WR-5 ZONE

The WR-5 zone is intended to:

Provide moderate-density residential and commercial development that also supports arts and cultural uses; and

Encourage continuous east/west green connections and passive and active recreation opportunities.

The development standards for the WR-5 zone are set forth in the following table:

TABLE K § 905.2: WR-5 DEVELOPMENT STANDARDS

WR-5

Sub-Area

Building Height (max.)

Stories (max.)

FAR (max.)

Lot Occupancy (max.)

Setbacks

Land Bay K.3

50 ft.

1.0

35%

See § 905.3

Land Bays J.9 and K.2

35 ft.

0.75

75%

n/a

Land Bay J.8

35 ft.

0.4

40%

See § 905.4

In Land Bay K.3, no building or portion of a building shall be constructed north of the northernmost point of existing Buildings 8 or 9, or east of the easternmost portion of Building 8.

In Land Bay J.8, any new construction shall be set back no less than twenty feet (20 ft.) from the Aspen Street property line as it exists on January 1, 2015. Existing buildings may be renovated and adaptively reused, even if within the setback area.

For new construction in Land Bay J.8, all portions of the ground floor devoted to non-residential uses shall have a minimum floor-to-ceiling height of fourteen feet (14 ft.), except for those spaces within the ground floor of any building devoted to the following uses: mechanical, electrical, and plumbing; storage; fire control; loading; parking; and retail and service corridors.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 905

11-K DCMR § 906 WR-6 ZONE

WR-6 ZONE

FIGURE K § 906: ILLUSTRATION OF BOUNDARIES OF THE WR-6 ZONE

The WR-6 zone is intended to:

Preserve the unique character of the Great Lawn and maintain the campus atmosphere at the heart of the historic Walter Reed campus, including the landscaped entrances to the WR zone around Main Drive and East and West Cameron Drives;

Assure that the Great Lawn’s permanent use is for its primary natural function as well as for enjoyment by the general public; and

Encourage continuous east/west green connections.

The development standards for the WR-6 zone are set forth in the following table:

TABLE K § 906.2: WR-6 DEVELOPMENT STANDARDS

WR-6

Sub-Area

FAR (max.)

Land Bays J.1, J.7, G.2, G.6, and K.4

In the WR-6 zone, no new surface parking lots are permitted.

Notwithstanding the restriction of Subtitle K § 906.2, temporary structures may be erected to house any temporary use, subject to the temporary use provisions of Subtitle K § 922.6.

Notwithstanding the restriction of Subtitle K § 906.2, up to five (5) permanent structures, of no more than four hundred square feet (400 sq. ft.) each, may be constructed for the general purpose of food and beverage sales, or other retail or service use ancillary to the role of the WR-6 as an open space zone. This section shall not imply approval by the Historic Preservation Review Board or any other permitting authority.

In Land Bay J.7, a FAR of 0.5 is permitted for a Parks and Recreation use, or a similar use operated by a non-governmental entity.

In Land Bay J.7, any new construction built pursuant to Subtitle K § 906.5 shall be set back no less than twenty feet (20 ft.) from the Aspen Street property line as it exists on January 1, 2015.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 906

11-K DCMR § 907 WR-7 ZONE

WR-7 ZONE

FIGURE K § 907: ILLUSTRATION OF BOUNDARIES OF THE WR-7 ZONE

The WR-7 zone is intended to:

Provide medium-density residential development that is sensitive to existing development on the south side of Aspen Street;

Encourage adaptive reuse of existing buildings to accommodate, among other uses, institutions; and

Encourage open and green space suitable for sustainable infrastructure and amenities as appropriate.

The development standards for the WR-7 zone are set forth in the following table:

TABLE K § 907.2: WR-7 DEVELOPMENT STANDARDS

WR-7

Sub-Area

Building Height (max.)

Stories (max.)

FAR (max.)

Lot Occupancy (max.)

Setbacks

Land Bay J.5

55 ft.

1.25

50%

See § 907.3

Land Bay J.4

25 ft.

1.0

50%

See § 907.3

Land Bay J.3

45 ft.

0.75

40%

See § 907.3

See § 907.4

In the WR-7 zone, any new construction shall be set back no less than twenty feet (20 ft.) from the Aspen Street property line as it exists on January 1, 2015.

In Land Bay J.3, no building or portion of a building shall be constructed north of the northernmost point of existing Building 11.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 907

11-K DCMR § 908 WR-8 ZONE

WR-8 ZONE

FIGURE K § 908: ILLUSTRATION OF BOUNDARIES OF THE WR-8 ZONE

The WR-8 zone is intended to:

Provide medium-density residential development that is sensitive to existing development on the south side of Aspen Street; and

Encourage open and green space suitable for sustainable infrastructure and amenities as appropriate.

The development standards for the WR-8 zone are set forth in the following table:

TABLE K § 908.2: WR-8 DEVELOPMENT STANDARDS

WR-8

Sub-Area

Building Height (max.)

Stories (max.)

FAR (max.)

Lot Occupancy (max.)

Setbacks

Land Bay J.2

See § 3508.3

3.25

80%

See § 908.4

In the WR-8 zone, the maximum height of buildings or structures shall be as follows:

Within twenty-five feet (25 ft.) of the setback specified in Subtitle K § 908.4, fifty feet (50 ft.) above the finished grade at the middle of the Aspen Street building façade; and

Elsewhere, sixty-five feet (65 ft.) as measured from whichever measuring point is chosen for the building for the purpose of measuring height.

In the WR-8 zone, any new construction shall be set back no less than twenty feet (20 ft.) from the Aspen Street property line, as it exists on January 1, 2015.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 908

11-K DCMR § 909 WR-9 ZONE

909.1 The WR-9 zone is intended to support the expansion of medical care and research facilities at a scale of development that does not adversely impact the character of nearby established neighborhoods.

909.2 The development standards for the WR-9 zone are set forth in the

following table:

TABLE K § 909.2: WR-9 DEVELOPMENT STANDARDS

Building Height (maximum)

Stories (maximum)

Lot Occupancy (maximum)

Pervious Surface

(minimum)

Side Yard

(minimum)

Rear Yard

(minimum)

45 ft.

70%

10%

None required;

4 ft. if provided

None

required

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at DCR 11679 (October 9, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 909

11-K DCMR § 910 WR-10 THROUGH WR-15 ZONES

910.1 The WR-10 through WR-15 zones are intended to:

(a) Support the expansion of medical care and research facilities at a scale of development that does not adversely impact the character of nearby established neighborhoods; and

(b) Encourage adaptive reuse of existing buildings to support medical

research uses.

910.2 The development standards for the WR-10 through WR-15 zones are set forth in the following table:

TABLE K § 910.2: WR-10 THROUGH WR-15 DEVELOPMENT STANDARDS

Zone District

FAR

Building Height (maximum)

Lot Occupancy (maximum)

Side Yard

(minimum)

Rear Yard

(minimum)

WR-10

4.5

60 ft.

100%

None required

WR-11

4.5

90 ft.

75%

None required

WR-12

2.0

65 ft.

75%

None required

WR-13

6.0

110 ft.

100%

None required

WR-14

4.5

110 ft.

75%

None required

WR-15

2.5

85 ft

60%

None required

910.3 In the WR-11 zone, no building or portion of a building shall be constructed above grade within one hundred fifty feet (150 ft.) of the street lot lines abutting Dahlia Street, N.W.

910.4 In the WR-15 zone, no building or portion of a building shall be constructed above grade within eighty feet (80 ft.) of the street lot lines abutting Fern Street, N.W.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 11679 (October 9, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 910

11-K DCMR § 911 HEIGHT AND PENTHOUSES AND ROOFTOP STRUCTURES (WR)

911.1 In the WR zone, the point chosen for measurement of height shall conform to the other provisions of this title, except that the point may be on either a public or private street.

911.2 For the purposes of applying general zoning requirements of this title:

The WR-1, WR-7, and WR-8 zones shall be considered Residence zones; and

The WR-2, WR-3, WR-4, WR-5, WR-6, WR-9, WR-10, WR-11, WR-12, WR-13, WR-14, and WR-15 zones shall be considered Mixed Use or Commercial Zones.

911.3 Penthouses or rooftop structure shall be subject to the regulations of Subtitle C, Chapter 15, and the height and story limitations specified in Subtitle C § 911.4.

911.4 A penthouse or rooftop structure constructed in accordance with the provisions of Subtitle C, Chapter 15 may be erected to a height in excess of that permitted, but shall not exceed the height, as measured from the surface of the roof upon which the penthouse or rooftop structure sits, in the following table:

TABLE K § 911.4: PENTHOUSE OR ROOFTOP STRUCTURE STANDARDS

Zone

Maximum Height (ft.)

Maximum Stories

WR-1, WR-6

Pursuant to Subtitle C § 1500.4

WR-4, WR-5, WR-7, WR-9

12 feet;

except 15 feet for penthouse mechanical space

1 story;

second story permitted for penthouse mechanical space

WR-8

12 feet;

except 18 feet, 6 inches for penthouse mechanical space

1 story;

second story permitted for penthouse mechanical space

WR-3

20 feet

1 story;

second story permitted for penthouse mechanical space

WR-2, WR-10, WR-11, WR-12, WR-13, WR-14, WR-15

20 feet

1 story plus mezzanine;

second story permitted for penthouse mechanical space

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 11679 (October 9, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 911

11-K DCMR § 912 STREETSCAPE STANDARDS (WR)

STREETSCAPE STANDARDS (WR)

In all WR zones, all buildings are subject to the following design requirements:

Façades that front on public or private streets or plazas shall not have blank walls uninterrupted for more than ten feet (10 ft.) by doors, windows, or architectural features that modulate and articulate the building wall planes. Projections permitted into the public right-of-way by other regulations shall satisfy this requirement; and

Security grilles shall have no less than seventy percent (70%) transparency.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 11679 (October 9, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 912

11-K DCMR § 913 USE PERMISSIONS (WR)

USE PERMISSIONS (WR)

913.1 The uses in this section shall be permitted as a matter of right in the WR-1 zone, subject to any applicable conditions.

Agriculture, large and residential;

Antennas subject to the conditions of Subtitle K § 914.2;

Arts, design, and creation subject to the conditions of Subtitle K § 914.3;

Chanceries;

Community solar facility, subject to the following conditions:

Roof-mounted solar array of any size; or

Ground-mounted solar array, subject to the following requirements:

Measures no greater than twenty feet (20 ft.) in height;

Has an aggregate panel face area of one-and-one half (1.5) acres or less;

Meets the yard and height development standards of the zone; and

Where the panels are sited no less than forty feet (40 ft.), including any intervening street or alley, from an adjacent property in the R, RF, or RA-1 zone;

Daytime care subject to the conditions of Subtitle K § 914.4;

Emergency shelter subject to the conditions of Subtitle K § 914.5;

Institutional, religious-based;

Parking subject to the conditions of Subtitle K § 914.8;

Parks and recreation;

Residential;

Retail subject to the conditions of Subtitle K § 914.9;

(m) Retail subject to the conditions of Subtitle K § 912.10;

(n) Short-Term Rental as an accessory use to a principal residential use;

(o) Transportation infrastructure; and

(p) Utilities, basic.

The uses in this section shall be permitted as a matter-of-right in the WR-2, WR-3, WR-4 and WR-5 zones, subject to any applicable conditions:

Agriculture, large and residential;

Antennas subject to the conditions of Subtitle K § 914.2;

Arts, design, and creation;

Basic utilities;

Chanceries;

Daytime care;

Eating and drinking establishments subject to the conditions of Subtitle K § 914.6;

Education, college/university;

Education, private;

Education, public;

Emergency shelter subject to the conditions of Subtitle K § 914.5;

Entertainment, assembly, and performing arts;

Government, local;

Institutional, general;

Institutional, religious-based;

Lodging;

Medical care;

Office;

Parking subject to the conditions of Subtitle K § 914.8;

Parks and recreation;

Residential;

Retail;

Service, financial;

(x) Service, general subject to the conditions of Subtitle K § 914.10;

(y) Short-Term Rental as an accessory use to a principal residential use; and

(z) Transportation infrastructure.

913.3 The uses in this section shall be permitted as a matter-of-right in the WR-6 zone, subject to any applicable conditions:

Agriculture, large and residential;

Arts, design, and creation;

Basic utilities;

Eating and drinking establishments;

Entertainment, assembly, and performing arts;

Institutional, religious-based;

Parks and recreation;

Retail;

Short-Term Rental as an accessory use to a principal residential use; and

Transportation infrastructure.

913.4 The uses in this section shall be permitted as a matter of right in the WR-7 zone, subject to any applicable conditions:

Agriculture, large and residential;

Antennas subject to the conditions of Subtitle K § 914.2;

Arts, design, and creation;

Basic utilities;

Chanceries;

Daytime care;

Education, college/university subject to the conditions of Subtitle K § 914.7;

Education, private, subject to the conditions of Subtitle K § 914.7;

Education, public, subject to the conditions of Subtitle K § 914.7;

Emergency shelter subject to the conditions of Subtitle K § 914.5;

Institutional, general;

Institutional, religious-based;

Medical care;

Office;

Parking subject to the conditions of Subtitle K § 914.8;

Parks and recreation;

Residential;

Retail subject to the conditions of Subtitle K § 914.9; and

Transportation infrastructure.

The uses in this section shall be permitted as a matter of right in the WR-8 zone, subject to any applicable conditions:

Agriculture, large and residential;

Antennas subject to the conditions of Subtitle K § 914.2;

Arts, design, and creation subject to the conditions of Subtitle K § 914.3;

Basic utilities;

Chanceries;

Daytime care;

Emergency shelter subject to the conditions of Subtitle K § 914.5;

Institutional, general;

Institutional, religious-based;

Medical care;

Parking subject to the conditions of Subtitle K § 914.8;

Parks and recreation;

Residential;

Retail subject to the conditions of Subtitle K § 914.9;

Short-Term Rental as an accessory use to a principal residential use; and

Transportation infrastructure.

913.6 The uses in this section shall be permitted as a matter of right in the WR-9 through WR-15 zones, subject to any applicable conditions:

(a) Daytime Care

(b) Office

(d) Institutional, General

(e) Lodging uses devoted to persons associated with the permitted medical care and institutional uses at Children’s National at Walter Reed including, but not limited to, patient families, visiting researchers, and medical professionals.

913.7 For the purposes of the WR zone, a community garden or playground managed by a non-profit organization or homeowners’ association shall be considered a use in the parks and recreation use group provided the community garden or playground is open to the public.

913.8 A home occupation use, including a business, profession, or other economic activity, which is conducted full-time or part-time in a dwelling unit that serves as the principal residence of the practitioner, shall be permitted subject to the following conditions:

The home occupation use shall comply with the requirements of Subtitle U § 251;

The home occupation use is not within a dwelling unit in an accessory building; and

A home occupation use not meeting all of the above conditions may be permitted as a special exception by the Board of Zoning Adjustment under Subtitle X, Chapter 9 of this title.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 67 DCR 1543 (February 14, 2020); as amended by Final Rulemaking published at 67 DCR 11679 (October 9, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 913

11-K DCMR § 914 CONDITIONAL USES (WR)

CONDITIONAL USES (WR)

The following conditions shall apply as required in Subtitle K § 913.

914.2 Antennas shall be permitted subject to the standards and procedures that apply to the particular class of antenna in Subtitle C, Chapter 13 of this title, which shall be applied to the WR zone as follows:

The WR-1, WR-7, and WR-8 zones shall be considered Residential/R zones; and

The WR-2, WR-3, WR-4, WR-5, and WR-6 zones shall be considered as MU-4 zones.

914.3 An arts, design, and creation use shall be permitted as a matter of right if it is clearly incidental to and accessory to the primary residential use, and subject to the following:

The practitioner of the arts, design, and creation use must reside on the premises;

All operations and storage of materials shall occur inside the building;

Incidental sales of art work or other craft produced on site shall be permitted within the dwelling; and

The practitioner may teach the art to one (1) or more apprentices.

Daytime care uses shall be permitted in the WR-1 zone as a matter of right subject to the following conditions:

The dwelling unit in which the use is located shall be the principal residence of the caregiver; and

The use otherwise shall meet the conditions of a home occupation.

914.5 An emergency shelter for one (1) to four (4) persons, not including resident supervisors or staff and their families, shall be a matter-of-right use.

914.6 All eating and drinking establishment uses shall be permitted as a matter of right except that:

A drive-through shall not be permitted; and

Fast food establishments and a fast food establishment that meets the definition of a food delivery services may be permitted by special exception pursuant to Subtitle K § 913.2(c) and if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9.

Education (public, private, college/university) uses shall be permitted in the WR-7 zone only on Land Bay J.3.

914.8 Parking shall be permitted as a matter of right provided that all off-street parking is provided in compliance with the provisions of Subtitle K § 915;

914.9 A sale in the nature of a yard sale, garage sale, or home sales party may be held at a dwelling unit at most four (4) times during a twelve (12) month period.

Service, general uses shall be permitted as a matter of right provided that a laundry or dry cleaning facility shall not exceed two thousand five hundred square feet (2,500 sq. ft.) of gross floor area.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 67 DCR 11679 (October 9, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 914

11-K DCMR § 915 SPECIAL EXCEPTION USES (WR)

SPECIAL EXCEPTION USES (WR)

The uses in this section shall be permitted in the WR-1 zone if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, subject to any applicable conditions of each paragraph below:

Community-based institutional facilities (CBIF) for one (1) to twenty (20) persons, not including resident supervisors or staff and their families, subject to the following conditions:

There shall be no other property containing a CBIF for seven (7) or more persons in the same square;

There shall be no other property containing a CBIF for seven (7) or more persons within a radius of five hundred feet (500 ft.) from any portion of the subject property;

There shall be adequate, appropriately located, and screened off-street parking to provide for the needs of occupants, employees, and visitors to the facility;

The proposed facility shall meet all applicable code and licensing requirements;

The facility shall not have an adverse impact on the neighborhood because of traffic, noise, operations, or the number of similar facilities in the area; and

The Board of Zoning Adjustment may approve more than one (1) community-based institutional facility in a square or within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations; and

Community solar facility not meeting the requirements of Subtitle K § 913.1(e), subject to the following:

Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that:

Maintains as many existing native trees as possible;

Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture;

Ensures all trees measure a minimum of six feet (6 ft.) in height at the time of planting; and

The Application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report; and

Emergency shelter use for five (5) to twenty-five (25) persons, not including resident supervisors or staff and their families, subject to the following conditions:

There shall be no other property containing an emergency shelter for seven (7) or more persons either in the same square or within a radius of five hundred feet (500 ft.) from any portion of the property;

There shall be adequate, appropriately located, and screened off-street parking to provide for the needs of occupants, employees, and visitors to the facility;

The proposed facility shall meet all applicable code and licensing requirements;

The facility shall not have an adverse impact on the neighborhood because of traffic, noise, operations, or the number of similar facilities in the area;

The Board of Zoning Adjustment may approve more than one (1) emergency shelter in a square or within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations; and

The Board of Zoning Adjustment may approve a facility for more than twenty-five (25) persons, not including resident supervisors or staff and their families, only if the Board finds that the program goals and objectives of the District of Columbia cannot be achieved by a facility of a smaller size at the subject location and if there is no other reasonable alternative to meet the program needs of that area of the District.

915.2 The following uses shall be permitted in the WR-2, WR-3, WR-4, and WR-5 zones if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, subject to any applicable conditions of each paragraph below:

Animal sales, care, and boarding shall be subject to the following conditions:

The use shall produce no noise or odor objectionable to nearby properties, including residential units located in the same building as the use, and shall utilize industry standard sound-absorbing materials, such as acoustical floor and ceiling panels, acoustical concrete and masonry, and acoustical landscaping;

The applicant shall demonstrate that the use will comply with the following conditions, and any Board of Zoning Adjustment approval shall be subject to the use’s continued compliance with these standards:

The use shall take place entirely within an enclosed building;

The windows and doors of the space devoted to the animal boarding use shall be kept closed;

No animals shall be permitted in an external yard on the premises;

Animal waste shall be placed in closed waste-disposal containers and shall utilize a qualified waste disposal company to collect and dispose of all animal waste at least weekly; and

Odors shall be controlled by means of an air filtration system (for example, High Efficiency Particulate Air "HEPA" filtration) or an equivalently effective odor control system;

A veterinary boarding hospital may board any animal permitted to be lawfully sold in the District of Columbia, pursuant to D.C. Official Code § 8-1808(h)(1); and

The Board of Zoning Adjustment may impose additional requirements pertaining to the location of buildings or other structures; entrances and exits; buffers, barriers, and fencing; soundproofing; odor control; waste storage and removal (including frequency); the species and/or number and/or breeds of animals; or other requirements, as the Board deems necessary to protect adjacent or nearby property;

Community-based institutional facilities (CBIF) for one (1) to twenty (20) persons, not including resident supervisors or staff and their families, subject to the conditions of Subtitle K § 915.1(a);

Community solar facility not meeting the requirements of Subtitle K § 913.1(e), subject to the following:

Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that:

Maintains as many existing native trees as possible;

Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture;

Ensures all trees measure a minimum of six feet (6 ft.) in height at the time of planting; and

The Application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report.

Food establishment and a fast food establishment that meets the definition of a food delivery services shall be permitted by special exception, subject to the following conditions:

No part of a lot on which a fast food establishment or food delivery business is located shall be within twenty-five feet (25 ft.) of a residential zone, including WR-1, WR-7, and WR-8, unless separated therefrom by a street or alley;

Any outdoor refuse dumpsters shall be housed in a three (3)-sided brick enclosure equal in height to the dumpster or six feet (6 ft.) high, whichever is greater, with the entrance to the enclosure including an opaque gate;

The use shall not include a drive-through;

There shall be no customer entrance in the side or rear of a building that faces an alley containing a zone boundary line for a residential zone;

The use shall be designed and operated so as not to become objectionable to neighboring properties because of noise, sounds, odors, lights, hours of operation; and

The use shall be located and designed so as to create no dangerous or other objectionable traffic conditions;

Emergency shelter use for five (5) to twenty-five (25) persons, not including resident supervisors or staff and their families, subject to the conditions of Subtitle K § 915.1(c); and

All motor vehicle related uses are prohibited except motor vehicle sales, which may be permitted as a special exception subject to the following conditions:

There shall be no outdoor storage of vehicles;

Vehicular access into the showroom shall be through a moveable glass façade, or through an internal ramp or elevator from an underground garage;

If vehicular access into the showroom is from the street through a moveable façade, the applicant shall submit a plan showing the area external to the building, including landscaping, hardscape, the method by which vehicles shall be transferred into the showroom, and where any necessary delivery trucks shall unload and park;

The Board of Zoning Adjustment shall find that the loading activities shall not unduly impact pedestrian movement outside the building, or negatively impact the streetscape, including street trees and street furniture. If the use fronts on a public street, approval under this section shall not imply approval by the Public Space Committee or any other permitting authority;

Any repair of vehicles shall occur inside the building in a location not visible from the right-of-way; and

The Board of Zoning Adjustment shall find that the use does not impair the overall pedestrian or retail environment of the neighborhood.

915.3 The following uses shall be permitted in the WR-7 and WR-8 zones if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, subject to any applicable conditions of each paragraph below:

(a) Community solar facility not meeting the requirements of Subtitle K § 913.1(e), subject to the following:

Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that:

Maintains as many existing native trees as possible;

Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture;

Ensures all trees measure a minimum of six feet (6 ft.) in height at the time of planting; and

The Office of Zoning shall refer the Application, including the landscape plan, to the District Department of Energy and Environment for review and; recommendation if filed to the case record within the forty (40)-day period established by Subtitle A § 211; and

Emergency shelter use for five (5) to twenty-five (25) persons, not including resident supervisors or staff and their families, subject to the conditions of Subtitle K § 915.1(c).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 67 DCR 11679 (October 9, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 915

11-K DCMR § 916 PROHIBITED USES (WR)

916.1 The following uses are prohibited in the WR zone as either a principal or accessory use:

Drive-through or drive-in, as either a principal or accessory use;

Any establishment that has as its principal use the administration of massages; and

Self-storage establishment.

916.2 Any use not otherwise permitted by Subtitle K §§ 913, 914, or 915, or permitted as an accessory or home occupation in this chapter shall not be permitted.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 11679 (October 9, 2020); as amended by Final Rulemaking published at 67 DCR 14506 (December 11, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 916

11-K DCMR § 917 VEHICLE PARKING (WR)

VEHICLE PARKING (WR)

917.1 Except as noted in this section, the provisions and requirements of Subtitle C, Chapter 7, Vehicle Parking, shall not apply, and the following provisions of this section shall apply.

917.2 In the WR-1 through WR-8 zones, the cumulative total of all automobile parking spaces, including below-grade surface, and above-grade structured parking, shall not exceed a total of three thousand four hundred (3,400) parking spaces.

917.3 Each application to the Department of Consumer and Regulatory Affairs for a development within the WR-1 through WR-8 zones that includes parking shall provide an accounting of the total number of parking spaces which count towards the parking space limit of Subtitle K § 917.2.

917.4 In the WR-9 through WR-15 zones, the cumulative total of all automobile parking spaces, including below-grade, surface, and above-grade structured parking, shall not exceed a total of one thousand six hundred (1,600) parking spaces.

Each application to the Department of Consumer and Regulatory Affairs for a development within the WR-9 through WR-15 zones that includes parking shall provide an accounting of the total number of parking spaces which count towards the parking space limit of Subtitle K § 917.4.

Parallel parking spaces on a private street shall not count toward the limits of Subtitle K §§ 917.2 and 917.4, provided they are open to use by the public and not reserved for a particular or private use.

Parking spaces dedicated for use by a car-sharing service or dedicated for the charging of electric vehicles shall not count toward the limits of Subtitle K §§ 917.2 and 917.4.

Additional parking spaces beyond the limit of Subtitle K § 915.2 shall be permitted by special exception by the Board of Zoning Adjustment pursuant to Subtitle X, Chapter 9 and provided that the applicant addresses compliance with the following standards:

The application shall include:

A detailed accounting of the existing and proposed number and locations of parking spaces provided pursuant to Subtitle K §§ 917.2 and 917.4, as applicable;

A traffic study assessing the impacts of the proposed additional parking spaces that would, at a minimum, include an updated trip generation study, parking occupancy study for the entire site, and impacts on local traffic patterns, for referral to and comment by the District Department of Transportation (DDOT). The parameters of the analysis shall be outlined by DDOT prior to the application; and

A transportation demand management (TDM) plan, for referral to and comment by DDOT. The parameters of the analysis shall be outlined by DDOT prior to the application; and

Vehicular access and egress to the additional parking will be located and designed so as to encourage safe and efficient pedestrian movement, minimize conflict with principal pedestrian ways, function efficiently, and create no dangerous or otherwise objectionable traffic conditions.

917.9 For any application pursuant to Subtitle K § 917.8:

917.10 Parking spaces need not be located on the same lot as the building or buildings they are intended to serve, but must be located within the WR zones.

917.11 Parking spaces may be shared among more than one (1) use, whether the uses are on the same lot or on separate lots. A parking space that is shared among more than one (1) use shall be subject to the following conditions:

The parking space and the uses shall all be within the WR zones;

The parking space shall not serve as required parking for any other use during the days and times each use the space serves is in operation;

A written agreement assigning the parking space to each use, stating compliance with Subtitle K § 917.11(b), shall be signed by the owner of the parking space and the owner of each use requiring the parking space;

The final, original written agreement shall be filed with the Zoning Administrator prior to the issuance of the first certificate of occupancy for the use;

Any amendment or successor agreement must be filed no later than ten (10) days following execution by the parties; and

The Zoning Administrator shall maintain a file of all written agreements and amendments for each lot containing a parking space shared between multiple uses and for the lots sharing the parking space.

917.12 Parking spaces shall not be located between a street right-of-way line and the more restrictive of either a building façade or a line extending from and parallel to a building façade. A building used solely as a parking attendant shelter shall not trigger this restriction. Notwithstanding the restriction of this subsection, the existing surface parking lot south of Building 11 may remain, but shall not be expanded in size.

An above-grade structure constructed or renovated to provide parking after September 4, 2015, when this chapter was adopted, shall be lined with preferred uses on the ground and second floors to a depth of fifteen feet (15 ft.) minimum, except the portions of the building façade used for vehicular, bicycle, or pedestrian access to the parking area. For the purposes of this subsection, preferred uses shall include any use from the arts design and creation; eating and drinking establishments; office; residential; retail; service, general; and service, financial use groups.

917.14 All parking spaces, other than mechanical parking spaces, shall be accessible at all times from a driveway accessing either an improved street or an improved alley or alley system with a minimum width of ten feet (10 ft.). Parking spaces provided within or accessed by a mechanized parking system need not meet the accessibility requirement of this subsection as long as the mechanized parking system does.

917.15 New parking spaces and drive aisles shall be designed in accordance with the standards of Subtitle C §§ 710 through 716.

Approval of a driveway under this chapter shall not be interpreted to imply permission for a curb cut in public space. All curb cuts in public space shall obtain all necessary approvals and permissions.

All access to parking facilities, whether from a public or private right-of-way, shall meet DDOT and Public Space Committee standards.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 11679 (October 9, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 917

11-K DCMR § 918 BICYCLE PARKING (WR)

918.1 Bicycle parking shall be provided in accordance with the requirements of Subtitle C, Chapter 8, and in accordance with Subtitle K § 918.2.

Long-term bicycle parking spaces shall meet the following additional requirements:

All required long-term bicycle parking spaces shall be located within the building of the use requiring them;

Except as noted below, required long-term bicycle parking spaces shall be located no lower than the first cellar level or the first complete parking level below grade, and no higher than the first above-grade level. Spaces shall be available to employees, residents, and other building occupants; and

If vehicular parking is segregated on different levels of a parking garage based on use, required long-term bicycle parking spaces may be located on the garage level dedicated to the use which generated the bicycle parking requirement. However, in no instance shall required long-term bicycle spaces be located lower than the second parking level below grade or the second parking level above grade.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 11679 (October 9, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 918

11-K DCMR § 919 LOADING (WR)

LOADING (WR)

919.1 Loading shall be provided in accordance with the requirements of Subtitle C, Chapter 9 and the provisions of this section.

Access to loading and service/delivery space shall not be required to meet the requirement of Subtitle C § 904.5, which requires access be from an open or approved alley, where one exists.

All access to loading facilities, whether from a public or private right of way, shall meet DDOT and Public Space Committee standards.

In addition to the loading screening and lighting requirements of Subtitle C § 908, any loading berths or service/delivery spaces that are not enclosed within a building, if potentially visible from a public right-of-way, shall have, in addition to the wall required by this subsection, a screen of evergreen trees, planted at a distance of no more than fifteen feet (15 ft.) on center, of a species that at maturity would have a typical height of at least fifteen feet (15 ft.).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 11679 (October 9, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 919

11-K DCMR § 920 AFFORDABLE HOUSING (WR)

AFFORDABLE HOUSING (WR)

920.1 Affordable housing shall be provided as described in this section. The provisions of Subtitle C, Chapter 10, shall not apply, with the exception of the relevant penthouse habitable space affordable housing provisions pursuant to Subtitle C § 1507.2.

The purposes of this section are to:

Ensure the provision of a significant amount of affordable housing, including for very low-income households; and

Ensure that the affordable housing is distributed throughout the WR zone.

920.3 The FAR, lot occupancy, and height listed in the Development Standards for each WR zone shall serve as the maximum permitted density and building envelopes for buildings and structures, including for the provision of affordable units.

920.4 For the WR-1 through WR-8 zones, no less than four hundred and thirty-two (432) units of affordable housing shall be subject to affordable housing covenants that collectively result in compliance with Subtitle K §§ 920.5 and 920.6.

Of the four hundred and thirty-two (432) units minimum:

No less than one hundred and fourteen (114) rental units shall be reserved for and provided at rents affordable to households earning thirty percent (30%) or less of the Area Median Income (AMI);

No less than one hundred and thirty-nine (139) units shall be reserved for and provided at rents or sales prices affordable to households earning fifty percent (50%) of the AMI or less; and

No less than one hundred and seventy-nine (179) units shall be reserved for and provided at rents or sales prices affordable to households earning eighty percent (80%) of the AMI or less.

A minimum amount of affordable units shall be provided in each of the WR-1 through WR-8 zones, and in each multifamily building, according to the following table. The remaining affordable units may be located anywhere in the WR-1 through WR-8 zones.

TABLE K § 920.6: AFFORDABLE UNIT REQUIREMENTS

Column A

Column B

Zone

Minimum Percentage of Residential Units to be Provided as Affordable Units in the Zone

Of the Units Prescribed in Column A, the Minimum Percentage to be Provided in Each Multifamily Building in the Zone

WR-1

n/a

WR-2

20%

WR-3

12.5%

WR-4

20%

WR-5

25%

WR-7

25%

WR-8

25%

At the expiration of the affordability control period established by its affordable housing covenant, each multifamily building within the WR-2 through WR-8 zones shall devote no less than eight percent (8%) of its units to affordable units, which shall remain affordable in accordance with Subtitle K § 920.8 for so long as the multifamily building exists

At the expiration of the affordability control period established by its affordable housing covenant, each multifamily building within the WR-2 through WR-8 zones shall set aside fifty percent (50%) of affordable units for households earning fifty percent (50%) of the AMI or less and fifty percent (50%) of affordable units shall for households earning eighty percent (80%) of the AMI or less. The first affordable unit that becomes available after the expiration of the affordability control period and each additional odd number unit shall be set aside for households earning fifty percent (50%) of the AMI or less.

At the expiration of all affordability control periods established by affordable housing covenants recorded against properties in the WR-1 zone, no less than eight percent (8%) of all units within the WR-1 zone shall be devoted to affordable units, which shall remain affordable in accordance with Subtitle K § 920.10 for so long as the units exists.

At the expiration of all affordability control periods established by affordable housing covenants recorded against properties in the WR-1 zone, fifty percent (50%) of affordable units within the WR-1 zone shall be set-aside for households earning fifty percent (50%) of the AMI or less and fifty percent (50%) of affordable units shall be set aside for households earning eighty percent (80%) of the AMI or less. The first affordable unit that becomes available after the expiration of the affordability control period and each additional odd number unit shall be set aside for households earning fifty percent (50%) of the AMI or less.

In the WR-1 through WR-8 zones, each application for a building permit for a residential use shall include in tabular and map format a description of which affordable units have been provided to date and where, which affordable units have yet to be provided and where they are anticipated to be provided, and how the provisions of this section are being met.

920.12 Pursuant to Subtitle X, Chapter 9, the Board of Zoning Adjustment may hear and decide any requests for relief from Subtitle K §§ 920.5 and 920.6, subject to the application demonstrating that the purposes of Subtitle K § 920.2 would still be met.

920.13 Affordable units, in addition to the other requirements of this section, arising from penthouse affordable space pursuant to Subtitle C §§ 1507.1 and 1507.2 shall be provided in accordance with the relevant provisions of Subtitle C, Chapter 10, for residential penthouse habitable space or Subtitle C § 1507 for non-residential penthouse space, expect that such unit may be located anywhere within the area covered by any WR zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 11679 (October 9, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Errata Notice published at 69 DCR 014955 (December 9, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 920

11-K DCMR § 921 GREEN AREA RATIO (WR)

GREEN AREA RATIO (WR)

In the WR-2, WR-3, WR-4, WR-5, WR-7, WR-8, and WR-10 through WR-15 zones, the GAR requirement is four-tenths (0.4), pursuant to Subtitle C, Chapter 6.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 11679 (October 9, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 921

11-K DCMR § 922 PLANNED UNIT DEVELOPMENTS (WR)

PLANNED UNIT DEVELOPMENTS (WR)

922.1 A planned unit development (PUD) in the WR zone shall be subject to the following provisions in addition to the provisions of Subtitle X, Chapter 3 of this title:

The minimum area required for a proposed PUD shall be fifteen thousand square feet (15,000 sq. ft.);

In the WR-1, WR-5, WR-6, WR-7, and WR-8 zones, the height, number of stories, and FAR provided in the relevant zone’s development standards table shall serve as the maximum permitted for a PUD; and

In the WR-2, WR-3, and WR-4 zones, the maximum height and FAR limits for PUDs in the WR zone shall be the following:

For the WR-2 zone, the limits on height, number of stories and FAR provided in the development standards table in Subtitle K § 902 may be increased by no more than ten feet (10 ft.), one (1) story, and twenty percent (20%) FAR;

For the WR-3 zone, the limits on height, number of stories and FAR provided in the development standards table in Subtitle K § 903 may be increased by no more than ten feet (10 ft.), one (1) story, and twenty percent (20%) FAR; and

For the WR-4 zone, the limits on height, number of stories and FAR provided in the development standards table in Subtitle K § 904 may be increased by no more than ten feet (10 ft.), one (1) story, and twenty percent (20%) FAR.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 11679 (October 9, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 922

11-K DCMR § 923 SPECIAL EXCEPTION RELIEF (WR)

SPECIAL EXCEPTION RELIEF (WR)

Except for Subtitle K §§ 903.10 through 903.14 and 903.18 or as provided elsewhere in this chapter, relief from any section of this chapter may be heard and decided by the Board of Zoning Adjustment as a special exception. In addition to the general special exception criteria of Subtitle X, Chapter 9, the Board of Zoning Adjustment must find that the request for relief is consistent with the purposes of the WR zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 11679 (October 9, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 923

11-K10 NORTHERN HOWARD ROAD (NHR) ZONE

11-K DCMR § 1000 GENERAL PROVISIONS (NHR)

The Northern Howard Road (NHR) zone is intended to be applied to a defined geographic area including the portions of Squares 5860 and 5861 north of Interstate 295.

The purposes of the Northern Howard Road (NHR) zone are to:

(a) Assure development of the area with a mixture of residential and commercial uses, and a suitable height, bulk, and design of buildings, as generally indicated in the Comprehensive Plan;

(b) Encourage a variety of visitor-related uses, such as retail, service, and entertainment;

(d) Encourage superior architecture and design in all buildings and publicly accessible outdoor spaces;

(e) Require preferred ground-level retail and service uses along Howard Road, S.E.;

(f) Provide for the development of Howard Road, S.E. as a pedestrian- and bicycle-friendly street, with street-activating uses, and connections to metro and the broader neighborhood; and

(g) Encourage the inclusion of a bicycle track along Howard Road.

Where there are conflicts between this chapter and other chapters or subtitles of this title, the provisions of the NHR zone shall govern.

Development in the NHR zone shall be in accordance with the development standards of this chapter.

Penthouses and rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15, and the height and story limitations specified in this chapter.

History

SOURCE: Final Rulemaking published at 66 DCR 15997 (December 6, 2019); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1000

11-K DCMR § 1001 DEVELOPMENT STANDARDS (NHR)

1001.1 The NHR zone is intended to permit high-density mixed-use development generally in the vicinity of the Anacostia Metrorail Station along Howard Road, S.E.; encourage a variety of support and visitor-related uses, such as retail, service, and entertainment uses; provide for increased height and bulk of buildings with increased affordable housing; and provide for development of Howard Road, S.E. as an active, pedestrian-oriented street with active ground floor uses.

1001.2 The maximum permitted density in the NHR zone is 9.0 FAR, except as provided in Subtitle K § 1009.

1001.3 A building on a lot in the NHR zone shall provide a minimum residential FAR of 2.5 on the lot unless modified through the provisions of Subtitle K § 1009 below. Residential FAR consists exclusively of uses that fall within the “Residential” Use Category defined in Subtitle B § 200.2.

1001.4 The maximum permitted building height, not including the penthouse or rooftop structure, in the NHR zone shall be:

TABLE K § 1001.4: MAXIMUM PERMITTED BUILDING HEIGHT

Street Right of Way Width

Maximum Permitted Building Height, Not Including Penthouse or Rooftop Structure

Greater than or equal to 110 ft.

130 ft.

Less than 110 ft. but greater than or equal to 100 ft.

120 ft.

Less than 100 ft. but greater than or equal to 90 ft.

110 ft.

Less than 90 ft.

No taller than the width of the street right of way, plus 20 ft.

1001.5 The maximum permitted height of a penthouse of rooftop structure in the NHR zone shall be twenty feet (20 ft.); and the maximum number of stories shall be one (1), plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.

1001.6 The height and density limits of Subtitle K § 1001 shall serve as the maximum permitted under a planned unit development.

1001.7 The maximum permitted lot occupancy in the NHR zone shall be one hundred percent (100%).

1001.8 No side yard is required for the principal building; however, any side yard provided on any portion of the principal building shall be at least two inches (2 in.) per one foot (1 ft.) of height, and no less than five feet (5 ft.).

1001.9 A minimum rear yard of two and one-half inches (2.5 in.) per one foot (1 ft.) of vertical distance measured from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof or parapet wall, but not less than twelve feet (12 ft.) shall be provided, subject to the following conditions:

(a) A horizontal plane may be established at twenty feet (20 ft.) above the mean finished grade at the middle of the rear of the structure for the purpose of measuring rear yards;

(b) A rear yard is not required to be provided below a horizontal plane as described in Subtitle K § 1001.9(a) above;

(c) Where a lot abuts an alley, the rear yard may be measured from the center line of the alley to the rear wall of the building or other structure; and

(d) Where a lot does not abut an alley, the rear yard shall be measured from the rear lot line to the rear wall of the building or other structure.

1001.10 In the case of a corner lot, a court complying with the width requirements for a closed court may be provided in lieu of a required rear yard. For the purposes of this section, the required court shall be provided above a horizontal plane beginning not more than twenty feet (20 ft.) above the curb grade opposite the center of the front of the building and the width of the court shall be computed for the entire height of court.

1001.11 A court is not required in the NHR zone, but where it is provided, it shall have the following minimum dimensions:

Type of Structure

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

Residential, more than 3 units

4 in./ft. of height of court;

10 ft. minimum

4 in./ft. of height of court;

15 ft. minimum

Twice the square of the required width of court dimension;

350 sq. ft. minimum

Non-Residential and Lodging

2.5 in./ft. of height of court;

6 ft. minimum

2.5 in./ft. of height of court;

12 ft. minimum

Twice the square of the required width of court dimension;

250 sq. ft. minimum

1001.12 The minimum required Green Area Ratio for the NHR zone shall be 0.2.

History

SOURCE: Final Rulemaking published at 66 DCR 15997 (December 6, 2019); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1001

11-K DCMR § 1002 INCLUSIONARY ZONING (NHR)

1002.1 The Inclusionary Zoning (IZ) requirements, and the available IZ modifications to certain development standards, shall apply to the NHR zone as specified in Subtitle C, Chapter 10, and as modified by this chapter, which shall govern in any conflict with the provisions of Subtitle C, Chapter 10.

1002.2 No bonus density, as made available in Subtitle C § 1002, shall be available in the NHR zone.

1002.3 Residential development in the NHR zone shall set aside for IZ the following square footage:

(a) Twelve percent (12%) of the gross floor area dedicated to residential use, excluding penthouse habitable space; and

(b) The equivalent of eight percent (8%) of the gross floor area of any residential penthouse habitable space.

1002.4 Inclusionary units resulting from the set-aside required by Subtitle K § 1002.3 shall be reserved as follows:

(a) At least twenty-five percent (25%) of the set-aside required by Subtitle K § 1002.3(a) shall be reserved for households earning equal to or less than fifty percent (50%) of the Median Family Income (MFI), with the remainder reserved for households earning equal to or less than sixty percent (60%) of the MFI; and

(b) One hundred percent (100%) of the set-aside required by Subtitle K § 1002.3(b) shall be reserved for households earning equal to or less than fifty percent (50%) of the MFI.

1002.5 A minimum of twenty-five percent (25%) of the total IZ set-aside requirement shall be three- (3)-bedroom units.

1002.6 Any non-residential penthouse habitable space shall be subject to the affordable housing production requirements of Subtitle C § 1507.1.

1002.7 Any affordable housing generated in excess of that required by Subtitle K § 1002.3(a) shall be reserved for households earning equal to or less than sixty percent (60%) of the MFI.

History

SOURCE: Final Rulemaking published at 66 DCR 15997 (December 6, 2019); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1002

11-K DCMR § 1003 USE PERMISSIONS (NHR)

1003.1 The use permissions for the NHR zone are those specified for MU-Use Group F; provided that buildings, structures, and uses with frontage on a Designated Street of Subtitle K § 1004 shall provide the ground floor uses specified in Subtitle K § 1004.

History

SOURCE: Final Rulemaking published at 66 DCR 15997 (December 6, 2019). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1003

11-K DCMR § 1004 DESIGNATED STREETS (NHR)

1004.1 For the purpose of this chapter any portion of Howard Road, S.E. (both sides of the street) in the NHR zone shall be a Designated Street.

1004.2 A building, structure, or use with frontage on a Designated Street shall devote one hundred percent (100%) of its ground floor street frontage along the Designated Street, except for space devoted to building entrances or required for fire control, to the following preferred use categories:

(a) Arts, design, and creation;

(b) Daytime care;

(d) Education, public or private;

(e) Entertainment, assembly, and performing arts;

(f) Medical Care;

(g) Retail; and

(h) Service, general or financial.

1004.3 Buildings and structures with frontage on a Designated Street must comply with the following design requirements:

(a) The ground floor shall have a minimum clear height of fourteen feet (14 ft.), for a continuous depth of at least thirty-six feet (36 ft.) from the building line on the Designated Street;

(b) The ground story shall devote at least fifty percent (50%) of the surface area facing a designated street to display windows or pedestrian entrances having clear low-emissivity glass, and ensure that the view through the display windows and pedestrian entrances is not blocked for at least ten feet (10 ft.) in from the building face;

(c) Ground-floor pedestrian entrances, or areas where a future ground-floor entrance could be installed without structural changes, shall be located no more than an average distance of forty feet (40 ft.) apart on the façade facing the designated primary or secondary street segment; and

(d) No direct vehicular garage or loading entrance or exit shall be permitted to a new building or structure.

History

SOURCE: Final Rulemaking published at 66 DCR 15997 (December 6, 2019). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1004

11-K DCMR § 1005 ZONING COMMISSION REVIEW OF BUILDINGS, STRUCTURES, AND USES (NHR)

1005.1 For all properties within the NHR zone, all proposed buildings and structures, or any proposed exterior renovation to any existing buildings or structures that would result in a substantial alteration of the exterior design, shall be subject to review and approval by the Zoning Commission in accordance with the following provisions.

1005.2 In addition to proving that the proposed use, building, or structure meets the standards set forth in Subtitle X, Chapter 6, and the relevant provisions of this chapter, an applicant requesting approval under this section shall prove that the proposed building or structure, including the architectural design, site plan, landscaping, sidewalk treatment, and operation, will:

(a) Help achieve the objectives of the NHR zone defined in Subtitle K § 1000.1;

(b) Help achieve the desired use mix, with the identified preferred uses specifically being residential, office, entertainment, retail, or service uses;

(c) Provide streetscape connections for future development on adjacent lots and parcels, and be in context with an urban street grid;

(d) Minimize conflict between vehicles, bicycles, and pedestrians;

(e) Minimize unarticulated blank walls adjacent to public spaces through facade articulation;

(f) Minimize impact on the environment, as demonstrated through the provision of an evaluation of the proposal against LEED certification standards; and

(g) Promote safe and active streetscapes through building articulation, landscaping, and the provision of active ground level uses.

1005.3 Each application for review under this section shall provide a report on the following items as part of the initial submission:

Coordination by the applicant with the Department of Employment Services (DOES) regarding apprenticeship and training opportunities during construction and operation at the subject site, and the provision of any internship or training opportunities during construction and operation at the subject site, either with the applicant or with contractors working on the project independent of DOES;

Efforts by the applicant to include local businesses, especially Wards 7 and 8 businesses, in contracts for the construction or operation of the proposed project;

Efforts by the applicant to provide retail or commercial leasing opportunities to small and local businesses, especially Ward 8 businesses, and efforts to otherwise encourage local entrepreneurship and innovation; and

Coordination by the applicant with the State Archaeologist and any plans to study potential archeological resources at the subject site, and otherwise recognize local Anacostia history.

1005.4 The applicant shall also provide evidence that the information required by Subtitle K § 1005.3 has been served on any ANC on or adjacent to the NHR zone.

History

SOURCE: Final Rulemaking published at 66 DCR 15997 (December 6, 2019). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1005

11-K DCMR § 1006 RELIEF FROM DEVELOPMENT STANDARDS AND USE AND DESIGN REQUIREMENTS (NHR)

1006.1 The Zoning Commission may grant special exception relief from the development standards of § 1001 of this chapter and from the Designated Street use and design standards of § 1004 of this chapter, subject to the standards of Subtitle X, Chapter 9 and to the applicable conditions of this chapter and provided that the applicant demonstrates the special exception relief would result in a design that still complies with the purposes of this chapter.

1006.2 Requested relief that does not comply with the applicable conditions or limitations for a special exception as set out in this chapter shall be processed as a variance.

1006.3 The Zoning Commission may grant special exception relief, pursuant to Subtitle X, Chapter 9, from the rear yard requirements of this chapter, provided:

(a) No apartment window shall be located within forty feet (40 ft.) directly in front of another building;

(b) No office window shall be located within thirty feet (30 ft.) directly in front of another office window, nor eighteen feet (18 ft.) in front of a blank wall;

(c) In buildings that are not parallel to the adjacent buildings, the angle of sight lines and the distance of penetration of sight lines into habitable rooms shall be considered in determining distances between windows and appropriate yards; and

(d) Provision shall be included for service functions, including parking and loading access and adequate loading areas.

1006.4 The Zoning Commission may grant special exception relief, pursuant to Subtitle X, Chapter 9, from the driveway prohibition of Subtitle K § 1006.1(d), subject to the following criteria:

(a) The applicant shall demonstrate that there is no practical alternative means of serving the parking, loading, or drop-off needs of the building to be served by the proposed driveway, such as signage approved by DDOT that would direct vehicles to an alternative entrance point within the same square;

(b) The vehicular entrance will not impede the flow of pedestrian traffic on designated primary street frontage; and

(c) The driveway that would access the proposed parking or loading entrance or exit is not inconsistent with DDOT landscape plans for the public rights of way on the designated street frontage, to the extent that such plans exist at the time of the special exception application.

History

SOURCE: Final Rulemaking published at 66 DCR 15997 (December 6, 2019). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1006

11-K DCMR § 1007 PARKING AND LOADING REGULATIONS (NHR)

1007.1 This section provides conditions and requirements related to parking spaces and loading, including location and access.

1007.2 Vehicle parking shall be provided in accordance with the requirements of Subtitle C, Chapter 7.

1007.3 Bicycle parking shall be provided in accordance with the requirements of Subtitle C, Chapter 8.

1007.4 Loading shall be provided in accordance with the requirements of Subtitle C, Chapter 9.

History

SOURCE: Final Rulemaking published at 66 DCR 15997 (December 6, 2019). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1007

11-K DCMR § 1008 SUSTAINABILITY (NHR)

1008.1 Each building constructed or substantially improved shall earn certification at the LEED v4.1 for New Construction Gold level, provided that prior to receipt of the first certificate of occupancy for the new construction or substantial improvement, the applicant shall submit to the Department of Consumer and Regulatory Affairs a financial security that is compliant with the provisions of § 6 of the Green Building Act of 2006, as amended (D.C. Official Code § 6-1451.05).

1008.2 Each building constructed or substantially improved shall have an on-site renewable energy system installed and operating prior to receipt of the first certificate of occupancy for the new construction or substantial improvement, which renewable energy system shall generate at least one percent (1%) of the total energy estimated to be needed to operate the building as calculated in the energy model submitted with the building permit application to the Department of Consumer and Regulatory Affairs.

History

SOURCE: Final Rulemaking published at 66 DCR 15997 (December 6, 2019). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1008

11-K DCMR § 1009 COMBINED LOT (NHR)

1009.1 Two (2) or more lots in the NHR zone may be combined for the purpose of achieving the minimum residential FAR required for all of the lots, provided that the total density limits of the zone shall not be exceeded, except that the maximum floor area on any one (1) lot in the combined lot shall not exceed 10.0 FAR.

1009.2 No allocation of gross floor area shall be effective unless an instrument is filed with the Zoning Administrator and recorded by the Recorder of Deeds in the land records against all lots included in the combined lot development.

1009.3 The instrument shall be in the form of a declaration of covenants that:

(a) Is signed by the owners of all affected lots;

(b) Runs with the land in perpetuity;

(d) States the maximum permitted gross floor areas for all uses in all lots, the maximum allowed gross floor area for nonresidential uses in all lots and the gross floor area of nonresidential uses allocated. The covenant shall further state that, after the transfer, the combined lots conform with the maximum gross floor area limitations.

1009.4 The declaration of covenants shall also contain a written statement by the Director of the Office of Planning attesting to:

(a) The accuracy of the computations with respect to the amount of residential and nonresidential uses allocated; and

(b) Whether, after the transfer, the combined lots will conform with the maximum gross floor area limitations for the lots before any such transfer.

1009.5 The declaration of covenants shall expressly state that it may be amended or terminated only with the prior approval of the Zoning Administrator.

1009.6 The declaration of covenants shall be approved in content by the Zoning Administrator, who may, in his or her discretion, request the Office of Zoning Legal Division to undertake a legal sufficiency review.

History

SOURCE: Final Rulemaking published at 66 DCR 15997 (December 6, 2019); as amended by Final Rulemaking published at 69 DCR 000930 (February 4, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1009

11-K DCMR § 1010 DEVELOPMENT ON LOTS 97, 1025-1031, 1036-1037 IN SQUARE 5860 AND ON LOT 991 IN SQUARE 5861

1010.1 Any new building constructed on Lots 97, 1025-1031, or 1036-1037 in Square 5860 or on Lot 991 in Square 5861, shall comply with the following provisions, which shall govern in the event of conflict with other provisions of this chapter:

Rooftop solar panels shall be constructed on each building to generate one hundred seventy-eight kilowatt hours (178 kWh) per one thousand (1,000) gross square feet of building area;

All inclusionary units set aside at fifty percent (50%) of the Median Family Income (MFI) shall be three- (3)-bedroom units;

One-third (1/3) of all inclusionary units set aside at sixty percent (60%) of the MFI shall be three- (3)-bedroom units;

Each building shall provide a stormwater capacity to withstand a one and seven-tenths inch (1.7”) stormwater event; and

No building shall be constructed within the five hundred- (500)-year flood plain.

History

SOURCE: Final Rulemaking published at 66 DCR 15997 (December 6, 2019). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1010

11-K11 CHAPTER 11 BARRY FARM ZONES – BF-1 THROUGH BF-2

11-K DCMR § 1100 GENERAL PROVISIONS AND PURPOSE AND INTENT (BF)

1100.1 The purposes of the Barry Farm (BF) zones (BF-1 through BF-2) are to:

(a) Facilitate implementation of the Barry Farm/Park Chester/Wade Road Redevelopment Plan, which was approved as a small area plan by the Council of the District of Columbia on December 19, 2006, pursuant to the Barry Farm/Park Chester/Wade Road Redevelopment Plan Resolution of 2006 (Res 16-0922);

(b) Establish a vibrant mixed-use, mixed-income neighborhood where residents have quality housing options in a variety of configurations;

(c) Ensure the development of approximately one thousand one hundred and ten (1,110) dwelling units, including approximately three hundred and eighty (380) affordable replacement units, within mid-rise apartment buildings, and attached and semi-detached single-family dwellings and flats;

(d) Encourage the development of neighborhood retail and service uses in the ground floor of mixed-use buildings fronting on Firth Sterling Avenue, S.E.; and

(e) Create open and green spaces suitable for passive private enjoyment and active community recreation and amenities.

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1100

11-K DCMR § 1101 GENERAL DEVELOPMENT STANDARDS (BF)

1101.1 The development standards of this section and Subtitle K § 1102 apply to all BF zones except as modified for a specific zone, in which case the modified zone-specific standard shall apply. When only a portion of a development standard is modified the remaining portions of the development standards shall still apply.

1101.2 A court is not required in a BF zone, but where provided, it shall have the following minimum dimensions:

TABLE K § 1101.2: MINIMUM COURT DIMENSIONS

Type of Structure

Open Court

Minimum Width

Closed Court Minimum Width

Closed Court

Minimum Area

Detached, Semi-detached,

Row Dwellings,

and Flats

N/A

Residential, more than 3 units

2.5 inches per

foot of height of court;

10 ft. minimum

2.5 inches per

foot of height of court;

12 ft. minimum

Twice the square of the required closed court width;

250 square ft. minimum

Non-residential and Lodging

2.5 inches per

foot of height of court;

6 ft. minimum

2.5 inches per

foot of height of court;

10 ft. minimum

Twice the square of the required closed court width;

250 square ft. minimum

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1101

11-K DCMR § 1102 PENTHOUSES AND ROOFTOP STRUCTURES (BF)

1102.1 Unless otherwise modified in this section, penthouses or rooftop structures in BF zones shall be subject to the regulations of Subtitle C, Chapter 15.

1102.2 An apartment building in a BF zone other than the BF-2C zone shall be permitted to have a penthouse or rooftop structure with a maximum permitted height and stories of twelve feet (12 ft.) and one (1) story, with mechanical space limited to eighteen feet and six inches (18 ft., 6 in.) and two (2) stories.

1102.3 A detached, semi-detached, or row building with a single dwelling unit, or a flat in a BF zone other than the BF-2C zone shall be permitted to have a penthouse or rooftop structure that:

(a) Only contains either:

(i) Screening for mechanical equipment or a guard-rail required by the Construction Codes (Title 12 of the DCMR) for a roof deck; or

(ii) Stair or elevator access to the roof, and a maximum of thirty square feet (30 sq. ft.) of storage space ancillary to a rooftop deck; and

(b) Is no more than eleven feet (11 ft.) and one (1) story tall.

1102.4 Any building or structure located in the BF-2C zone shall be permitted a mechanical penthouse or rooftop structure with a maximum height of eighteen feet, six inches (18 ft. 6 in.).

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1102

11-K DCMR § 1103 VEHICLE AND BICYCLE PARKING (BF)

1103.1 Unless otherwise modified by this section, vehicle and bicycle parking requirements for BF zones shall be as specified in Subtitle C, Chapters 7 and 8.

1103.2 Required vehicle parking spaces need not be located on the same lot as the building or building(s) that generates the requirement, subject to the following conditions:

(a) The off-site location shall be located within the same block as the use for which the parking space is required;

(b) Parking spaces provided off-site shall not serve as required parking for any other use; and

(c) Each application to the Department of Consumer and Regulatory Affairs for a development that requires parking shall clearly demonstrate compliance with conditions (a) and (b) of this subsection.

1103.3 Vehicle parking spaces shall not be required:

For uses permitted under Subtitle K §§ 1113.2(a) and (b) and 1113.3, regardless of zone; and

(b) For a building containing a single principal dwelling unit or flat if the lot does not have access to an open, improved, and public alley with a right of way of ten feet (10 ft.) width minimum.

1103.4 Vehicle parking spaces shall not be subject to the requirements of Subtitle C § 707.

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1103

11-K DCMR § 1104 LOADING (BF)

1104.1 Loading shall be provided in accordance with the requirements of Subtitle C, Chapter 9.

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1104

11-K DCMR § 1105 AFFORDABLE HOUSING (BF)

1105.1 Affordable housing shall be provided in the BF zones as described in this section. The provisions of Subtitle C, Chapter 10, shall not apply to the BF zones, except that the relevant penthouse habitable space affordable housing provisions pursuant to Subtitle C § 1500.112 shall apply to the BF zones.

1105.2 The purposes of this section are to:

(a) Ensure the provision of a significant amount of affordable housing, including for very low-income households; and

(b) Ensure that the affordable housing is distributed throughout the BF zones.

1105.3 The FAR, lot occupancy, and height listed in the Development Standards for each BF zone shall serve as the maximum permitted density and building envelopes for buildings and structures, including for the provision of affordable units.

1105.4 The affordable housing requirement for the entire BF zones shall consist of no less than three hundred and eighty (380) affordable dwelling units that shall be provided as D.C. Housing Authority replacement public housing units (“Affordable Replacement Unit”), subject to the following:

(a) The Affordable Replacement Units shall be subject to and comply with the requirements of Subtitle C § 1001.6(a);

(b) Each application for a building permit for a residential use for a property in a BF zone shall include the following information in tabular and map format of how the provisions of this section are being met:

(i) The number and type of Affordable Replacement Units proposed to be constructed by the building permit application;

(ii) The number and type of Affordable Replacement Units for which a building permit has been issued, together with the location and status of completion of each unit; and

(iii) The number and type of Affordable Replacement Units that have yet to be provided, together with the planned location and the anticipated date of building permit application and construction of each remaining unit; and

(c) A copy of the information required by Subtitle K § 1105.4(b) shall be submitted to the Zoning Administrator and the Zoning Commission case record for Z.C. Case No. 20-24.

1105.5 Each application for a building permit for a residential use shall include in tabular and map format a description of which Affordable Replacement Units have been provided to date and where, which Affordable Replacement Units have yet to be provided and where they are anticipated to be provided, and how the provisions of this section are being met.

1105.6 Affordable units arising from penthouse habitable space pursuant to Subtitle C §§ 1500.11 and 1500.12 shall be provided in accordance with the relevant provisions of Subtitle C, Chapter 10 for residential penthouse habitable space or Subtitle C § 1505 for non-residential penthouse space, expect that such units may be located anywhere within the BF zones.

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1105

11-K DCMR § 1106 BF-1 ZONE

1106.1 The BF-1 zone is intended to:

(a) Permit moderate-density mixed-use development;

(b) Provide a range of neighborhood-serving retail, service, and commercial uses and multiple dwelling unit residential development.

(c) Create a vibrant mixed-use main street along Firth Sterling Avenue, S.E. that capitalizes on transportation improvements and new development at St. Elizabeth’s West Campus and provides new neighborhood-serving retail.

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1106

11-K DCMR § 1107 DEVELOPMENT STANDARDS (BF-1)

1107.1 The development standards in Subtitle K §§ 1101 and 1102 shall apply to the BF-1 zones except as specifically modified by this section. In the event of a conflict between the provisions of this section and other regulations of this subtitle, the provisions of this section shall prevail.

1107.2 Except as elsewhere in this section, the development standards for each BF-1A and BF-1B zone shall be as set forth in the following table:

TABLE K § 1107.2: BF-1 DEVELOPMENT STANDARDS

BF-1

Zone

Total

FAR

Non-Residential

FAR

Height (ft.)

Lot Occupancy

(Residential (%)

Rear Yard (ft.)

BF-1A

4.0

1.0

65 ft.

80%

15 ft.

BF-1B

6.0

1.0

65 ft.

80%

15 ft.

1107.3 Unless otherwise limited by regulations governing courts, yards, and setbacks, lot occupancy on the first two (2) stories is permitted up to one hundred percent (100%), regardless of use.

1107.4 A rear yard is required only above a horizontal plane located twenty feet (20 ft.) above the mean finished grade at the middle of the rear façade of the principal building and shall be measured as follows:

(a) Where a lot abuts a public or private street, the rear yard may be measured from the centerline of the street; or

(b) Where a lot abuts a public or private alley:

(i) The rear yard may be measured from the centerline of the alley; or

(ii) In lieu of the rear yard required by this subsection, a lot may provide a court complying with the width requirements for a closed court as specified in Subtitle K § 1101.2 located above the horizontal plane.

1107.5 A rear yard is not required to be provided below a horizontal plane as described in Subtitle K § 1107.6.

1107.6 A semi-detached building with a single dwelling unit shall have one (1) side yard, a minimum of five feet (5 ft.) in width.

1107.7 A building or structure other than a detached or semi-detached building with a single dwelling unit is not required to provide a side yard; however, if a side yard is provided, it shall be at least two inches (2 in.) wide for each one foot (1 ft.) of building height, but no less than five feet (5 ft.).

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1107

11-K DCMR § 1108 USE PERMISSIONS (BF-1)

1108.1 Unless otherwise modified in this section, use permissions for the BF-1 zones are those of the MU-Use Group E of Subtitle U, Chapter 5, including uses permitted as a matter of right, as a special exception, or as an accessory use, and uses not permitted.

1108.2 A building in the BF-1 zones that has frontage along Firth Sterling Avenue, S.E., shall devote the equivalent of not less than fifty percent (50%) of its ground floor linear footage along Firth Sterling Avenue, S.E., at a continuous depth of at least twenty feet (20 ft.) in from the property line, regardless of where such uses are located to uses in the following preferred use categories:

(a) Arts, design, and creation;

(b) Daytime Care;

(d) Retail; or

(e) Service, including both general and financial services.

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1108

11-K DCMR § 1109 PROHIBITED USES (BF-1)

1109.1 The following uses are prohibited in the BF-1 zone as either a principal or accessory use:

(a) Drive-through;

(b) Firearms retail sales establishments;

(b) Gasoline service station or repair garage;

(d) Pawn shop; and

(e) Self-storage facility.

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1109

11-K DCMR § 1110 GREEN AREA RATIO (GAR) (BF-1)

1110.1 A minimum GAR of 0.3 shall be required in the BF-1 zone.

1110.2 Exceptions from GAR shall be permitted if approved by the Zoning Commission as a special exception pursuant to Subtitle X, Chapter 9, and the conditions of Subtitle C § 605.

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1110

11-K DCMR § 1111 BF-2 ZONE

1111.1 The BF-2 zone is intended to:

(a) Permit predominantly moderate-density row and semi-detached buildings with residential and live-work dwelling units and flats; and

(b) Provide open and green space suitable for passive private enjoyment and active community recreation and amenities, as appropriate.

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1111

11-K DCMR § 1112 DEVELOPMENT STANDARDS (BF-2)

1112.1 The development standards in Subtitle K §§ 1101 and 1102 shall apply to the BF-2 zones except as specifically modified by this section. In the event of a conflict between the provisions of this section and other regulations of this subtitle, the provisions of this section shall prevail.

1112.2 The development standards for each lot in the BF-2 zone shall be as set forth in the following table:

TABLE K § 1112.2: BF-2 DEVELOPMENT STANDARDS

BF-2

Zones

Minimum Lot

Width (ft.)

Height

(ft.)

Maximum Stories

Maximum Lot Occupancy

Minimum Rear

Yard

BF-2A

BF-2B

Single Dwelling

Unit - 16;

All others - N/A

N/A

80%

4 inches per foot of building height;

15 ft. minimum

BF-2C

N/A

20%

4 in / 1 ft.

(15 ft. min)

BF-2D

N/A

The greater of 40% or the lot occupancy as of the date of adoption of this chapter

The lesser of 4

inches per foot of

building height; 15

ft. minimum

or the rear yard

as of the date of adoption of this chapter

1112.3 In the BF-2 zone, rear yards shall be measured as follows:

(a) Where a lot abuts an alley, the rear yard may be measured from the centerline of the alley to the rear wall of the building or structure; or

(b) Where a lot does not abut an alley, the rear yard shall be measured from the rear lot line to the rear wall of the building or other structure.

1112.4 A detached building with a single dwelling unit shall have two (2) side yards, each a minimum of five feet (5 ft.) in width.

1112.5 A semi-detached building with a single dwelling unit shall have one (1) side yard, a minimum of five feet (5 ft.) in width.

1112.6 A building or structure other than a detached or semi-detached building with a single dwelling unit is not required to provide a side yard; however, if a side yard is provided, it shall be no less than four feet (4 ft.).

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1112

11-K DCMR § 1113 USE PERMISSIONS (BF-2)

1113.1 Unless otherwise modified in this section, use permissions for the BF-2 zones are those of the RF zones of Subtitle U, Chapter 3, including uses permitted as a matter of right, as a special exception, or as an accessory use, and uses not permitted.

1113.2 In the BF-2A zone, in addition to the uses permitted under Subtitle K § 1113.1, the following uses shall also be permitted as a matter-of-right in buildings or structures with frontage along Sumner Road, S.E.:

(a) Arts, Design, and Creation uses, including an artist live-work studio, provided:

(i) Such uses shall be limited to the ground floor;

(ii) All operations and storage of materials shall occur inside

the building; and

(iii) Sales of art work produced by the occupants of the studio shall be permitted within the studio; and

(b) A home occupation use, subject to the conditions and requirements of Subtitle U § 251.

1113.3 In the BF-2C zone, only the following uses shall be permitted as a matter-of-right:

(a) Arts, Design, and Creation;

(b) Daytime Care;

(d) Entertainment, Assembly, and Performing Arts;

(e) Institutional, General;

(f) Park and Recreation; and

(g) Recreational Building or Use.

1113.4 In the BF-2D zone, only the uses permitted under Subtitle K § 1113.3 and residential use shall be permitted as a matter-of-right.

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1113

11-K DCMR § 1114 PERVIOUS SURFACE (BF-2)

1114.1 Each building in the BF-2 zones shall meet the minimum pervious surface requirements set forth in the following table on its own lot:

TABLE K § 1118.1: MINIMUM PERVIOUS SURFACE REQUIREMENTS

Minimum Lot Size Minimum

Minimum Pervious Surface

Less than 1,800 sq. ft.

1,801 – 2,000 sq. ft.

10%

Larger than 2,000 sq. ft.

20%

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1114

11-K DCMR § 1115 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1115

11-K DCMR § 1116 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1116

11-K DCMR § 1117 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1117

11-K DCMR § 1118 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1118

11-K DCMR § 1119 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1119

11-K DCMR § 1120 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1120

11-K DCMR § 1121 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1121

11-K DCMR § 1122 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1122

11-K DCMR § 1123 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1123

11-K DCMR § 1124 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1124

11-K DCMR § 1125 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1125

11-K DCMR § 1126 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1126

11-K DCMR § 1127 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1127

11-K DCMR § 1128 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1128

11-K DCMR § 1129 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1129

11-K DCMR § 1130 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1130

11-K DCMR § 1131 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1131

11-K DCMR § 1132 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1132

11-K DCMR § 1133 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1133

11-K DCMR § 1134 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1134

11-K DCMR § 1135 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1135

11-K DCMR § 1136 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1136

11-K DCMR § 1137 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1137

11-K DCMR § 1138 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1138

11-K DCMR § 1139 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1139

11-K DCMR § 1140 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1140

11-K DCMR § 1141 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1141

11-K DCMR § 1142 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1142

11-K DCMR § 1143 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1143

11-K DCMR § 1144 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1144

11-K DCMR § 1145 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1145

11-K DCMR § 1146 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1146

11-K DCMR § 1147 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1147

11-K DCMR § 1148 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1148

11-K DCMR § 1149 [RESERVED]

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1149

11-K DCMR § 1150 ALLEY LOT DEVELOPMENT STANDARDS (BF)

1150.1 Notwithstanding Subtitle C § 306.1, new alley record lots in the BF zones shall comply with the following requirements:

(a) Have frontage along a public alley with a minimum alley width or twenty feet (20 ft.) and have access to a street from the alley through an alley or alleys not less than twenty feet (20 ft.) in width; and

(b) Have a minimum of one thousand square feet (1,000 sq. ft.).

1150.2 Notwithstanding Subtitle B § 308.9, building height on alley lots in BF zones shall be measured from the middle of the building façade that faces the alley, which shall also serve as the building front for zoning purposes.

1150.3 An alley lot in the BF zones is subject to the general and zone-specific development standards and use permissions applicable to the alley lot’s zone.

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1150

11-K DCMR § 1151 THEORETICAL SUBDIVISIONS (BF)

1151.1 In the BF zones, multiple primary buildings on a single record lot shall be permitted as a matter of right, subject to the following conditions:

(a) The number of buildings permitted by this section shall not be limited; provided each building is located on an individual theoretical lot that serves as boundaries for assessment of compliance with the Zoning Regulations;

(b) Side and rear yards of a theoretical lot shall be consistent with the requirements of the applicable BF zone;

(c) The height of a building governed by the provisions of this section shall be measured from the finished grade at the middle of the building façade selected as the front of the building of zoning purposes; and

(d) The height measurement rule of this subsection shall supersede any other height measurement rule except the Height Act.

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1151

11-K DCMR § 1152 SPECIAL EXCEPTION RELIEF (BF)

1152.1 Relief from the requirements of Subtitle K §§ 1101, 1102, 1107, 1112, 1113.2, 1114, 1150, and 1151, or as provided elsewhere in this chapter, may be granted by the Zoning Commission as a special exception pursuant to Subtitle X, Chapter 9, and the Zoning Commission’s determination that the request for relief is consistent with the purposes of the applicable BF zone.

History

SOURCE: Final Rulemaking published at 68 DCR 014144 (December 31, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1152

11-K13 NAVY YARD EAST (NYE) ZONE

11-K DCMR § 1300 GENERAL PROVISIONS (NYE)

1300.1 The Navy Yard East (NYE) zone is intended to be applied to approximately fourteen (14)-acres of land that is currently designated for “federal use” in the Comprehensive Plan for the National Capital, and which historically has been part of the Washington Navy Yard but is to be privately used and subject to zoning. The following squares and portions of squares in the southeast quadrant of the District of Columbia are intended to be included in the NYE zone: Square 955, Lots 804, 805, 806, 807, 808, and 809.

1300.2 The purposes of the NYE zone are to:

(a) Provide for development of the site in a manner that is consistent with the development guidelines for the Washington Navy Yard Southeast Corner Master Plan (WNY SE Master Plan), as reviewed by the U.S. Department of the Navy in accordance with the National Defense Authorization Act of Fiscal Year 2019 (115 Public Law 232, 132 Stat. 1636 (Aug. 13, 2018)) and approved by the National Capital Planning Commission in consultation with the Office of Planning. The WNY SE Master Plan can be found in the record in Z.C. Case No. 23-27;

(b) Assure development of the area with a mixture of residential and commercial uses, and a suitable height, bulk, and design of buildings consistent with the objectives of the Comprehensive Plan, the Anacostia Waterfront Initiative, the Near Southeast Urban Design Framework Plan, and the Southeast Boulevard Planning Study;

(d) Provide for vibrant and active continuous publicly accessible open space along the waterfront with frequent public access points;

(e) Ensure the design and development of properties in a manner that is compatible with and appropriate for the historic context of which the NYE zone is a part and immediately adjacent to, including the National Historic Landmark (NHL) and National Register of Historic Places listed in the Navy Yard Historic District and the Navy Yard Eastern Extension Historic Eligible District;

(f) Recognize that Buildings 68 and 70, the Marine Railway and Dry Dock (Structure 308), the remaining piers (Structures 301 and 302), and the associated bulkhead are contributing elements of the Navy Yard NHL Historic District;

(g) Recognize that Building 166 is a contributing element of the National Register Eligible Navy Yard Eastern Extension Historic District;

(h) Ensure that contributing elements of historic districts are treated consistently with the reviews conducted in accordance with the National Environmental Policy Act (NEPA) and § 106 of the National Historic Preservation Act;

(i) Encourage a variety of visitor-related uses, such as retail, service, and entertainment;

(j) Provide for the development along the Anacostia River and 11th Street, S.E. as active, pedestrian-oriented frontages with active ground floor uses that preserve Anacostia River viewsheds;

(k) Ensure development preserves views to the Anacostia River which align with the streets that pass through the Navy Yard East zoned land;

(l) Ensure development of the area meets a high level of environmental performance and incorporates sustainability best practices; and

(m) Ensure the use of climate-adaptive and resilient design for new development and infrastructure projects.

1300.3 Penthouses and rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15 and the height and story limitations specified in this chapter.

1300.4 Development in the NYE zone shall be in accordance with the development standards found in this chapter.

1300.5 Where there are conflicts between this chapter and other chapters or subtitles of this title, the provisions of the NYE zone shall govern.

History

SOURCE: Final Rulemaking published at 72 DCR 006195 (May 23, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1300

11-K DCMR § 1301 DEVELOPMENT STANDARDS (NYE)

1301.1 The maximum permitted density in the NYE zone is 7.0 FAR. The Zoning Commission may, at its discretion, grant an additional 1.0 FAR, up to a maximum FAR of 8.0, if such additional 1.0 FAR is devoted solely to residential uses, which, for the purposes of this subsection, does not include hotel uses, subject to the applicant addressing to the satisfaction of the Zoning Commission the objectives and guidelines of this section and the standards of Subtitle K § 1310.3, as applicable.

1301.2 The maximum permitted building height, not including a penthouse or rooftop structure, in the NYE zone shall be the height as permitted under the Height Act, except that no additional height shall be allowed on Buildings 68, 70, and 123 and any portion of a building or structure that exceeds one hundred and ten feet (110 ft.) in height shall provide a one-to-one (1:1) step-back from the building lot line along Parsons Avenue, S.E.

1301.3 The maximum permitted height of a penthouse or rooftop structure in the NYE zone shall be twenty feet (20 ft.); and the maximum number of stories within the penthouse shall be one (1), plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.

1301.4 The height and density limits of Subtitle K § 1301 shall serve as the maximum permitted under a planned unit development.

1301.5 The maximum permitted lot occupancy in the NYE zone shall be eighty percent (80%) for residential uses.

1301.6 No side yard is required for a principal building; however, any side yard provided on any portion of the principal building shall be at least two inches (2 in.) per one foot (1 ft.) of height, and no less than five feet (5 ft.).

1301.7 A minimum rear yard of two and one-half inches (2.5 in.) per one foot (1 ft.) of vertical distance from the mean finished grade at the middle of the rear of a structure to the highest point of the main roof or parapet wall, but not less than twelve feet (12 ft.) shall be provided, subject to the following conditions:

(a) A horizontal plane may be established at twenty feet (20 ft.) above the mean finished grade at the middle of the rear of the structure for the purpose of measuring rear yards;

(b) A rear yard is not required to be provided below a horizontal plane as described in Subtitle K §1301.7(a);

(c) Where a lot abuts an alley, the rear yard may be measured from the center line of the alley to the rear wall of the building or other structure; and

(d) Where a lot does not abut an alley, the rear yard shall be measured from the rear lot line to the rear wall of the building or other structure.

1301.8 In the case of a lot fronting on one (1) or more public or private streets, a court complying with the width requirements for a closed court may be provided in lieu of a rear yard. For the purposes of this section, the required court shall be provided above a horizontal plane beginning not more than twenty feet (20 ft.) above the curb grade opposite the center of the front of the building and the width of the court shall be computed for the entire height of the court.

1301.9 A court is not required in the NYE zone, but where it is provided, it shall have the following minimum dimensions:

Type of Structure

Minimum Width Open Court

Minimum Width Closed Court

Minimum Area Closed Court

Residential, more than 3 units

4 in./ft. of height of court;

10 ft. minimum

4 in./ft. of height of court;

15 ft. minimum

Twice the square of the required width of court dimension;

350 sq. ft. minimum

Non-Residential and Lodging

2.5 in./ft. of height of court;

6 ft. minimum

2.5 in./ft. of height of court;

12 ft. minimum

Twice the square of the required width of court dimension;

250 sq. ft. minimum

1301.10 The minimum required GAR for the NYE zone shall be 0.3.

History

SOURCE: Final Rulemaking published at 72 DCR 006195 (May 23, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1301

11-K DCMR § 1302 INCLUSIONARY ZONING (NYE)

1302.1 Inclusionary zoning development standards for the NYE zone are as specified in Subtitle C, Chapter 10, except as modified in this section.

1302.2 No bonus density, as made available in Subtitle C § 1002, shall be available in the NYE zone.

1302.3 In the NYE zone, the following gross floor area shall be set aside for IZ units:

(a) Eight percent (8%) of the gross floor area dedicated to residential rental dwelling units, as defined in Subtitle B § 200.2, excluding residential for-sale use and penthouse habitable space; and

(b) The equivalent of eight percent (8%) of the gross floor area dedicated to residential rental dwelling units located in penthouse habitable space.

History

SOURCE: Final Rulemaking published at 72 DCR 006195 (May 23, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1302

11-K DCMR § 1303 VEHICLE PARKING (NYE)

1303.1 Vehicle parking in accordance with the requirements Subtitle C, Chapter 7 shall be provided, except:

(a) At least twenty percent (20%) of the total provided parking spaces, including those parking spaces in the existing parking garage and excluding any parking spaces within the NYE zone dedicated to Federal use (which shall not exceed eight hundred (800) parking spaces), shall have access to electric vehicle charging infrastructure;

(b) At least five (5%) of the total provided parking spaces, including those spaces in the existing parking garage and excluding any parking spaces within the NYE zone dedicated to Federal use (which shall not exceed eight hundred (800) parking spaces), shall have access to electric vehicle charging stations;

(c) The cumulative total of all parking spaces built within the NYE zone, including below-grade, surface, on-street, and above-grade structured parking, shall not exceed a total of one thousand five hundred fifty (1,550) parking spaces, inclusive of any spaces dedicated to Federal use within the NYE zone. Each application to the Department of Buildings shall provide an accounting for the total number of parking spaces within the NYE zone;

(d) There shall be no minimum vehicle parking requirement in the NYE zone;

(e) No building or structure in the NYE zone may provide more than double the parking requirement of Subtitle C § 701.5, as calculated without the parking reduction found in Subtitle C §702.1, including below-grade, surface, on-street, and above-grade structured parking; and

(f) Required parking spaces need not be located on the same lot as the building or buildings they are intended to serve but must be located on a lot within the NYE zone.

History

SOURCE: Final Rulemaking published at 72 DCR 006195 (May 23, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1303

11-K DCMR § 1304 BICYCLE PARKING (NYE)

1304.1 Bicycle parking in accordance with the requirements of Subtitle C, Chapter 8 shall be provided, except:

(a) Twenty percent (20%) of the required long term bicycle spaces shall have access to electrical sources for charging electrical bikes;

(b) A minimum of five percent (5%) of the required long term bicycle parking spaces shall be designed for larger sized or over-sized cargo/tandem bikes;

(c) The number of long-term bicycle parking spaces required for residential, multiple dwelling unit, use shall be one (1) for each two and one-half (2.5) dwelling units; and

(d) The bicycle parking reduction allowed in Subtitle C § 802.2 shall not apply in the NYE zone.

History

SOURCE: Final Rulemaking published at 72 DCR 006195 (May 23, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1304

11-K DCMR § 1305 LOADING (NYE)

1305.1 Loading in accordance with the requirements of Subtitle C, Chapter 9 shall be provided, except required loading berths and facilities need not be located on the same lot as the building or buildings they are intended to serve, but must be located on a lot within the NYE zone.

History

SOURCE: Final Rulemaking published at 72 DCR 006195 (May 23, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1305

11-K DCMR § 1306 WATERFRONT (NYE)

1306.1 The waterfront requirements shall apply to the NYE zone as specified in Subtitle C, Chapter 11, as modified by this chapter. Where there is a conflict between the provisions of Subtitle C, Chapter 11 and this chapter, the provision of this chapter shall govern.

1306.2 The seventy-five-foot (75 ft.) waterfront setback required under Subtitle C § 1102.1(a), shall be open to the sky or have a minimum clearance of forty feet (40 ft.), above which projections and open and unenclosed balconies, may project to a depth of no more than fifteen feet (15 ft.).

1306.3 Notwithstanding Subtitle C § 1102.1, enclosed projections of no more than fifteen feet (15 ft.) in depth for no more than fifty percent (50%) of the building façade width facing the waterfront shall be permitted to be constructed.

1306.4 Notwithstanding Subtitle C § 1102.1(e), for portion of the bulkhead linear frontage located west of the Admiral’s Barge Slipway, the public pedestrian and bicycle trail required under Subtitle C § 1102.1(e) may be reduced in width to account for existing or required security fencing owned or required by the US Federal Government, provided the remaining width of the pedestrian and bicycle trail is not less than eighteen feet (18 ft.) and provided further that any bridge or other crossing element over the Admiral’s Barge Slipway or marine railway shall not be limited by Subtitle C § 1102.1(e).

History

SOURCE: Final Rulemaking published at 72 DCR 006195 (May 23, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1306

11-K DCMR § 1307 SUSTAINABILITY (NYE)

1307.1 Each building constructed or substantially improved shall earn a minimum certification at the LEED v4.1 Gold level or a more recent comparable standard and certification level thereof.

1307.2 Each building constructed or substantially improved shall achieve: (i) at least two (2) points under the LEED v4.1 “Renewable Energy” credit in addition to the certification requirement in Subtitle K § 1307.1, or (ii) compliance with the Energy Conservation Code, whichever would require a greater level of renewable energy.

1307.3 Each building constructed or substantially improved shall be designed to withstand future climate change impacts projected for the expected lifespan of the building, including sea level rise, increased precipitation, and increased heat exposure, as per the District’s Resilient Design Guidelines.

1307.4 Each building shall, as part of the Design Review process be required pursuant to Section K § 1310, provide a sustainability and green building plan to be forwarded to the Department of Energy and Environment for review and comment which addresses issues such as building energy efficiency and renewable energy production, net-zero certification, stormwater management, climate resilience, and floodplain management.

History

SOURCE: Final Rulemaking published at 72 DCR 006195 (May 23, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1307

11-K DCMR § 1308 USE PERMISSIONS (NYE)

1308.1 The use permissions in this section include uses permitted as a matter of right, as a special exception, and uses not permitted.

1308.2 Use permissions for the NYE zone are as specified in Subtitle U, Chapter 5, Use Group F.

1308.3 Buildings, structures, and uses with frontage on the Designated Frontages of Subtitle K § 1309.1 shall provide specified ground floor uses in accordance with the requirements and provisions of Subtitle K § 1309.2.

History

SOURCE: Final Rulemaking published at 72 DCR 006195 (May 23, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1308

11-K DCMR § 1309 DESIGNATED FRONTAGE (NYE)

1309.1 For the purpose of this chapter, a “Designated Frontage” means the shoreline or bulkhead line along the Anacostia River waterfront.

1309.2 A building, structure, or use with frontage on a Designated Frontage shall devote seventy-five percent (75%) of its ground floor frontage, excluding any residential entrance, lobby, and support areas, along the Designated Frontage, except for space devoted to building entrances or required for fire control, to the following preferred use categories:

(a) Arts, design, and creation;

(b) Eating and drinking establishments;

(d) Medical care;

(e) Retail;

(f) Service, general or financial, provided a bank or financial institution shall not be located at the intersection of a street and the waterfront;

(g) Animal care, sales, and boarding provided there is no overnight boarding of dogs except for convalescence at a veterinary hospital; and

(h) Marine.

1309.3 Buildings and structures with frontage on a Designated Frontage must comply with the following design requirements:

(a) The ground floor shall have a minimum clear floor-to-ceiling height of fourteen feet (14 ft.) for a continuous depth of at least thirty-six feet (36 ft.);

(b) The ground story shall have at least fifty percent (50%) of the surface area facing a Designated Frontage, excluding any residential entrances, devoted to display windows or pedestrian entrances having clear low-emissivity glass, and ensure that the view through the display windows and pedestrian entrances is not blocked for at least ten feet (10 ft.) in from the building face. If located on a corner, wrap around the corner to a minimum depth of twenty-feet (20 ft.) on the side street;

(c) Ground-floor pedestrian entrances, or areas where a future ground-floor entrance could be installed without structural changes, shall be located no more than an average distance of forty feet (40 ft.) apart on the façade facing the Designated Frontage, and shall be level with the sidewalk or street directly in front of the entrance; and

(d) No direct vehicular garage or loading entrance or exit shall be permitted to a new building or structure along a Designated Frontage.

History

SOURCE: Final Rulemaking published at 72 DCR 006195 (May 23, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1309

11-K DCMR § 1310 ZONING COMMISSION REVIEW OF BUILDINGS, STRUCTURES, AND USES (NYE)

1310.1 The provisions of this section apply to properties within the NYE zone.

1310.2 With respect to those properties described in Subtitle K § 1310.1, all proposed uses, buildings, and structures, any proposed exterior renovation to any existing buildings or structures that would result in an alteration of the exterior design, and the waterfront park and any structures on or over the water shall be subject to review and approval by the Zoning Commission in accordance with Subtitle Z § 301 and the following provisions.

1310.3 In addition to proving that the proposed use, building, structure, waterfront park, or structures on or over the water meets the standards set forth in Subtitle X § 604 and the relevant provisions of this chapter, an applicant requesting approval under this section shall prove that the proposed building or structure, including the siting, architectural design, site plan, landscaping, sidewalk treatment, and operation, will:

(a) Help achieve the objectives of the Navy Yard East defined in Subtitle K § 1300.1;

(b) Help achieve the desired use mix, with the identified preferred uses specifically being residential, office, entertainment, retail, recreation, or service uses;

(d) Provide for safe and convenient movement to and through the site, including to the Anacostia River, and minimize conflict between vehicles, bicycles, and pedestrians;

(e) Minimize unarticulated blank walls adjacent to public spaces through façade articulation;

(f) Minimize detrimental impact on the environment: incorporate sustainability best practices, such as the provision of onsite renewable energy; achieve LEED or net-zero certification; reduce building life cycle impacts, especially embodied carbon; manage stormwater on site; incorporate future climate projection scenarios into building design; and design for the 100- and 500-year floodplains.

(g) Promote safe and active streetscapes through building articulation, landscaping, and the provision of active ground level uses; and

(h) The application shall include a view analysis that assesses openness of views and vistas, including views along and toward the waterfront and a minimum of two site sections through the building, including a minimum of one section extending from the north property line through the building to the waterfront.

1310.4 Each application for design review under this section will be referred to the Office of Planning, DC State Historic Preservation Office, Department of Transportation, Department of Energy and Environment, and other District agencies deemed appropriate for review and comment.

1310.5 The Zoning Commission may hear and decide any additional requests for special exception or variance relief needed for the subject property. Such requests shall be advertised, heard, and decided together with the application for Zoning Commission review and approval.

1310.6 At the time of filing an application with the Zoning Commission, the applicant shall pay the filing fee specified in Subtitle Z, plus such fees as apply to any additional zoning relief requested.

History

SOURCE: Final Rulemaking published at 72 DCR 006195 (May 23, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1310

11-K DCMR § 1311 RELIEF FROM REQUIRED DEVELOPMENT STANDARDS, USE PERMISSIONS, AND DESIGNATED FRONTAGE REQUIREMENTS FOR NAVY YARD EAST (NYE) ZONES

1311.1 The Zoning Commission may grant relief from certain development standards of this chapter, Subtitle K §§1301.5 through 1301.10 and from the use and design standards of this chapter, Subtitle K §§1308 through 1309, subject to the standards of Subtitle X, Chapter 9, the specific standards of this section, and provided that the applicant demonstrates the special exception relief would result in a design that still complies with the purposes of this chapter.

1311.2 Requests for relief that do not comply with the applicable conditions or limitations for a special exception as set forth in Subtitle K § 1311.1 shall be processed as a variance.

1311.3 Relief from the rear yard requirements of Subtitle K § 1301.7 may be permitted if approved by the Zoning Commission as a special exception pursuant to the conditions of Subtitle K §1311.1, Subtitle X, Chapter 9, and subject to the following conditions:

(a) No apartment window shall be located within forty feet (40 ft.) directly in front of another building;

(b) No office window shall be located within thirty feet (30 ft.) directly in front of another office window, nor eighteen feet (18 ft.) in front of a blank wall;

(c) In buildings that are not parallel to the adjacent buildings, the angle of sight lines and the distance of penetration of sight lines into habitable rooms be considered in determining distances between windows and appropriate yards; and

(d) Provision shall be included for service functions, including parking and loading access and adequate loading areas.

1311.4 Requests for relief may be advertised, heard, and decided together with the application for Zoning Commission review and approval.

History

SOURCE: Final Rulemaking published at 72 DCR 006195 (May 23, 2025). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 1311

11-K49 PUBLIC SCHOOLS

11-K DCMR § 4900 GENERAL PROVISIONS

4900.1 The provisions of this govern the height and bulk of public school buildings, public recreation and community centers, and public libraries in the RC-1 through RC-3 zones.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 4900

11-K DCMR § 4901 DEVELOPMENT STANDARDS

4901.1 The specific standards of this section shall govern public schools, public recreation and community centers, and public libraries; in the absence of specific standards, the development standards for the zone in which the building or structure is proposed shall apply.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 4901

11-K DCMR § 4902 DENSITY

4902.1 Public schools, public recreation and community centers, and public libraries shall be permitted a maximum floor area ratio as set forth in the following table:

TABLE K § 4902.1: MAXIMUM FLOOR AREA RATIO (FAR) FOR PUBLIC SCHOOLS

Zone

Maximum FAR

RC-1

2.0

RC-2, RC-3

As permitted by zone

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 4902

11-K DCMR § 4903 HEIGHT

4903.1 The maximum permitted building height, not including the penthouse or rooftop structure, shall be as set forth in the following table:

TABLE K § 4903.1: MAXIMUM HEIGHT FOR PUBLIC SCHOOLS

Zone

Maximum Height (ft.)

Maximum Number of Stories

RC-1

No limit

RC-2, RC-3

As permitted by zone

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 4903

11-K DCMR § 4904 PENTHOUSES OR ROOFTOP STRUCTURES

4904.1 Penthouses and rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15, and to the height and story limitations specified in each zone of this subtitle; provided that public schools shall be permitted a mechanical penthouse to a maximum height of eighteen feet, six inches (18 ft., 6 in.) or the permitted mechanical penthouse height in the zone, whichever is greater.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 4904

11-K DCMR § 4905 REAR YARD

4905.1 A rear yard shall be provided for each public school, the minimum depth of which shall be as set forth in the following table:

TABLE K § 4905.1: MINIMUM REAR YARD FOR PUBLIC SCHOOLS

Zone

Minimum Rear Yard

RC-1

4 in./ft. of vertical distance from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof or parapet wall, but not less than 15 ft.

RC-2, RC-3

As permitted by zone

4905.2 In the case of a lot proposed to be used by a public school that abuts or adjoins along the rear lot line a public open space, recreation area, or reservation, no rear yard shall be required.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 4905

11-K DCMR § 4906 SIDE YARD

4906.1 In the case of a lot proposed to be used by a public school that abuts or adjoins a public open space, recreation area, or reservation on a side lot line, no side yard shall be required.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 4906

11-K DCMR § 4907 LOT OCCUPANCY

4907.1 Public schools shall not occupy a lot in excess of the maximum lot occupancy as set forth in the following table:

TABLE K § 4907.1: MAXIMUM LOT OCCUPANCY FOR PUBLIC SCHOOLS

Zone

Maximum Lot Occupancy (%)

RC-1

RC-2, RC-3

No limit

4907.2 A public school may occupy the lot upon which it is located in excess of the permitted percentage of lot occupancy prescribed in this section provided the portion of the building, excluding closed court, exceeding the lot coverage shall not exceed twenty feet (20 ft.) in height or two (2) stories.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 4907

11-K DCMR § 4908 SPECIAL EXCEPTION

4908.1 Exceptions to the development standards of this chapter for public schools shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9.

History

SOURCE: Final Rulemaking published at 67 DCR 3776 (April 3, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 4908

11-U USE PERMISSIONS

11-U1 USE PERMISSIONS

11-U DCMR § 100 GENERAL USE PROVISION

GENERAL USE PROVISION

This subtitle contains use permissions for R, RF, RA, MU, ARTS, D, and PDR zones.

Each zone category may be divided into separate use groups which include specific use limitations.

Use groups identify different zones within a zone category that share the same permissions, with or without conditions. The use groups are not interchangeable between zone categories unless stated.

The use and locations of antennas in any zones shall be governed by Subtitle C, Chapter 13.

Uses permitted within a penthouse or rooftop structure shall be in accordance with Subtitle C § 1501.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 100

11-U DCMR § 101 SPECIAL EXCEPTIONS USE PROVISIONS

101.1 When special exception relief is permitted for a use not meeting the matter-of-right requirements for its use group, that special exception relief shall not be used to relieve a condition that prohibits a use or activity or places a limitation on a use or to permit a prohibited use or a use that is specifically identified as not permitted.

History

SOURCE: Final Rulemaking published at 63 DCR 10932 (August 26, 2016). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 101

11-U2 USE PERMISSIONS RESIDENTIAL HOUSE (R) ZONES

11-U DCMR § 200 GENERAL USE PROVISION (R)

This chapter contains uses permitted as a matter of right or as a special exception and, when applicable, uses that are not permitted in the R zones use groups.

200.2 Use groups for the R zones are as follows:

TABLE U § 200.2 R-USE GROUPS

R-Use Group A

R-Use Group B

R-Use Group C

R-Use Group D

R-1

R-2

R-3

R-1B/SH

200.3 In the R zones, non-residential business uses may be permitted as a home occupation subject to the conditions and regulations of a home occupation as defined in Subtitle U § 251. A home occupation is considered an accessory use.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 200

11-U DCMR § 201 MATTER-OF-RIGHT USES – R-USE GROUPS A, B, C, AND D

201.1 The following uses in this section shall be permitted as a matter of right subject to any applicable conditions:

(a) A principal dwelling unit;

Clerical and religious group residences for no more than fifteen (15) persons; and

Community solar facility, subject to the following conditions:

Roof-mounted solar array of any size; or

Ground-mounted solar array, subject to the following requirements:

Measures no greater than twenty feet (20 ft.) in height;

Has an aggregate panel face area of one-and-one half (1.5) acres or less;

Meets the yard and height development standards of the zone; and

Where the panels are sited no less than forty feet (40 ft.), including any intervening street or alley, from an adjacent property in the R, RF, or RA-1 zone.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 7259 (July 28, 2017); as amended by Final Rulemaking published at 66 DCR 2337 (February 22, 2019); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 201

11-U DCMR § 202 MATTER-OF-RIGHT USES – R-USE GROUPS A, B, AND C

The following uses shall be permitted as a matter of right in R-Use Groups A, B, and C subject to any applicable conditions:

Any use permitted as a matter of right in Subtitle U § 201;

Accessory uses, subject to Subtitle U § 250;

Agricultural – large uses, except for a private stable;

Agricultural – residential uses except for a private stable;

Car-sharing spaces on an unimproved lot, with no more than two (2) spaces permitted;

Chancery existing on September 22, 1978; provided that the following requirements shall be met:

After February 23, 1990, the continued use of the chancery shall be limited to the government that lawfully occupied the chancery on that date;

No additional or accessory structure may be constructed on the lot that is occupied by the chancery;

There shall be no expansion of the exterior walls, height, bulk, gross floor area, or any portion of any existing building or structure that is used as a chancery;

If an existing building or structure that is used as a chancery is destroyed by fire, collapse, explosion, or act of God, the building or structure may be reconstructed provided the reconstruction shall be limited to the chancery site as it existed on February 23, 1990; and

The reconstruction that is authorized by subparagraph (4) of this paragraph shall not be subject to the requirements of Subtitle C, Chapter 2;

Child development/elderly development center located in a District of Columbia public school or a public recreation center operated by the District of Columbia Government; provided, that written permission to use the premises shall have been granted by the Chancellor of the District of Columbia Public Schools or the Director of the managing government agency, respectively;

Community Residence Facility for one (1) to six (6) persons, not including resident supervisors or staff and their families.

In R-Use Group A, the facility may accommodate seven (7) to eight (8) persons, not including resident supervisors or staff and their families, provided there shall be no property containing an existing facility for eight (8) or more persons within a radius of one thousand feet (1,000 ft.) from any portion of the subject property; and

(2) In R-Use Groups B and C, the facility may accommodate seven (7) to eight (8) persons, not including resident supervisors or staff and their families, provided there shall be no property containing an existing facility for eight (8) or more persons within a radius of five hundred feet (500 ft.) from any portion of the subject property;

Emergency shelter of not more than four (4) persons, not including resident supervisors or staff and their families;

Government, local uses;

Health care facility for not more than six (6) persons not including resident supervisors or staff and their families. The facility may accommodate seven (7) to eight (8) persons, not including resident supervisors or staff and their families, provided there shall be no property containing an existing health care facility for seven (7) or more persons either in the same square, or within a radius of one thousand feet (1,000 ft.) from, any portion of the subject property;

Institutional, religious-based uses, but not including rescue mission or temporary revival tents;

Private garage, as a principal use, designed to house no more than two (2) motor vehicles and not exceeding four hundred fifty square feet (450 sq. ft.) in area and subject to the requirements of Subtitle D, Chapter 50;

Public recreation and community centers and public libraries;

Public schools, collocation of. Public schools may collocate with other permitted schools or uses provided all applicable requirements of this title are met. Public schools may share common on-site recreation space including gymnasiums, playgrounds, and field, and these shared recreation spaces may count toward the minimum lot area provided that the school is adjacent to the shared recreation space; on-site office use must be ancillary and necessary to the operation of the particular school;

(p) Temporary buildings for the construction industry that is incidental to erection of buildings or other structures permitted by this section;

(q) Temporary use of premises by fairs, circuses, or carnivals, subject to the provisions of Title 19 DCMR, Chapter 13 (Amusements, Parks, and Recreation);

(r) Mass transit facility;

(s) Reuse of former District of Columbia public school subject to the conditions of Subtitle U § 252; and

(t) Youth Residential Care Home for one (1) to six (6) persons, not including resident supervisors or staff and their families.

In R-Use Group A, the home may accommodate seven (7) to eight (8) persons, not including resident supervisors or staff and their families, provided there shall be no property containing an existing home for eight (8) or more persons within a radius of one thousand feet (1,000 ft.) from any portion of the subject property; and

In R-Use Groups B and C, the home may accommodate seven (7) to eight (8) persons, not including resident supervisors or staff and their families, provided there shall be no property containing an existing home for eight (8) or more persons within a radius of five hundred feet (500 ft.) from any portion of the subject property.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 7259 (July 28, 2017); as amended by Final Rulemaking published at 67 DCR 3776 (April 3, 2020); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 202

11-U DCMR § 203 SPECIAL EXCEPTION USES – R-USE GROUPS A, B, C, AND D

203.1 The uses in this section shall be permitted in R-Use Groups A, B, and C, if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, subject to applicable conditions of each paragraph below:

(a) Accessory apartment that does not meet the requirements of Subtitle U § 253;

(b) Chancery not meeting the conditions for a matter-of-right use, subject to disapproval by the Board of Zoning Adjustment pursuant to Subtitle X, Chapter 2;

(1) The use shall not adversely affect the use of neighboring property; and

(2) The amount and arrangement of parking shall be determined adequate;

(d) Community center building, park, playground, swimming pool, or athletic field, operated by a local community organization or association, subject to the following conditions:

(1) The use shall not be organized for profit, but shall be organized exclusively for the promotion of the social welfare of the neighborhood in which it is proposed to be located;

(2) The use shall not include retail sales to the general public but may charge a fee to members for services, which may include refreshments;

(3) The use shall not likely become objectionable in a R zone because of noise or traffic; and

(4) The use shall be reasonably necessary or convenient to the neighborhood in which it is proposed to be located;

(e) Community Residential Facility subject to the following conditions:

(1) The use shall house nine (9) to fifteen (15) persons, not including resident supervisors or staff and their families;

(2) In any of the R-2 and R-3 zones, there shall be no other lot containing a facility in the same square or within a radius of five-hundred feet (500 ft.) from any portion of the lot; and

(3) In all other R zones there shall be no other lot containing a facility in the same square or within a radius of one thousand feet (1,000 ft.) from any portion of the lot;

(f) Community solar facility not meeting the requirements of Subtitle U § 201.1(c), subject to the following:

Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that:

Maintains as many existing native trees as possible;

Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture;

Ensures all trees measure a minimum of six feet (6 ft.) in height at the time of planting; and

The Application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report.

Continuing care retirement community, subject to the provisions of this paragraph:

The use shall include one or more of the following services:

Dwelling units for independent living;

Assisted living facilities; or

A licensed skilled nursing care facility;

If the use does not include assisted living or skilled nursing facilities, the number of residents shall not exceed eight (8);

The use may include ancillary uses for the further enjoyment, service, or care of the residents;

The use and related facilities shall provide sufficient off-street parking spaces for employees, residents, and visitors;

The use, including any outdoor spaces provided, shall be located and designed so that it is not likely to become objectionable to neighboring properties because of noise, traffic, or other objectionable conditions; and

The Board of Zoning Adjustment may require special treatment in the way of design, screening of buildings, planting and parking areas, signs, or other requirements as it deems necessary to protect adjacent and nearby properties.

(h) Daytime care uses subject to the following conditions:

(1) The facility shall be located and designed to create no objectionable traffic condition and no unsafe condition for picking up and dropping off persons in attendance;

(2) Any off-site play area shall be located so as not to endanger individuals traveling between the play area and the center or facility;

(3) The Board of Zoning Adjustment may require special treatment in the way of design, screening of buildings, planting and parking areas, signs, or other requirements as it deems necessary to protect adjacent and nearby properties; and

(4) More than one (1) child/elderly development center or adult day treatment facility in a square or within one thousand feet (1,000 ft.) of another child/elderly development center or adult day treatment facility may be approved only when the Board of Zoning Adjustment finds that the cumulative effect of these facilities will not have an adverse impact on the neighborhood due to traffic, noise, operations, or other similar factors;

(i) Emergency shelter use for five (5) to fifteen (15) persons, not including resident supervisors or staff and their families, subject to the following conditions:

(1) In R-Use Group A, there shall be no other property containing an emergency shelter for seven (7) or more persons either in the same square or within a radius of one thousand feet (1,000 ft.) from any portion of the property;

(2) In R-Use Groups B and C, there shall be no other property containing an emergency shelter for seven (7) or more persons either in the same square or within a radius of five hundred feet (500 ft.) from any portion of the property;

(3) There shall be adequate, appropriately located, and screened off-street parking to provide for the needs of occupants, employees, and visitors to the facility;

(4) The proposed facility shall meet all applicable code and licensing requirements;

(5) The facility shall not have an adverse impact on the neighborhood because of traffic, noise, operations, or the number of similar facilities in the area;

(6) The Board of Zoning Adjustment may approve more than one (1) emergency shelter in a square or within one thousand feet (1,000 ft.) only when the Board of Zoning Adjustment finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations; and

(7) The Board of Zoning Adjustment may approve a facility for more than fifteen (15) persons, not including resident supervisors or staff and their families, only if the Board of Zoning Adjustment finds that the program goals and objectives of the District of Columbia cannot be achieved by a facility of a smaller size at the subject location and if there is no other reasonable alternative to meet the program needs of that area of the District;

(j) Health care facility use for nine (9) to three hundred (300) persons, not including resident supervisors or staff and their families, subject to the following conditions:

(1) In R-Use Group A, there shall be no other property containing a health care facility either in the same square or within a radius of one thousand feet (1,000 ft.) from any portion of the property;

(2) In R-Use Groups B and C, there shall be no other property containing a health care facility either in the same square or within a radius of five hundred feet (500 ft.) from any portion of the property;

(3) There shall be adequate, appropriately located, and screened off-street parking to provide for the needs of occupants, employees, and visitors to the facility;

(4) The proposed facility shall meet all applicable code and licensing requirements;

(5) The facility shall not have an adverse impact on the neighborhood because of traffic, noise, operations, or the number of similar facilities in the area; and

(6) More than one (1) health care facility in a square or within the distances of (1) and (2) above may be approved only when the Board of Zoning Adjustment finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations;

(k) Parking as a principal use, or accessory parking elsewhere than on the same lot as the principal use, subject to the following conditions:

(1) Parking garages shall not be permitted; parking spaces shall be in an open parking lot area or in an underground garage no portion of which, except for access, shall extend above the level of the adjacent finished grade;

(2) All parking shall meet the conditions of Subtitle C, Chapter 7;

(3) No commercial advertising signs shall be permitted outside a building, except a sign advertising the rates as required by Chapter 6 of Title 24 DCMR, Public Space and Safety;

(4) At least eighty percent (80%) of the parking surface shall be of pervious pavement;

(5) Accessory parking shall not be accessory to “parking as a principal use”;

(6) The applicant shall demonstrate the following:

(A) The parking spaces shall be so located, and facilities in relation to the parking lot shall be so designed, that they are not likely to become objectionable to adjoining or nearby property because of noise, traffic, or other objectionable conditions;

(B) The present character and future development of the neighborhood will not be affected adversely; and

(7) Parking as a principal use shall be subject to the following conditions:

(A) All parking shall be located in its entirety within two hundred feet (200 ft.) of an existing MU, NMU, D, or PDR zone;

(B) The lot shall be contiguous to or separated only by an alley from a MU, NMU, D, or PDR zone; and

(C) A majority of the parking spaces shall serve residential uses or short-term parking needs of retail, service, and public facility uses in the vicinity;

(8) Accessory parking shall be subject to the following condition:

(A) All parking spaces shall be located in their entirety within two hundred feet (200 ft.) of the area to which they are accessory; and

(B) All parking spaces shall be contiguous to or separated only by an alley from the use to which they are accessory;

(9) The Board of Zoning Adjustment may require that all or a portion of the parking spaces be reserved for the following:

(A) Residential parking;

(B) Unrestricted commercial parking;

(D) Shared parking for different uses by time of day; conditioned on lighting to reduce impacts on adjoining properties;

(10) In the R-1B/GT and R-3/GT zones, no commercial parking lots shall be permitted; and

(11) The application shall be referred to the District Department of Transportation for review and report;

(l) Performing arts, live theatrical use of an existing theater or performance space in an institutional, educational, or performing arts building subject to the following conditions:

(1) The use shall not be organized for profit; and

(2) The use shall not likely become objectionable because of noise, hours of events, traffic, parking or other objectionable conditions;

(m) Private schools and residences for teachers and staff of a private school, but not including a trade school, subject to the following conditions:

(1) Shall be located so that it is not likely to become objectionable to adjoining and nearby property because of noise, traffic, number of students, or otherwise objectionable conditions;

(2) Ample parking space, but not less than that required by this title, shall be provided to accommodate the students, teachers, and visitors likely to come to the site by automobile; and

(3) After hearing all evidence, the Board of Zoning Adjustment may require additional parking to that required by this title;

(n) Private stables shall be permitted as an accessory use subject to the following conditions:

(1) It shall be set back a minimum of fifty feet (50 ft.) from all lot lines and located so as not to affect adversely the light and air of the building to which it is accessory or of adjacent land and buildings;

(2) It shall be located and designed to create no condition objectionable to adjacent properties resulting from animal noise, odor, and/or waste; and

(3) The applicant shall demonstrate that any external yard will be fenced for the safe confinement of the animals;

(o) Use of existing residential buildings and the land on which they are located by a nonprofit organization for the purposes of the nonprofit organization:

(1) If the building is listed in the District of Columbia's Inventory of Historic Sites or, if the building is located within a district, site, area, or place listed on the District of Columbia's Inventory of Historic Sites;

(2) If the gross floor area of the building in question, not including other buildings on the lot, is ten thousand square feet (10,000 sq. ft.) or greater;

(3) The use of existing residential buildings and land by a nonprofit organization shall not adversely affect the use of the neighboring properties;

(4) The amount and arrangement of parking spaces shall be adequate and located to minimize traffic impact on the adjacent neighborhood;

(5) No goods, chattel, wares, or merchandise shall be commercially created, exchanged, or sold in the residential buildings or on the land by a nonprofit organization, except for the sale of publications, materials, or other items related to the purposes of the nonprofit organization; and

(6) Any additions to the building or any major modifications to the exterior of the building or to the site shall require approval of the Board of Zoning Adjustment after review and recommendation by the Historic Preservation Review Board with comments about any possible detrimental consequences that the proposed addition or modification may have on the architectural or historical significance of the building or site or district in which the building is located;

(p) Uses and programs conducted by a religious congregation or group of congregations, subject to the following conditions:

(1) The program shall not be organized for profit, but shall be organized exclusively for the promotion of the social welfare of the community;

(2) The part of the program conducted on the property shall be carried on within the existing place of worship building(s) or structure(s);

(3) The staff conducting the program shall be composed of persons, at least seventy-five percent (75%) of whom volunteer their time and services;

(4) The operation of the program shall be such that it is not likely to become objectionable in the R zones because of noise, traffic, parking, or other objectionable conditions;

(5) No signs or display indicating the location of the program shall be located on the outside of the building or the grounds; and

(6) Any authorization by the Board of Zoning Adjustment shall be limited to a period of three (3) years, but may be renewed at the discretion of the Board of Zoning Adjustment;

(q) Utility uses subject to the following conditions:

(1) An electronic equipment facility shall not be permitted;

(2) Any requirements for setbacks, screening, or other safeguards that the Board of Zoning Adjustment deems necessary for the protection of the neighborhood; and

(3) Any new construction of a freestanding structure for use as an optical transmission node shall be built to appear compatible with surrounding construction, including exterior building material, fenestration, and landscaping and there shall be no advertisement on the structure; and

(r) Youth Rehabilitation Home, Adult Rehabilitation Home subject to the following conditions:

The use shall house no more than eight (8) persons, not including resident supervisors or staff and their families;

In the R-2, R-3, R-10, R-13, and R-17 zones there shall be no other lot containing a youth rehabilitation home or adult rehabilitation home use in the same square or within a radius of five-hundred feet (500 ft.) from any portion of the lot; and

In all other R-Use Groups A, B, and C there shall be no other lot containing a youth rehabilitation home or adult rehabilitation home use in the same square or within a radius of one thousand feet (1,000 ft.) from any portion of the lot; and

The Board of Zoning Adjustment may approve more than one youth rehabilitation home or adult rehabilitation home within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations;

(s) Youth Residential Care Home nine (9) to fifteen (15) persons, not including resident supervisors or staff and their families:

In R-Use Group A, the Board of Zoning Adjustment may approve more than one facility within one thousand feet (1,000 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations; and

In R-Use Group B and C, the Board of Zoning Adjustment may approve more than one facility within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations; and

(t) Any use within a District of Columbia former public school building that does not comply with the matter of right conditions of Subtitle U § 252 subject to the special exception conditions of Subtitle U § 252.

203.2 In R-Use Group C, a corner store use not permitted as a matter-of-right pursuant to Subtitle U § 254, shall be permitted as a special exception subject to the conditions of Subtitle U § 254;

203.3 College or university use that is an academic institution of higher learning, including a college or university hospital, dormitory, fraternity, or sorority house proposed to be located on the campus of a college or university shall be permitted as a special exception if approved by the Zoning Commission subject to the conditions of Subtitle X, Chapter 1and Subtitle Z.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 7254 (July 28, 2017); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 203

11-U DCMR § 204 MATTER-OF-RIGHT USES – R-USE GROUP D

204.1 The following uses shall be permitted in the R-Use Group D zone:

(a) Any use permitted as a matter of right in Subtitle U § 201; and

(b) An existing non-residential use with a valid certificate of occupancy shall be considered a conforming use and may expand by not more than ten percent (10%) of its gross floor area as a matter of right under the provisions of the R-1B/SH zone; provided, that the following requirements are met:

(1) No additional land area or subdivision of lots is involved in the expansion; and

(2) The ten percent (10%) expansion limit shall be a total limit on expansion based on the gross floor area of the building as of July 29, 1994.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 204

11-U DCMR § 205 SPECIAL EXCEPTION USES – R-USE GROUP D

205.1 The uses in this section shall be permitted in the R-Use Group D zone if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, and subject to the provisions of this section:

(a) Any non-residential use permitted as a matter of right in Subtitle U § 202;

(b) A proposed expansion of an existing non-residential use in excess of ten percent (10%) of gross floor area, subject to the conditions of Subtitle U § 205.2; and

205.2 The following conditions shall apply to any application for use as a special exception under this section:

(a) The non-residential use is capable of being established and operated without adversely affecting the use and enjoyment of neighboring and nearby properties due to traffic, noise, design, or other objectionable conditions; and

(b) There shall be adequate, appropriately located, and screened off-street parking sufficient to provide for the needs of the maximum number of occupants, employees, congregants, and visitors who can use the facility at one (1) time; provided:

(1) The number of parking spaces provided shall be not less than the number required by Subtitle C, Chapter 7 of this title and shall be located and designed so that they have the least objectionable effects on contiguous or nearby property because of noise, traffic, or other objectionable condition;

(2) Parking spaces and driveways providing access to them shall not be located in a required side setback, or on the lot between the principal building and a street right-of-way, nor in public space abutting the lot;

(3) If five (5) or more open parking spaces are provided, the parking spaces shall be screened from all contiguous residential property by a wood fence or a wall made of brick or stone at least twelve inches (12 in.) thick and sixty inches (60 in.) high, or by evergreen hedges or evergreen growing trees that are thickly planted and maintained and are at least sixty inches (60 in.) in height when planted; and

(4) Any lighting used to illuminate open parking spaces shall be so arranged that all direct rays of lighting are confined to the surface of the paved area devoted to parking; any lighting provided shall be the minimum necessary for reasonable visibility by drivers and for security purposes.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 205

11-U DCMR § 250 ACCESSORY USES (R)

The following accessory uses shall be permitted as a matter of right in all R use groups subject to the associated conditions:

An accessory apartment subject to the conditions of Subtitle U § 253;

Two (2) boarders within the principal dwelling;

No more than two (2) car-sharing spaces, neither of which may be a space devoted to required parking;

Child development home or elderly day care home subject to the following conditions:

The use shall be located in the principal residence of the caregiver;

There shall be no more than one (1) sign or display, which shall not exceed one hundred forty-four square inches (144 sq. in.) in area;

No stock in trade is kept nor any commodity sold upon the premises;

No more than one (1) person who does not reside on the premises may be employed; and

No mechanical equipment shall be used except such as is permissible for purely domestic or household purposes;

(e) Home Occupation subject to the conditions of Subtitle U § 251;

(f) Short-Term Rental as an accessory use to a principal residential use; and

(g) Other accessory uses, buildings or structures customarily incidental to the uses permitted in R zones under the provisions of this section shall be permitted; including one (1) sale in the nature of a yard sale, garage sale, or home sales party may be held at a dwelling unit during a twelve (12) month period.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 7259 (July 28, 2017); as amended by Final Rulemaking published at 67 DCR 1543 (February 14, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 250

11-U DCMR § 251 HOME OCCUPATION USES (R)

The following uses shall be permitted as home occupations. The uses listed under this subsection shall include similar uses in each category subject to the same conditions and requirements of this chapter:

Business support and technology services;

The following daytime care uses:

Child development home, provided no more than two (2) persons who are not a resident of the dwelling unit shall be engaged or employed in the child development home;

Expanded child development home for between seven (7) and nine (9) individuals fifteen (15) years of age or less; provided:

No more than three (3) persons who are not a resident of the dwelling unit shall be engaged or employed;

A minimum of thirty-five square feet (35 sq. ft.) of floor area per individual is provided including the basement but excluding any accessory structure shall be utilized for the expanded child development home; and

No more than three hundred and twenty square feet (320 sq. ft.) of the floor area of the dwelling including the basement but excluding any accessory structure shall be utilized for the expanded child development home;

(3) Expanded child development home for ten (10) to twelve (12) individuals fifteen (15) years of age less may be permitted as a special exception by the Board of Zoning Adjustment under Subtitle X and subject to the provisions of Subtitle U § 251.6; provided a minimum of thirty-five square feet (35 sq. ft.) of floor area per individual is provided including the basement but excluding any accessory structure;

Cosmetologist, hair stylist, or barber;

Cottage food business;

Dressmaking, sewing, and tailoring;

Home crafts, graphic arts, photography, and other fine arts occupations practiced by an individual in a home studio; provided, that no more than sixty percent (60%) of the floor area of the dwelling unit may be devoted to the studio;

Home office of a businessperson, non-profit organization, sales person, or manufacturer's representative; provided, that the dwelling is not used as a gathering point for workers who are on the way to another work site;

Home office of a physician, dentist, or other health care or licensed medical professional; provided, there is no other medical or dental practice on the site;

Home office of a scientist, clergyman, inventor, academician, licensed health care professional other than one provided for in paragraph (h) of this subsection, or other professional person;

Lodging subject to the following conditions:

The dwelling shall be owned and occupied as the principal residence of the operator(s);

The use shall not be permitted in a multiple dwelling building;

Breakfast shall be the only meal served, and served only to overnight guests;

The maximum number of sleeping rooms shall be two (2), except:

Pursuant to Subtitle U § 251.6(b), the maximum number of sleeping rooms may be increased to four (4); or, in a dwelling that is an historic landmark, or that is located in a historic district and certified by the Historic Preservation Office as contributing to the character of that historic district, the number of sleeping rooms may be increased to six (6); and

The number of sleeping rooms permitted as a matter of right or as a special exception as set forth in this paragraph shall be reduced by one (1) for each person who rooms or boards in the dwelling for thirty (30) days or longer;

No cooking facilities shall be permitted in any of the rented rooms; and

In addition to the required parking for the dwelling unit, one (1) parking space shall be provided for each two (2) sleeping rooms devoted to guest use;

A practitioner may perform and be paid for a service, even if the service results in the creation of a product;

Sales, subject to the following conditions:

Items sold are directly associated with the home occupation;

Five (5) sales in the nature of yard sales, garage sales, or home sales parties may be held at a dwelling as a matter of right during a twelve-month (12-month) period; one (1) additional sale for a total of six (6) may be permitted if approved by the Board of Zoning Adjustment pursuant to Subtitle U § 251.6; and

General retail sales or sales to customers without appointments shall not be permitted;

Tutoring and instruction of not more than five (5) students at any one (1) time, including academic tutoring, dance, languages, culinary arts, and musical instrument and similar activities; and

A home occupation may be permitted in an accessory apartment subject to the following limitations:

There shall be no more than six (6) visitors or clients per day;

There shall be no related sales; and

There shall be no lodging or overnight stays as part of the home occupation.

A Home Occupation Permit (HOP) shall be required prior to the practice of a home occupation and subject to the following requirements:

A HOP shall be obtained by the practitioner;

A HOP shall be granted only to a designated person or group of persons who reside at a residential address;

A HOP may not be transferred from one (1) person to another or from one (1) address to another;

A HOP shall require evidence of the property owner’s concurrence for any HOP that involves employees, clients, customers or other non-residents to attend the property;

A HOP shall be issued without a public hearing if the requirements of this subsection are met, or after a public hearing by the Board of Zoning Adjustment pursuant to Subtitle U § 251.6 and Subtitle X;

If the Zoning Administrator determines that an application for a HOP appears to meet the conditions of this chapter, but is inconsistent with the general purpose and intent of this section, the Zoning Administrator may certify the application to be decided as an appeal by the applicant to the Board of Zoning Adjustment; and

In making the determination to refer the HOP to the Board of Zoning Adjustment, the Zoning Administrator may consider, but not be limited to, the cumulative impact of one (1) or more home occupations.

A home occupation shall comply with the following conditions and requirements:

A home occupation shall be clearly secondary to the use of a dwelling unit for residential purposes;

Except for lodging, and as provided in Subtitle U §§ 251.1(b) and 251.1(f), no more than the larger of two hundred fifty square feet (250 sq. ft.) or twenty-five percent (25%) of the floor area of the dwelling, excluding basement or any accessory structure, shall be utilized for the home occupation;

All materials or finished products shall be stored within the floor area utilized for the home occupation or in a basement or accessory structure;

Except as provided in Subtitle U § 251.1(b), in no case shall more than two (2) persons who are not residents of the subject dwelling unit be permitted as employees of the home occupation except for the home office of a physician or dentist;

No interior structural alteration shall be permitted if it would make it difficult to return the premises to a use that is exclusively residential;

No operations related to the home occupation shall be conducted outside a structure, nor shall any storage or other unsightly condition be permitted outside a structure;

No equipment or process shall be utilized that creates visual or audible electrical interference in television or radio receivers outside the subject home, or that causes fluctuations in line voltage outside the subject home;

The use shall produce no noxious odors, vibrations, glare, or fumes that are detectable to normal sensory perception outside the subject home;

The use shall not produce a level of noise that exceeds the level normally associated with the category of dwelling or the immediate neighborhood;

No more than two (2) vehicles may be used in the practice of the home occupation;

Except for child development homes and expanded child development homes, vehicular trips to the premises by visitors, customers, and delivery persons shall not exceed eight (8) trips daily on a regular and continuing basis;

Except for child development homes and expanded child development homes, the practitioner shall have no more than eight (8) clients or customers on the premises in any one (1) hour period;

If more than one (1) home occupation is practiced in a dwelling unit, the cumulative impact of all such home occupations shall not exceed any of the standards set forth in this chapter; and

The dwelling unit owner and the practitioner shall maintain the residential character and appearance of the dwelling unit and lot.

A sign on a dwelling or building in which a home occupation is practiced shall be permitted, subject to the following conditions:

No more than one (1) exterior sign may be displayed on a dwelling or other building in which a home occupation is practiced, regardless of the number of home occupations permitted in the dwelling or building;

The sign shall not exceed one hundred forty-four square inches (144 sq. in.) in area;

The sign shall be flush-mounted;

The sign shall not be illuminated; and

The sign may state only the name of the practitioner and the type of home occupation.

Except as explicitly permitted by Subtitle U § 251.1, the following uses categories are prohibited as home occupations:

Animal sales, care, and boarding;

Entertainment, assembly, and performing arts;

Firearms sales;

Motor vehicle sales, service, or repair;

Production, distribution, and repair;

Retail sales;

Sexually-based business establishment; and

Waste-related services.

A home occupation that is neither permitted nor prohibited in this chapter may be permitted as a special exception by the Board of Zoning Adjustment under Subtitle X, subject to the following conditions:

The proposed use and related conditions shall be consistent with the purposes of this chapter and shall generally comply with the requirements of Subtitle U §§ 251.1 through 251.4, subject to specific findings and conditions of the Board of Zoning Adjustment in each case;

An applicant for a home occupation that is permitted by Subtitle U § 251.1 may request the Board of Zoning Adjustment to modify no more than two (2) of the conditions enumerated in Subtitle U §§ 251.3 and 251.4;

In no case shall more than two (2) persons who are not residents of the subject home be permitted as employees of the home occupation, and those persons shall not be co-practitioners of the profession;

Any request to modify more than two (2) of the requirements found in Subtitle U §§ 251.3 and 251.4 shall be deemed a request for a variance; and

In considering any request for approval under this section, the Board of Zoning Adjustment shall determine that the request is consistent with the general purposes and intent of this chapter and may impose conditions relating to operating conditions of the home occupation, parking, screening, or other requirements as it deems necessary to protect adjacent and nearby properties consistent with the general purpose and intent of this chapter.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 65 DCR 11927 (October 26, 2018). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 251

11-U DCMR § 252 REUSE OF FORMER PUBLIC SCHOOLS (R)

The provisions of this section shall apply to uses within a building owned by the District of Columbia that formerly served as the location of a public school (former school building) in an R zone.

In the R-1B/SH zones, the non-residential uses in a former school building shall be limited to ten percent (10%) of the gross floor area of the school as a matter of right.

The following uses shall be permitted as a matter of right within a former school building subject to the following conditions:

Administrative offices of District of Columbia government agencies not part of the criminal justice system, provided:

The use shall not extend outside the building unless accessory and incidental to the principal administrative use; and

Any storage shall be fully enclosed;

Arts uses as follows:

Art center;

Art incubator; or

Art or performing arts school, including, but not limited to, schools of dance, photography, filmmaking, music, writing, painting, sculpting, or printmaking;

Daytime care uses;

Community college uses, subject to the following conditions:

The use shall not occupy more than fifty thousand square feet (50,000 sq. ft.) of building area;

There shall be no external activities after 9:00 p.m.; and

There shall be no use of the college space after 12:00 a.m.;

Community service use or uses provided:

The application for a certificate of occupancy include evidence demonstrating that the established mission of the use will serve the community, neighborhood, or District of Columbia population;

The use shall not be a community-based institutional facility, part of the criminal justice system, or a substance abuse treatment facility; and

There is no outdoor storage of materials;

Health care uses that meet the definition of a clinic provided the use shall not be a substance abuse treatment facility; and

Residential uses subject to the maximum number of dwelling units of the R zone in which the former school building is located.

The following uses shall be permitted as a temporary use as a matter of right within a former school building subject to the following conditions:

Temporary building for the construction industry that is incidental to erection of buildings or other structures permitted by this section for a period no longer than one (1) year; and

Temporary use of premises by fairs, circuses, or carnivals, upon compliance with the provisions of Title 19 DCMR, Chapter 13 (Amusements, Parks, and Recreation).

The following uses shall be permitted within a former school building if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9:

A use permitted by Subtitle U § 252.3 that does not meet one (1) or more of the applicable conditions or provisions;

A government use or not-for-profit use not otherwise permitted by this section; and

In the R-1B/SH zone, any non-residential use in excess of ten percent (10%).

Any expansion of a former school building housing a use permitted by this section shall be permitted as a special exception within a former school building if approved by the Board of Zoning Adjustment under Subtitle X.

In addition to any other conditions of approval, the Board of Zoning Adjustment may impose setbacks, screening, lighting requirements, or other safeguards that the Board of Zoning Adjustment deems necessary for the protection of the neighborhood.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 7259 (July 28, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 252

11-U DCMR § 253 ACCESSORY APARTMENT (R)

One (1) accessory apartment may be established in an R zone, subject to the provisions of this section.

An accessory apartment shall be permitted in a principal dwelling or an accessory building as a matter of right in the R zones, except the R-1B/GT or R 3/GT zone, subject to the provisions of this section.

An accessory apartment proposed in an accessory building not meeting the conditions of Subtitle U § 253.8 shall be permitted as a special exception if approved by the Board of Zoning Adjustment, subject to the provisions of this section.

In the R-1B/GT or R-3/GT zone, an accessory apartment shall be permitted as a special exception in either a principal dwelling or an accessory building if approved by the Board of Zoning Adjustment, subject to the provisions of this section.

Either the principal dwelling or accessory apartment unit shall be owner-occupied for the duration of the accessory apartment use.

The total number of persons that may occupy the accessory apartment shall not exceed three (3), except in the R-1B/GT or R-3/GT zone where the aggregate number of persons that may occupy the house, including the principal dwelling and the accessory apartment combined, shall not exceed six (6).

An accessory apartment located in the principal dwelling shall be subject to the following conditions:

The house shall have a minimum of gross floor area, exclusive of garage space in the following zones:

TABLE U § 253.7(a): MINIMUM GROSS FLOOR AREA

Zones

Minimum GFA

R-1

2,000 sq. ft.

R-2

1,200 sq. ft.

The accessory apartment unit may not occupy more than thirty-five percent (35%) of the gross floor area of the house;

Except as provided in Subtitle U § 253.7(d), if an additional entrance is created to a house it shall not be located on a wall of the house that faces a street; and

An additional entrance to a house in any of the R-3 zones may be located on a wall of the house that faces a street provided it is below the main level of the house and if in a historic district, a determination is made by the appropriate body that the additional door is compatible with the character of the historic district.

An accessory apartment in an accessory building in an R zone, except the R-1B/GT or R-3/GT zone, shall be permitted as a matter of right subject to the following conditions:

There shall be permanent access to the accessory building apartment;

The dwelling use of the accessory building shall be coterminous with the permanent access;

The permanent access shall be provided by one (1) of the following:

A permanent passage, open to the sky, no narrower than eight feet (8 ft.) in width, and extending from the accessory building to a public street through a side setback or shared recorded easement between properties;

Through an improved public alley with a minimum width of twenty-four feet (24 ft.) that connects to a public street; or

The accessory building is within three hundred feet (300 ft.) of a public street accessible through an improved public alley with a minimum width of fifteen feet (15 ft.);

An accessory building that houses an apartment shall not be used simultaneously for any accessory use other than as a private vehicle garage, an artist studio, or storage for a dwelling unit on the lot;

An accessory building that houses an apartment shall not have a roof deck; and

An accessory apartment proposed within an accessory building that does not meet the conditions of this section shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, and subject the following conditions:

The accessory building shall be located such that it is not likely to become objectionable to neighboring properties because of noise, traffic, parking, or other objectionable conditions; and

Evidence that there are adequate public utilities for the health and safety of the residents.

An accessory apartment proposed in the R-1B/GT or R-3/GT zone shall be subject to the restrictions of Subtitle U §§ 253.5 through 253.8 and the following conditions:

It shall only be permitted on the second story of a detached accessory building; and

Any balcony or projecting window shall not face a principal building in single household residential use; and provided the balcony is located entirely within the permitted footprint of the accessory building.

Not more than two (2) of the requirements specified in this section may be modified or waived by the Board of Zoning Adjustment subject to the following limitations:

The owner-occupancy requirement of Subtitle U § 253.5 shall not be waived in any R zones;

Subtitle U § 253.6 shall not be modified or waived in the R-1B/GT or R 3/GT zone; and

Any modification(s) approved shall not conflict with the intent of this section to maintain a single household residential appearance and character in the R zones.

In addition to Subtitle U § 253.10, the Board of Zoning Adjustment may approve as a special exception the inclusion of a balcony or projecting windows for the accessory apartment.

Any request to modify more than two (2) of the requirements of this subsection shall be deemed a request for a variance.

Prior to renting an accessory apartment in any zone, the property owner shall obtain a Residential Rental Business License from the Department of Consumer and Regulatory Affairs and the property shall be inspected for relevant housing code compliance.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 253

11-U DCMR § 254 CORNER STORES (R)

A corner store shall only be permitted in any of the R-3 or RF-1 zones subject to the provisions of this section.

A corner store use shall be a retail, general service, arts design and creation, or eating and drinking establishment use subject to the provisions of this section.

[RESERVED]

The allowable total area for a corner store shall be one thousand-two hundred square feet (1,200 sq. ft.), not including cellar space, and shall be limited to the ground story and cellar or basement.

A corner store shall only be located as follows:

On a lot that is at the intersection of two (2) generally perpendicular streets;

Not within five hundred feet (500 ft.) of more than one (1) other lot with a corner store use defined as an eating and drinking establishment;

Not within five hundred feet (500 ft.) of more than three (3) other lots with a corner store use defined as retail, general service, or arts, design, and creation uses;

(d) In any of the R-3 zones other than the R-3/GT zone, on an interior or through lot with a building that was built prior to May 12, 1958 for the purpose of a nonresidential use, as established by a certificate of occupancy, permit records or other historical documents accepted by the Zoning Administrator;

(e) In any of the R-3 zones other than the R-3/GT zone, no nearer than five hundred feet (500 ft.) to a property line of a lot in an MU or NMU zone;

(f) In the R-3/GT zone, on an interior or through lot with a building that was built prior to May 12, 1958, for the purpose of a nonresidential use, and only if the building was used for a corner store use within the previous three (3) years established by a certificate of occupancy, permit records, or other historical documents accepted by the Zoning Administrator; and

(g) In the R-3/GT zone, no nearer than seven hundred and fifty feet (750 ft.) to a property line of a lot in an MU or NMU zone.

A corner store shall not be permitted:

On an alley lot;

On a lot or within a building containing more than one (1) dwelling unit or another corner store;

Within a building that is accessory to the principal building on the lot;

On an R zoned lot within Squares 1327 or 1350, 1351, 1352, or 1353 inclusive; or

In the R-3/GT zone, on an interior or through lot that has not been used for corner store uses for three (3) or more consecutive years shall not be deemed eligible for a corner store use.

There shall be no on-site cooking of food or installation of grease traps; however, food assembly and reheating is permitted in a corner store.

There shall be no sale of alcoholic beverages for on-site consumption in a corner store.

All storage of materials and trash shall occur within the building area devoted to the corner store. There shall be no external storage of materials or trash.

There shall be no on-site use or storage of dry cleaning chemicals in a corner store.

Only one (1) external sign may be displayed on the building’s façade, provided that the sign is not illuminated and is flush-mounted.

A corner store for which the use is a fresh food market or grocery store devoted primarily to the retail sale of food shall be permitted as a matter of right subject to the following conditions:

The use shall meet the requirements of Subtitle U §§ 254.5 through 254.12;

The use shall not operate between 9:00 p.m. and 7:00 a.m.;

A minimum of forty percent (40%) of customer-accessible sales and display area shall be dedicated to the sale of a general line of food products intended for home preparation and consumption;

A minimum of twenty percent (20%) of retail space shall be dedicated to the sale of perishable goods that include dairy, fresh produce, fresh meats, poultry, fish and frozen foods; and

A maximum of fifteen percent (15%) of the gross floor area of the corner store located on the ground floor of the building may be devoted to the sale of alcohol for off-site consumption only when approved as a special exception.

A corner store use that is not permitted as a matter of right pursuant to Subtitle U § 254.13, shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9, subject to the following conditions:

A corner store use shall be located so that it is not likely to become objectionable to neighboring property because of noise, traffic, deliveries, or other objectionable conditions;

The applicant shall demonstrate that the proposed corner store use will not detract from the overall residential character of the area and will enhance the pedestrian experience by providing within the application the following information:

A demonstration of conformity to the provisions of Subtitle U §§ 254.5 through 254.12;

A description of proposed uses, activities, goods sold, or services rendered, including:

Proposed size and location within the principal building;

Proposed number of employees at any one (1) time and in total;

Proposed hours of operation;

Proposed signage;

Any proposed amplified music or other sound outside of the building containing the corner store use;

Any outdoor seating associated with the corner store use;

Proposed parking number, location, and screening such that any parking shall be fully screened from all adjacent properties, streets and alleys;

Proposed location of all storage; and

Proposed location of trash storage and method and timing for removal;

Any alterations to the property proposed to accommodate the corner store use, including any grading changes, tree removal; or addition of retaining walls, patios, or pervious surfaces;

Any modifications to the building façade, including changes to window and door openings; and

The maximum sales area devoted to the sale of alcohol for off-site consumption shall be limited to a maximum of fifteen percent (15%) of the gross floor area of the ground floor of the corner store.

The Board of Zoning Adjustment may waive the location restrictions of Subtitle U §§ 254.6(b) and (c) provided the applicant adequately demonstrates that the proposed corner store use will:

Be neighborhood serving;

Not negatively impact the economic viability or vitality of an area zoned MU or NMU that is closer than seven hundred and fifty feet (750 ft.) to an R-3/GT zone or five hundred feet (500 ft.) to any other R zone;

Not create a concentration of non-residential uses that would detract from the overall residential character of the area; and

Not result in undue impacts uses on residents of the area through the concentration of such.

Except as provided in Subtitle U §§ 254.13 and 254.14, an application not meeting the requirements of this section shall be deemed a variance, subject to the provisions of Subtitle X, Chapter 10.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 254

11-U3 USE PERMISSIONS RESIDENTIAL FLATS (RF) ZONES

11-U DCMR § 300 GENERAL USE PROVISION (RF)

GENERAL USE PROVISION (RF)

This chapter contains use permissions and any applicable conditions in the RF zones.

In the RF zones, nonresidential business uses may be permitted as a home occupation use subject to the conditions and regulations of a home occupation as defined in Subtitle U § 251. A home occupation is considered an accessory use.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 300

11-U DCMR § 301 MATTER-OF-RIGHT USES (RF)

The following uses shall be permitted as a matter of right in an RF zone subject to any applicable conditions:

Any use permitted in the R zones under Subtitle U §§ 201 and 202, except that an accessory apartment shall not be permitted in any RF Zone; instead, principal dwelling units are permitted pursuant to Subtitle E, Chapter 2, and Subtitle U Chapter 3;

Residential uses with a maximum number of principal dwelling units per lot as follows:

TABLE U § 301.1(b): MAXIMUM NUMBER OF PRINCIPAL DWELLING UNITS

Zones

Number of Principal Dwelling Units

RF-1

RF-4

RF-5

(1) There shall be permanent access to the accessory building dwelling from a dedicated and improved right of way; and

(2) Permanent access shall be provided by one (1) of the following:

(A) An easement for a permanent passage, open to the sky, no narrower than eight feet (8 ft.) in width, and extending from the accessory building to a public street through a side setback recorded in the land records of the District of Columbia; or

(B) Through an improved public alley or alleys with an alley width of not less than fifteen feet (15 ft.) at any point between the lot and a public street;

(3) An accessory building that houses a principal dwelling unit shall not have a roof deck;

(4) An accessory building that houses a principal dwelling unit shall not be used simultaneously for any accessory use other than as a private vehicle garage for a dwelling unit on the lot, storage, or as an artist studio; and

(5) Any proposed use of an accessory building for a dwelling unit not meeting the provisions of Subtitle U §§ 301.1 (c) through (e) shall be permitted as a special exception approval pursuant to Subtitle X Chapter 9.

An accessory building that houses a principal dwelling unit shall not have a roof deck;

An accessory building constructed as a matter-of-right after January 1, 2013, and that is located within a required setback shall not be used as, or converted to, a dwelling unit for a period of five (5) years after the approval of the building permit for the accessory building, unless approved as a special exception;

An accessory building that houses a principal dwelling unit shall not be used simultaneously for any accessory use other than as a private vehicle garage for a dwelling unit on the lot, storage, or as an artist studio; and

Any proposed expansion of an accessory building for residential purposes shall be permitted only as a special exception approval pursuant to Subtitle X, and shall be evaluated against the standards of this section.

A boarding house subject to the following conditions:

No more than eight (8) total persons shall live on the premises;

Accommodations are not provided to transient guests who stay less than ninety (90) days at the premises;

No sign is displayed on the premises;

No advertisement is displayed or published on or off the premises holding out the establishment to be a hotel, motel, inn, hostel, bed and breakfast, private club, tourist home, guest house, or other transient accommodation; and

Cooking facilities are not provided in any individual unit;

Community Residence Facility for not more than six (6) persons not including resident supervisors or staff and their families. The facility may accommodate seven (7) to eight (8) persons, not including resident supervisors or staff and their families, provided there shall be no property containing an existing Community Residence Facility for eight (8) or more persons within a radius of five hundred feet (500 ft.) from, any portion of the subject property;

A corner store use subject to the matter-of-right conditions of Subtitle U § 254;

Any uses permitted within a District of Columbia former public school building subject to the matter-of-right conditions of Subtitle U § 252;

(l) Medical care uses;

(m) A multiple dwelling in Squares 2580, 2581, 2582, 2583, 2584, 2586W, 2587, 2589, in existence as of December 14, 2015, with a valid certificate of occupancy, or a building permit application that was officially accepted by DCRA as being complete prior to December 14, 2015, provided that the multiple dwelling shall not be expanded in gross floor area, lot occupancy, number of stories, building height, penthouse or rooftop structure height, or number of units. Said multiple dwelling, however, may be repaired, renovated, remodeled, or structurally altered;

(n) Child/elderly development center located in a building that was built as a place of worship and that has been used continuously as a place of worship since it was built; and

(o) Child/elderly development center or adult day treatment facility, provided, that the use shall be limited to no more than sixteen (16) individuals, not including staff; and

(p) Youth Residential Care Home for not more than six (6) persons not including resident supervisors or staff and their families. The facility may accommodate seven (7) to eight (8) persons, not including resident supervisors or staff and their families, provided there shall be no property containing an existing youth residential care home for eight (8) or more persons within a radius of five hundred feet (500 ft.) from, any portion of the subject property.

301.2 The conversion of an existing non-residential building or structure to an apartment house shall be permitted as a matter of right in an RF-1, RF-2, or RF-3 zone subject to the following conditions:

(a) The building or structure to be converted is in existence on the property at the time the building permit application for the conversion is accepted as complete by the Department of Consumer and Regulatory Affairs; and

(b) There shall be a minimum of nine hundred square feet (900 sq. ft.) of land area per each existing and new dwelling unit.

301.3 An apartment house in any of the RF-1 zones converted from a non-residential building prior to June 26, 2015, shall be considered a conforming use and structure, but shall not be permitted to expand, either structurally or through increasing the number of units, except as provided by Subtitle U § 320.4.

301.4 An apartment house in any of the RF-1 zones that was converted from a residential building either prior to June 26, 2015, or pursuant to Subtitle A §§ 301.9, 301.10, or 301.11, shall be considered a conforming use and structure, but shall not be permitted to expand, either structurally or through increasing the number of units, except as provided by Subtitle U § 320.2.

301.5 An apartment house in any of the RF-1 zones that was constructed as an apartment house prior to May 12, 1958, or that was lawfully constructed as an apartment house prior to August 7, 1981, in compliance with the then-applicable zoning regulations, shall be considered a conforming use and may renovate or expand in conformance with the applicable provisions of this title, provided that:

(a) The apartment house has not been expanded pursuant to a special exception approved by the Board of Zoning Adjustment per Subtitle U §§ 301.4, 320.2, or 320.4;

(b) An apartment house with less than nine hundred square feet (900 sq. ft.) of lot area per existing dwelling unit does not increase the number of dwelling units; and

(c) An apartment house with more than nine hundred square feet (900 sq. ft.) of lot area per existing dwelling unit may only add additional dwelling units if the apartment house has a minimum of nine hundred square feet (900 sq. ft.) of lot area for each existing and new dwelling unit.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 12366 (October 7, 2016); as amended by Final Rulemaking published at 64 DCR 4055 (April 28, 2017); as amended by Final Rulemaking published at 64 DCR 6117 (June 30, 2017); as amended by Final Rulemaking published at 64 DCR 8416 (August 25, 2017); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 67 DCR 13346 (November 13, 2020); as amended by Final Rulemaking published at 68 DCR 3551 (April 2, 2021); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 301

11-U DCMR § 310 ACCESSORY USES (RF)

The following accessory uses in this section shall be permitted as a matter of right in an RF zone subject to any applicable conditions:

Any accessory use permitted in the R zones under Subtitle U § 250, except that accessory apartments are not permitted in any RF Zone; instead, principal dwelling units are permitted pursuant to Subtitle E, Chapter 2, and Subtitle U Chapter 3.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 310

11-U DCMR § 320 SPECIAL EXCEPTION USES (RF)

SPECIAL EXCEPTION USES (RF)

The uses in this section shall be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, subject to any applicable conditions for each use below:

Any use or structure permitted under Subtitle U § 203 subject to any modification by this chapter.

A community service center to accommodate organizations created for the purpose of improving the social or economic well-being of the residents of the neighborhood in which the center is proposed to be located which may include but not be limited to centers for job training, family counseling, consumer cooperatives, and such other facilities as are similar in nature and purpose, subject to the following conditions:

A community service center shall be located so that it is not likely to become objectionable to neighboring properties because of noise or other objectionable conditions;

The use shall be reasonably necessary or convenient to the neighborhood in which it is proposed to be located; and

A community service center shall not be organized for profit, and no part of its net income shall inure to the benefit of any private shareholder or individual;

The use shall house nine (9) to fifteen (15) persons, not including resident supervisors or staff and their families; and

(2) There shall be no other lot containing a community residential facility use within a radius of five hundred feet (500 ft.) from any portion of the lot.

A corner store use in any of the RF-1 zones not meeting the matter-of-right conditions of Subtitle U § 254, subject to the special exception conditions of Subtitle U § 254.14;

Parks and recreation uses not meeting the conditions of Subtitle C, Chapter 16 subject to the following conditions:

A building housing such a use may be erected to a height not to exceed forty-five feet (45 ft.); and

A public recreation and community center may be permitted a lot occupancy not to exceed forty percent (40%), if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle C § 1610 and provided that the agency shows that the increase is consistent with agency policy of preserving open space; and

Any use permitted within a District of Columbia former public school building that does not comply with the matter-of-right conditions of Subtitle U § 252, subject to the special exception conditions of Subtitle X, Chapter 9.

(g) Youth Rehabilitation Home, Adult Rehabilitation Home subject to the following conditions:

The use shall house one (1) to fifteen (15) persons, not including resident supervisors or staff and their families;

There shall be no other lot containing a youth rehabilitation home or adult rehabilitation home within a square; and

(3) The Board of Zoning Adjustment may approve more than one youth rehabilitation home or adult rehabilitation home within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations; and

(h) Youth Residential Care Home for nine (9) to fifteen (15) persons not including resident supervisor or staff and their families subject to the following conditions:

There shall be no other lot containing a youth residential care home within a radius of five hundred feet (500 ft.) from any portion of the lot; and

(2) The Board of Zoning Adjustment may approve more than one youth residential care home within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations.

320.2 The conversion of an existing residential building existing on the lot prior to May 12, 1958, to an apartment house, or the renovation or expansion of an existing apartment house deemed a conforming use pursuant to Subtitle U § 301.4 that increases the number of units, shall be permitted in any of the RF-1 zones if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following conditions:

(a) The building to be converted or expanded is in existence on the property at the time the Department of Consumer and Regulatory Affairs accepts as complete the building permit application for the conversion or expansion;

(b) The fourth (4th) dwelling unit and every additional even number dwelling unit thereafter shall be subject to the requirements of Subtitle C, Chapter 10, Inclusionary Zoning, including the set aside requirement set forth at Subtitle C § 1003.10; and

(c) There shall be a minimum of nine hundred square feet (900 sq. ft.) of land area per each existing and new dwelling unit.

The conversion of a non-residential building or other structure to an apartment house and not compliant with Subtitle U § 301.2(b), shall be permitted in any of the RF-1 zones if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following provisions:

(a) Any addition shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, in particular:

(1) The light and air available to neighboring properties shall not be unduly affected;

(2) The privacy of use and enjoyment of neighboring properties shall not be unduly compromised; and

(3) The conversion and any associated additions, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale, and pattern of houses along the subject street or alley;

(b) In demonstrating compliance with Subtitle U § 320.3(a), the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the conversion and any associated addition to adjacent buildings and views from public ways; and

(c) The Board may require special treatment in the way of design, screening, exterior or interior lighting, building materials, or other features for the protection of adjacent or nearby properties, or to maintain the general character of a block.

320.4 An existing apartment house deemed a conforming use under Subtitle U § 301.3 shall be permitted to renovate or expand so as to increase the number of dwelling units as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9, and subject to the provisions of Subtitle U §§ 320.3(a), (b), and (c).

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10981 (August 26, 2016); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 4055 (April 28, 2017); as amended by Final Rulemaking published at 64 DCR 8416 (August 25, 2017) ; as amended by Final Rulemaking published at 65 DCR 11927 (October 26, 2018); as amended by Final Rulemaking published at 67 DCR 13346 (November 13, 2020); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 320

11-U DCMR § 321 ADDITIONAL USE RESTRICTIONS AND CONDITIONS

321.1 This section shall modify uses of this chapter otherwise permitted as a matter of right or as a special exception.

321.2 In the RF-1/CAP zone, the following uses shall not be permitted as a matter of right or as a special exception:

(a) Parking lot; provided, that a parking lot in existence on May 31, 1985 may continue subject to any conditions of the zone;

(b) Public utility pumping station;

(d) Telecommunications facility.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 321

11-U4 USE PERMISSIONS RESIDENTIAL APARTMENT (RA) ZONES

11-U DCMR § 400 GENERAL USE PROVISIONS (RA)

400.1 This chapter contains use permissions and any applicable conditions in the RA zones.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 400

11-U DCMR § 401 MATTER-OF-RIGHT USES (RA)

401.1 The following uses shall be permitted as a matter of right subject to any applicable conditions:

(a) Any use permitted in the RF zones under Subtitle U § 301, except corner stores and accessory apartments are not permitted in any RA zone; instead, principal dwelling units are permitted pursuant to Subtitle F, Chapter 2, and Subtitle U Chapter 4;

(b) Private clubs with sleeping accommodations;

(d) Community Residence Facility for not more than six (6) persons not including resident supervisors or staff and their families. The facility may accommodate seven (7) to fifteen (15) persons, not including resident supervisors or staff and their families; provided there shall be no property containing an existing community residence facility for eight (8) or more persons within a radius of five hundred feet (500 ft.) from any portion of the subject property;

(e) Recreation building, park, playground, swimming pool, athletic field, ice rink, or other similar athletic facility, public or private, operated on and using local or federal land and approved by a joint federal-local jurisdictional transfer agreement; subject to the following:

No part of any use is nearer than seventy feet (70 ft.) to the nearest residential structure;

The uses shall not be organized for profit;

All parking areas shall be shared by all uses on a lot;

Scoreboards shall be installed such that the highest point is no taller than twenty-five feet (2five feet (5 ft.)) above grade; and

(5) Any lighting used to illuminate a park, playground, athletic field, trail, or other outdoor space, shall be so arranged that all direct rays of lighting are confined to the boundaries of the lot;

(f) Elderly development center or adult day treatment facility provided, that the use shall be limited to no more than twenty-five (25) individuals not including staff;

(g) Youth Residential Care Home for not more than six (6) persons not including resident supervisors or staff and their families. The facility may accommodate seven (7) to fifteen (15) persons, not including resident supervisors or staff and their families; provided, there shall be no property containing an existing youth residential care home for eight (8) within a radius of five hundred feet (500 ft.) from any portion of the subject property.;

(h) A temporary surface parking lot accessory to the Ballpark shall be permitted on Square 767, Lots 44-47 and Square 768, Lots 19-22 in accordance with Subtitle C § 718; and

(i) In any RA zone other than the RA-1 zone:

Multiple Dwelling developments; and

Hotel in existence as of May 16, 1980, with a valid certificate of occupancy or a valid application for a building permit; provided, that the gross floor area of the hotel may not be increased and the total area within the hotel devoted to function rooms, exhibit space, and commercial adjuncts may not be increased. An existing hotel may be repaired, renovated, remodeled, or structurally altered; and

(3) A continuing care retirement community.

401.2 In the RA-1 zone, Multiple Dwelling developments are subject to the following:

(a) A Multiple Dwelling shall be permitted as a matter of right when limited to no more than six (6) Dwelling Units;

(b) Multiple Dwelling(s) of more than six (6) dwelling units existing prior to [enactment date of this order], as a matter of right, may:

Expand or reduce structurally; and

(2) Alter the number of Dwelling Units, provided that additional dwelling units shall only be located within basement or cellar spaces not already dedicated to dwelling units, so long as the added units do not project beyond the existing Building Area.

401.3 In the RA-2/RC zone, the uses of this section shall be permitted as a matter of right unless prohibited in Subtitle U § 422.2.

401.4 A chancery is a permitted use in RA-4 and RA-5 zones, subject to disapproval by the Board of Zoning Adjustment in accordance with the requirements of Subtitle X, Chapter 2.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 6117 (June 30, 2107); as amended by Final Rulemaking published at 64 DCR 7254 (July 28, 2017); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as corrected by Errata Notice published at 66 DCR 22402 (August 23, 2019); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009981 (July 10, 2026); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 401

11-U DCMR § 410 ACCESSORY USES (RA)

410.1 The following accessory uses shall be permitted as a matter of right subject to the associated conditions:

(a) Any accessory use permitted in the RF zones under Subtitle U § 310, except that accessory apartments are not permitted in any RA zone; instead, principal dwelling units are permitted pursuant to Subtitle F, Chapter 2, and Subtitle U Chapter 4;

(b) Accessory parking spaces or an accessory parking garage subject to all the applicable provisions of Subtitle C, Chapter 7;

(c) Temporary exhibits, fundraising functions, and benefit sales for nonprofit organizations not to exceed ten (10) days in a hotel with more than one hundred (100) rooms or suites;

(d) Commercial adjuncts as accessory uses to a hotel containing one hundred (100) or more rooms or suites shall be permitted in an RA zones, provided:

(1) The total area within the hotel devoted to function rooms, exhibit space, and commercial adjuncts shall not be increased;

(2) There shall be no direct entrance to the function rooms, exhibit space, and commercial adjuncts from the outside of the building;

(3) No part of the adjunct or the entrance to the adjunct shall be visible from a sidewalk; and

(4) No sign or display indicating the existence of the adjuncts shall be visible from the outside of the building;

(e) A home occupation use subject to the conditions and regulations of a home occupation as defined in Subtitle U § 251, and subject to the following conditions:

(1) No more than four (4) clients or visitors per day shall be allowed; and

(2) No person who is not a resident of the dwelling unit shall be engaged or employed in the home occupation; and

(f) Other accessory uses buildings or structures customarily incidental to the uses permitted in RA zones under the provisions of this section; and

(g) An accessory community dining room within an apartment house solely for the use of tenants and their guests.

410.2 In the RA-2/RC zone, a drive-through accessory to any use shall be prohibited.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 410

11-U DCMR § 420 SPECIAL EXCEPTION USES (RA)

420.1 The following uses shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9, subject to any applicable provisions of each section:

(a) Any use or structure permitted under Subtitle U § 320 except as modified by this section;

(b) Art gallery or museum subject to the following conditions:

(1) The art gallery or museum shall be located and operated so that it is not likely to become objectionable to adjoining and nearby property because of objectionable noise, pedestrian and vehicular traffic, hours of operation, or other objectionable conditions;

(2) The Board of Zoning Adjustment shall consider, and regulate, if necessary, the anticipated frequency, number of attendees, and other characteristics of show openings or other group gatherings;

(3) Adequate off-street parking shall be provided to accommodate occupants, employees, and visitors likely to come to the gallery by automobile;

(4) The proposed use shall not adversely affect the present character or future development of the surrounding area; and

(5) The Board of Zoning Adjustment may require special treatment in the way of design, screening of buildings and parking, signs, exterior and interior lighting, or other requirements it deems necessary to protect adjacent and nearby properties;

(c) Community Residence Facility for sixteen (16) to twenty-five (25) persons not including resident supervisors or staff and their families. The Board of Zoning Adjustment may approve more than one community residence facility with over twenty-five (25) persons and within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations;

(d) A corner store shall not be permitted within the RA zones;

(e) Commercial adjuncts to a hotel containing less than one hundred (100) rooms or suites subject to the following conditions:

(1) The total area within the hotel devoted to function rooms, exhibit space, and commercial adjuncts shall not be increased;

(2) There shall be no direct entrance to the adjunct from the outside of the building;

(3) No part of the adjunct or the entrance to the adjunct shall be visible from a sidewalk;

(4) No sign or display indicating the existence of the adjunct shall be visible from the outside of the building; and

(5) The hotel shall be of sufficient size and character so that the financial support of the requested adjunct may be expected to be furnished entirely or substantially by the hotel guests;

(f) A drive-through accessory to any use shall not be permitted;

(g) Emergency shelter use for five (5) to twenty-five (25) persons, not including resident supervisors or staff and their families subject to the following conditions:

(1) There shall be no other property containing an emergency shelter for seven (7) or more persons either in the same square or within a radius of five hundred feet (500 ft.) from any portion of the property.

(2) There shall be adequate, appropriately located, and screened off-street parking to provide for the needs of occupants, employees, and visitors to the facility;

(3) The proposed facility shall meet all applicable code and licensing requirements;

(4) The facility shall not have an adverse impact on the neighborhood because of traffic, noise, operations, or the number of similar facilities in the area;

(5) The Board of Zoning Adjustment may approve more than one (1) emergency shelter in a square or within five hundred feet (500 ft.) only when the Board of Zoning Adjustment finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations; and

(6) The Board of Zoning Adjustment may approve a facility for more than twenty-five (25) persons, not including resident supervisors or staff and their families, only if the Board of Zoning Adjustment finds that the program goals and objectives of the District of Columbia cannot be achieved by a facility of a smaller size at the subject location and if there is no other reasonable alternative to meet the program needs of that area of the District;

(h) Nonresidential adjunct uses as an accessory use within an apartment house, consisting of the sale of foods, drugs, and sundries and personal services designed to serve the tenants' daily living needs subject to the following conditions:

(1) The adjuncts authorized under this paragraph shall be limited to the main floor of the building or below;

(2) There shall be no direct entrance to the adjunct from the outside of the building;

(3) No part of the adjunct or the entrance to the adjunct shall be visible from a sidewalk;

(4) No sign or display indicating the existence of the adjunct shall be visible from the outside of the building;

(5) The center of the principal entrance of the apartment house shall be more than one-fourth (1/4) mile walking distance from the nearest MU, NC or PDR zone;

(6) Uses authorized under this section may also be permitted within an interior patio or other type of open ground level area subject to the restrictions of paragraph (a) through (d) of this section;

(7) In considering an application under this paragraph the Board of Zoning Adjustment shall give consideration to the following:

(A) The proximity of MU and NC zones;

(B) The adequacy and convenience of parking spaces existing in or for the MU and NC zones;

(D) The size and character of the apartment house, since the tenants of the apartment house will be expected to furnish all or substantially all of the financial support of the requested adjunct;

(i) A parking garage constructed as a principal use on a lot other than an alley lot in an RA-5 zone subject to the following conditions:

(1) The use shall comply with all provisions of Subtitle C, Chapter 23 of this title;

(2) No commercial advertising signs shall be permitted outside a building, except a sign advertising the rates as required by Chapter 6 of Title 24 DCMR, Public Space and Safety;

(3) The Board of Zoning Adjustment shall find that no dangerous or otherwise objectionable traffic conditions will result, that the present character and future development of the neighborhood will not be affected adversely, and that the parking garage is reasonably necessary and convenient to other uses in the vicinity; and

(4) Before taking final action on an application for the use, the Board of Zoning Adjustment shall submit the application to the D.C. Department of Transportation for review and report; and

In the RA-1 and RA-6 zones, a continuing care retirement community subject to the conditions of Subtitle U § 203.1(f), except for 203.1(f)(2);

Youth Residential Care Home for sixteen (16) to twenty-five (25) persons not including resident supervisors or staff and their families. The Board of Zoning Adjustment may approve more than one youth residential care home with over twenty-five (25) persons and within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations; and

Youth Rehabilitation Home, Adult Rehabilitation Home subject to the following conditions:

The use shall house no more twenty (20) persons, not including resident supervisors or staff and their families; and

(2) The Board of Zoning Adjustment may approve more than one youth rehabilitation home, adult rehabilitation home, or substance abusers’ home for more than twenty (20) persons within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 7254 (July 28, 2017); as corrected by Errata Notice published at 68 DCR 1270 (January 22, 2021); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 420

11-U DCMR § 421 SPECIAL EXCEPTION FOR NEW RESIDENTIAL DEVELOPMENTS (RA-1)

421.1 In any of the RA-1 zones, the following residential developments shall be reviewed by the Board of Zoning Adjustment as special exceptions pursuant to Subtitle X, Chapter 9, in accordance with the standards and requirements in this section:

(a) Multiple Dwelling developments that do not meet the standards set in U § 401.2; and

(b) Residential developments seeking flexibility pursuant to Subtitle F § 202.3.

421.2 When seeking relief pursuant to Subtitle U § 421.1, in addition to filing requirements of Subtitle Y § 300, the applicant shall submit the following at the time of initial filing:

(a) Existing and proposed site plans of the entire property, showing:

(1) Existing and proposed buildings and structures;

(2) Building Restriction Lines and easements;

(3) All heritage trees and all trees to be retained or removed;

(4) All impervious surface materials;

(5) Location and screening of trash enclosures;

(6) Location and screening of any surface parking spaces;

(7) Screening or fencing along common lot lines; and

(8) Exterior lighting.

(b) Architectural Plans, including but not limited to;

(1) Floor plans of each level and roof;

(2) Elevations, including door and window locations and exterior building materials;

(3) Sectional drawings through the entire building; and

(4) Any other renderings relevant to this or other relief associated with the application;

(d) Shadow study, or supplemental representation, comparing existing, by-right, and proposed development at the equinox, longest, and shortest days of the year; and

(e) Other plans or illustrations demonstrating the proposed development in relation to adjacent properties including, but not limited to the alignment of windows, doors, trash enclosures, parking, and screening in relation to adjacent residential buildings.

421.3 In addition to the filing requirements of Subtitle U § 421.2, when seeking relief from F § 202.3, or for a proposal with more than one principal building, or for a property exceeding twenty thousand square feet (20,000 sq. ft.), the applicant shall submit the following at the time of initial filing:

(a) An existing and proposed Grading Plan, with the limit of disturbance shown;

(b) Plans for all new public or private rights-of-way and easements;

(c) A statement of justification which examines the proposed development in relation to adjacent properties and the surrounding neighborhood context regarding the proposed:

(1) Arrangement of buildings and structures;

(2) Landscaping, grading, and storm-water management;

(3) Vehicle parking; and

(4) Recreation and outdoor space.

421.4 In addition to the notification requirements of Subtitle Y §400.4, the Board of Zoning Adjustment shall refer any application subject to review under Subtitle U § 421.3 to the following District of Columbia agencies for comment:

(a) District of Columbia Public Schools (DCPS) to review whether the existing and planned area schools can accommodate the number of students that can be expected to reside in the project;

(b) Department of Parks and Recreation (DPR) to review the potential impacts on nearby recreational facilities; and

421.5 The Board of Zoning Adjustment may require special treatment for the mitigation of undue impacts to adjacent properties.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 009981 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 421

11-U DCMR § 422 ADDITIONAL USE RESTRICTIONS AND CONDITIONS (RA)

422.1 This section shall modify uses of this chapter otherwise permitted as a matter of right or as a special exception.

422.2 In the RA-2/CAP zone, the following uses shall not be permitted as a matter of right or as a special exception:

(a) Parking lot; provided, that a parking lot in existence on May 31, 1985 may continue subject to any conditions of the zone;

(b) Public utility pumping station;

(d) Telecommunications facility.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 422

11-U5 USE PERMISSIONS MIXED-USE (MU) ZONES

11-U DCMR § 500 GENERAL USE PROVISION FOR MU ZONES

500.1 This chapter contains use permissions and any applicable conditions in the MU zones.

500.2 Use groups for the MU zones are as follows:

TABLE U § 500.2: MU-USE GROUPS

MU-Use Group A

MU-Use Group B

MU-Use Group C

MU-Use Group D

MU-Use Group E

MU-Use Group F

MU-Use Group G

MU-1

MU-2

MU-11

MU-12 MU-13

MU-14

CG-5

CG-6

CG-7

MU-3

MU-4

MU-5

MU-6

CG-2

MU-7

MU-8

MU-9

MU-15

CG-3

MU-10

CG-4

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 7264 (July 28, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 500

11-U DCMR § 501 MATTER-OF-RIGHT USES (MU)

501.1 The uses in this section shall be permitted as a matter of right in any MU zone except the MU-11 zone, subject to any applicable conditions.

501.2 Any use permitted as a matter of right in any R, RF, or RA zone shall be permitted as a matter of right in the MU, except the MU-11 zone, except that accessory apartments are not permitted in any MU zone; instead, principal dwelling units are permitted pursuant to Subtitle G, Chapter 2 and Subtitle U Chapter 5.

501.3 Other accessory uses that are customarily incidental and subordinate to the principal uses permitted in this chapter shall be permitted, except that accessory apartments are not permitted in any MU zone; instead, principal dwelling units are permitted pursuant to Subtitle G, Chapter 2, and Subtitle U Chapter 5.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 73 DCR 009999 (July 10, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 501

11-U DCMR § 502 MATTER-OF-RIGHT USES (MU-USE GROUP A)

502.1 In addition to the uses permitted by Subtitle U § 501, the following uses shall be permitted in MU-Use Group A as a matter of right subject to any applicable conditions:

(a) Arts, design, and creation of the visual arts, including classes, subject to the following conditions:

(1) All operations and storage of materials shall occur inside the building; and

(2) Sales of art work produced by the occupants of the studio shall be permitted within the studio;

(b) Car-sharing spaces, none of which may be a required parking space for any use on site;

(d) Daytime care;

(e) General institutional;

(f) Office use, including chancery, shall be permitted as a matter of right as a replacement for office use authorized by a validly issued certificate of occupancy prior to January 29, 1999;

(g) Local government;

(h) Medical care;

(i) Parks and recreation;

(j) Private school, including kindergarten, elementary, secondary;

(k) Trade or any other school;

(l) Utilities limited to only telephone exchange, electric substation using non-rotating equipment, and natural gas regulator station; and

(m) Art gallery and museum.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 66 DCR 74 (January 4, 2019). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 502

11-U DCMR § 503 ACCESSORY USES (MU-USE GROUP A)

503.1 Retail and general service uses shall be permitted as accessory uses and appropriate adjuncts to an apartment house or hotel, subject to the following conditions:

(a) The uses shall be oriented for the service and convenience of the tenants or guests of the building;

(b) There shall be no direct entrance to the commercial establishment from the outside of the building;

(d) No sign or display indicating the existence of the adjunct shall be visible from the outside of the building.

503.2 A child development home or an expanded child development home shall be permitted as an accessory use in MU-Use Group A incidental to the uses permitted in this chapter; provided:

(a) The dwelling unit in which the use is located shall be the principal residence of the caregiver; and

(b) The use otherwise shall meet the definition of a home occupation.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 503

11-U DCMR § 504 SPECIAL EXCEPTION USES (MU-USE GROUP A)

SPECIAL EXCEPTION USES (MU-USE GROUP A)

The following uses shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9, subject to any applicable provisions of each section:

Chancery use, subject to disapproval by the Board of Zoning Adjustment in accordance with Subtitle X;

College or university use that is an academic institution of higher learning, including a college or university hospital, dormitory, fraternity, or sorority house proposed to be located on the campus of a college or university subject to the conditions of Subtitle X;

Youth Rehabilitation Home, Adult Rehabilitation Home for one (1) to twenty (20) persons, not including resident supervisors or staff and their families, subject to the following conditions:

There shall be no other property containing youth rehabilitation home or adult rehabilitation home for seven (7) or more persons in the same square;

There shall be no other property containing a youth rehabilitation home or adult rehabilitation home for seven (7) or more persons within a radius of five hundred feet (500 ft.) from any portion of the subject property:

There shall be adequate, appropriately located, and screened off-street parking to provide for the needs of occupants, employees, and visitors to the facility;

The proposed facility shall meet all applicable code and licensing requirements;

The facility shall not have an adverse impact on the neighborhood because of traffic, noise, operations, or the number of similar facilities in the area; and

The Board of Zoning Adjustment may approve more than one (1) community-based institutional facility in a square or within five hundred feet (500 ft.) only when the Board of Zoning Adjustment finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations;

Emergency shelter for five (5) to twenty-five (25) persons, not including resident supervisors or staff and their families subject to the conditions of Subtitle U § 504.1 (c);

Institutional, religious program uses, subject to the following conditions:

The part of the program conducted on the property shall be carried on within the existing place of worship building(s) or structure(s);

The operation of the program shall be such that it is not likely to become objectionable in the zone because of noise and traffic;

No sign or display indicating the location of the program shall be located on the outside of the building or the grounds; and

Any authorization by the Board of Zoning Adjustment shall be limited to a period of three (3) years, but may be renewed at the discretion of the Board of Zoning Adjustment;

Lodging for any number of guests, subject to the following conditions:

The height, bulk, and design of the lodging use shall be in harmony with existing uses and structures on neighboring property;

To ensure that the height, bulk, and design is in harmony with existing uses and structures on neighboring property, the Board of Zoning Adjustment may require special treatment in the way of design, building setbacks, screening, landscaping, sign controls, and other features as it deems necessary to protect neighboring property;

The approval of the lodging use shall result in a balance of residential, office, and lodging uses in the applicable zones in the vicinity of the lodging use;

The gross floor area devoted to function rooms and exhibit space shall not exceed fifteen percent (15%) of the gross floor area of the hotel;

The lodging use shall be located within one thousand three hundred feet (1,300 ft.) of the Central Employment Area or a Metrorail station as measured from the entrance of the lodging use closest to the main lobby and guest registration desk to the edge of the Central Employment Area or the entrance to the Metrorail station, following public rights-of-way;

The Board of Zoning Adjustment may require more or less off-street parking spaces and loading berths than required by this title to accommodate the activities of the lodging use, so as to avoid unduly impacting parking or traffic on the surrounding streets; and

The location and design of driveways, access roads, and other circulation elements of the lodging use shall be located to avoid dangerous or other objectionable traffic conditions;

Construction of a new office building or construction of an addition to a building for office use, or conversion of an existing building to office use, subject to the following conditions:

The use, height, bulk, and design shall be in harmony with existing uses and structures on neighboring property; and

The use shall not create dangerous or other objectionable traffic conditions;

Parking, as an accessory use located elsewhere than on the same lot as the principal use, subject to the following conditions:

The total number of parking spaces provided for the principal use shall not exceed the minimum number of spaces required for the principal use;

It shall be considered economically impracticable or unsafe to locate the parking spaces within the principal building or on the same lot on which the building or use is permitted because of the following:

Restricted size of lot caused by adverse adjoining ownership or substantial improvements adjoining or on the lot;

Unusual topography, grades, shape, size, or dimensions of the lot;

The lack of an alley or the lack of appropriate ingress or egress through existing or proposed alleys or streets; or

Traffic hazards caused by unusual street grades or other conditions; and

The parking spaces shall be located and all facilities in relation to the parking spaces shall be designed so that they are not likely to become objectionable to adjoining or nearby property because of noise, traffic, or other objectionable conditions;

Parking garages, subject to the following conditions:

The use and all related facilities shall be located and designed so that they are not likely to become objectionable to adjoining and nearby property because of noise, traffic, or other objectionable conditions;

The present character and future development of the neighborhood shall not be affected adversely by the use;

The parking garage shall serve either residential uses or provide short-term parking for retail, service, and public facility uses, but shall not provide all-day commuter parking;

The parking provided shall be within eight hundred feet (800 ft.) of the use to be served, and shall be necessary to that use; and

Minor services for users of the garage such as hand-washing, polishing, interior detailing, tire inflation, and battery charging and electric vehicle charging stations shall be permitted as accessory uses within a permitted parking garage;

Retail, service (general), and eating and drinking establishment uses subject to the following conditions:

The properties are in any of the MU-2 zones;

The properties are those located south of M Street, N.W. and N.E.;

The uses shall be located on or below the ground floor of the building;

The uses shall not include a drive-through; and

The uses shall be located and designed such that they are not likely to become objectionable to neighboring properties because of noise, traffic, or other objectionable conditions; and

Utility uses other than those permitted as a matter of right, subject to the following conditions:

A use is determined necessary in the public interest by the Public Service Commission;

Any requirements for setbacks, screening, or other safeguards that the Board of Zoning Adjustment deems necessary for the protection of the neighborhood; and

Any new construction of a freestanding structure for use as an optical transmission node shall be built to appear compatible with surrounding construction, including exterior building material, fenestration, and landscaping, and there shall be no advertisement on the structure.

(l) Youth Residential Care Home for sixteen (16) to twenty-five (25) persons not including resident supervisors or staff and their families:

There shall be no other lot containing a youth residential care home within a radius of five hundred feet (500 ft.) from any portion of the lot; and

(2) The Board of Zoning Adjustment may approve more than one (1) youth residential care home within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 504

11-U DCMR § 505 MATTER-OF-RIGHT USES (MU-USE GROUP B)

MATTER-OF-RIGHT USES (MU-USE GROUP B)

The uses in this section shall be permitted in MU-Use Group B as a matter of right subject to any applicable conditions.

The following marine uses shall be permitted as a matter of right:

Boat construction on an occasional basis by a local community organization;

Community garden operated by a local community organization or District government agency;

(c) Floating homes within a permitted marina or yacht club, provided that the maximum density of floating home berths shall not exceed fifty percent (50%) of the total number of berths in the marina or yacht club;

(d) A home occupation within a floating home;

(e) Seasonal or occasional market for produce, arts, and crafts, with non-permanent structures;

(f) Publicly accessible park or open space, playground, or athletic field, including pedestrian and bicycle trails, necessary support facilities, and fitness circuits;

(g) Public nature education or interpretive center including a boat dock; and

(h) Short-Term Rental as an accessory use to a principal residential use.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 1543 (February 14, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 505

11-U DCMR § 506 SPECIAL EXCEPTION USES (MU-USE GROUP B)

506.1 The following uses shall be permitted as a special exception in the MU-11 if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9, subject to any applicable provisions of each section and the requirements of Subtitle U §§ 506.3 through 506.8:

(a) Boathouse, subject to the following conditions:

(1) A boathouse may include rest rooms, showers, locker rooms, kitchen, exercise area, boat storage and maintenance, coach's office, one (1) caretaker's residence pursuant to Subtitle U § 506.1(b), rowing tank, dock, and related functions; and one (1) or more motorized safety launches for coaches are allowed for supervision of rowing practice and water safety;

(2) A demonstration that the boathouse and associated structures:

(3) Will be designed to enhance the visual and recreational opportunities offered along the waterfront;

(4) Will not result in the filling of normally submerged areas, and will minimize excavation to that reasonably required for a facility that is principally above-grade;

(5) Will be located so as not likely to become objectionable to surrounding and nearby property because of noise, traffic, or parking; and

(6) One (1) or more motorized safety launches for coaches are allowed for supervision of rowing practice and water safety;

(b) Caretaker’s residence subject to the following conditions:

(1) The caretaker's residence shall be located within the principal building and exclusively for the use of the facility's caretaker and immediate family; and

(2) If the caretaker's residence is larger than one thousand two hundred square feet (1,200 sq. ft.), it shall occupy no more than twenty percent (20%) of the total area of the principal building;

(c) Floating homes within a permitted marina or yacht club with a proposed maximum density of floating home berths in excess of fifty percent (50%) of the total number of berths in the marina or yacht club;

(d) Marina, which may also include the following as accessory uses:

(1) An office for the operation of the marina;

(2) Boat launching;

(3) The sale of marine fuels;

(4) Minor repairs and maintenance to boats and marine engines;

(5) The rental of boats; and

(6) Retail sales of supplies and services for small pleasure and commercial vessels;

(e) Parking, for uses within this chapter that are located elsewhere than on the lot on which the use is located:

(1) The parking spaces will be located to furnish reasonable and convenient parking for patrons of the principal building;

(2) Any support facility in relation to the parking spaces is designed so as not likely to become objectionable to adjoining or nearby property, park space, or the waterfront because of noise, traffic, or other objectionable conditions; and

(3) The parking spaces will be adequately screened from adjacent park space and from the waterfront, and shall be designed to prevent storm water run-off directly into the river;

(f) Retail;

(g) Arts, design, and creation uses;

(h) Entertainment, assembly, and performing arts uses; and

(i) Yacht club provided the applicant shall demonstrate that the yacht club and associated facilities:

(1) Will be primarily for the use of the members of the yacht club, except that the yacht club may provide transient berths;

(2) Will be located so as not likely to become objectionable to surrounding and nearby property because of noise, traffic, or parking; and

(3) Will not result in the filling of normally submerged areas and will minimize excavation to that reasonably required for a facility that is principally above-grade.

506.2 Off-street parking spaces shall be provided in the amount and manner specified in Subtitle C.

506.3 With respect to any special exception use under consideration in the MU-11 zone, the Zoning Commission may authorize the following if the applicant is able to demonstrate that application of normally applied zoning regulations would result in an infeasible project and would hinder furtherance of the objectives of the waterfront areas:

(a) An increase of not more than five percent (5%) in the maximum lot occupancy, height, or floor area ratio as otherwise prescribed in this title. The Zoning Commission shall have the option to approve a greater increase if the subject property is surrounded by National Park Service lands; or

(b) A reduction of not more than five percent (5%) of the minimum setback or court requirements as otherwise prescribed in this title. The Zoning Commission shall have the option to approve a greater decrease if the subject property is surrounded by National Park Service lands.

506.4 When applying for special exception under this section an applicant shall also demonstrate:

(a) The buildings, structures, and uses will enhance the visual and public recreational opportunities offered along the waterfront;

(b) Buildings, structures, and uses on land will be located and designed to minimize adverse impacts on the river and riverbank areas;

(c) If the proposed use is a boathouse, marina, or yacht club, the buildings will be located entirely on shore directly in front of berths, separated only by the setback area described in Subtitle C, Chapter 11, unless doing so would result in an infeasible project and would hinder furtherance of the objectives of the MU-11 zone;

(d) Buildings, structures, and uses on, under, or over water will be located and designed to minimize adverse impacts on the river and riverbank areas;

(e) All structures and buildings will be located so as not likely to become objectionable to surrounding and nearby property because of noise, traffic, or parking, and so as not to limit public access along or to the waterfront, other than directly in front of the principal building or structure of a boathouse, marina, or yacht club;

(f) Impervious surfaces will be minimized, and buildings, structures, and other uses will be designed and sited to minimize potential for surface storm water run-off directly into the river;

(g) Screening, coping, setbacks, fences, the location of entrances and exits, or any other consideration for accessory or non-accessory parking spaces will be designed to screen and protect adjacent parkland and the waterfront; and

(h) Emergency access will be provided to any buildings, structures, or other space devoted to active public use.

506.5 An applicant for a special exception under this section shall provide the following information:

(a) A survey plan showing:

(1) Existing vertical contours at two-foot (2-ft.) intervals;

(2) The one hundred (100)-year floodplain and all existing streams, wetlands, and bodies of water, as well as general drainage patterns with arrows indicating the directions of major drainage flow;

(3) Existing vegetation, including a listing of most abundant species; and

(4) All existing disturbed areas, including the locations of utilities, paved areas, streets, culverts, storm water management systems, and bridges;

(b) A proposed site plan showing:

(1) The proposed location, height, bulk, and design of all improvements, including buildings, structures, pedestrian and vehicular access, parking, piers and wharves, berths, utilities, paved areas, culverts, storm water management, and bridges;

(2) Suitable open space treatment of a waterfront setback area, as required in Subtitle C, Chapter 11, for uses such as walkway, bikeway, passive or active recreation; and including provisions assuring private maintenance of the space, convenient and public access to the space, and suitable connections to adjacent public space along the waterfront;

(3) Proposed grading, including a calculation of the amount of cutting from and filling to natural grade;

(4) Proposed landscaping, including riverbank treatment/restoration; and

(5) The location and design of fencing, gates, screening, exterior lighting, and signage;

(1) The location and design of parking spaces, access driveways, and other impervious surface landscaping;

(2) The location and design of emergency vehicle access to all buildings, structures, and active public spaces; and

(3) For boathouse, marina, and yacht club facilities, a parking management plan for special events (such as regattas); and

(d) A description of activities proposed to be conducted at the site.

506.6 Before commencement of a public hearing on an application for any special exception in the MU-11 zoning district, the Zoning Commission or Board of Zoning Adjustment shall refer the application to the Office of Planning for coordination, review, and report. The application shall include reports and recommendations from the Departments of Energy and Environment and Transportation and all other appropriate agencies.

506.7 A report submitted by the Office of Planning under this section. shall specifically address the environmental impact of the proposed use, as that impact is identified by the Department of Energy and Environment; provided that any such report is not intended to be, and shall not be construed to constitute, the functional equivalent of an Environmental Impact Assessment or Statement.

506.8 Any use listed in Subtitle C § 509, USES NOT PERMITTED (MU-USE GROUPS B AND C), shall not be permitted by special exception.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 506

11-U DCMR § 507 MATTER-OF-RIGHT USES (MU-USE GROUP C)

In addition to the uses permitted by Subtitle U § 501, the following uses shall be permitted in MU Use Group C as a matter of right subject to any applicable conditions:

Any use within the following use categories:

Agricultural, both residential and large;

Arts design and creation, including an artist live-work studio;

Art gallery and museum;

Community Residence Facility for not more than six (6) persons not including resident supervisors or staff and their families. The facility may accommodate seven (7) to fifteen (15) persons, not including resident supervisors or staff and their families, provided there shall be no property containing an existing community residence facility for eight (8) or more persons within a radius of five hundred feet 500 ft.) from, any portion of the subject property;

Daytime care;

Eating and drinking establishments, except a drive-through operation shall not be permitted;

Emergency shelter for not more than four (4) persons, not including resident supervisors or staff and their families;

Group instruction center or studio;

Local government uses;

Institutional uses, both general and religious;

Lodging;

Marine;

Medical care facilities, including hospice care;

Office uses, including chanceries;

Parks and recreation;

Pet grooming establishment;

Retail;

Service uses, both financial and general; and

Theater, either private or public, for the purpose of entertainment, assembly, and performing arts; and

Other accessory uses customarily incidental and subordinate to the uses permitted by this section.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 7259 (July 28, 2017); as amended by Final Rulemaking published at 68 DCR 2485 (March 5, 2021); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 507

11-U DCMR § 508 SPECIAL EXCEPTION USES (MU-USE GROUP C)

SPECIAL EXCEPTION USES (MU-USE GROUP C)

Unless specifically prohibited by Subtitle U § 509, the following uses shall be permitted in MU-Use Group C if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, subject to the following conditions:

Any use permitted as a matter of right in MU-Use Group C that does not comply with the required conditions for MU-Use Group C may apply for permission as a special exception, except for a drive-through operation as a principal or accessory use;

Youth Rehabilitation and Adult Rehabilitation Home for one (1) to twenty (20) persons, not including resident supervisors or staff and their families. There shall be no other lot containing a youth rehabilitation home or adult rehabilitation home within a radius of five hundred feet (500 ft.) from any portion of the lot.

Community-based institutional facilities for one (1) to twenty (20) persons, not including resident supervisors or staff and their families;

Education (private) uses, subject to the following conditions:

The facility shall be designed to enhance the visual and recreational opportunities offered by the waterfront; and

The use shall be designed and located so that it is not likely to become objectionable because of noise, traffic, number of students, or other conditions;

Emergency shelter for five (5) to twenty-five (25) persons, not including resident supervisors or staff and their families;

Entertainment, assembly, and performing arts uses, subject to the following conditions:

The use shall not be within twenty-five feet (25 ft.) of a residentially zoned or used property unless separated by a public street or public alley; and

Soundproofing to the extent deemed necessary for the protection of adjoining and nearby property shall be required;

Medical care uses subject to the following conditions:

The facility shall be designed to enhance the visual and recreational opportunities offered by the waterfront;

The facility shall be located so that it is not likely to become objectionable to surrounding and nearby property because of noise, traffic, or parking;

There shall be a demonstrated need for the facility;

The applicant shall submit to the Board of Zoning Adjustment a detailed plan for the hospital or clinic and accessory facilities which shall include:

Location, height, and bulk of all improvements, but not limited to buildings, parking, and loading facilities;

Screening, signs, and public utility facilities; and

A description of the activities to be carried on at the hospital or clinic, including the capacities of the various facilities within the hospital or clinic;

Miscellaneous uses, subject to the following conditions:

The Board of Zoning Adjustment finds that the use is appropriate in furthering the objectives of the waterfront areas;

The facility shall be designed to enhance the visual and recreational opportunities offered by the Waterfront;

The use shall not adversely affect the present character or future development of the neighborhood; and

No dangerous or otherwise objectionable traffic conditions shall result from the establishment of the use;

Parking subject to a temporary surface parking lot accessory to the Ballpark shall be permitted on Squares 664E, 707, 708, 708E, 708S, or 744S, in accordance with Subtitle C § 718. In the event that the cumulative parking limit established in Subtitle C § 718.2 is met, additional temporary surface parking spaces accessory to the Ballpark on Squares 664E, 707, 708, 708E, 708S, or 744S shall be permitted as a special exception in a MU-13 zone if approved by the Board of Zoning Adjustment pursuant to Subtitle C § 718.7;

Production, distribution, and repair uses, subject to the following conditions:

The facility shall be designed to enhance the visual and recreational opportunities offered by the waterfront;

The use shall comply with the standards of external effects and shall have no adverse effects on other uses on the same or adjoining properties;

The use shall not result in dangerous or otherwise objectionable traffic conditions;

There shall be adequate off-street parking for trucks and other service vehicles; and

There shall be no outdoor storage of materials;

Utility uses, subject to the following conditions:

Any requirements for setbacks, screening, or other safeguards that the Board of Zoning Adjustment deems necessary for the protection of the neighborhood; and

(l) Veterinary office, veterinary hospital, or veterinary boarding hospital subject to the following conditions:

(1) A veterinary office, veterinary hospital, or veterinary boarding hospital may board any animal permitted to be lawfully sold in the District of Columbia, pursuant to § 9(j) of the Animal Control Act of 1970 (D.C. Law 3-30, as amended; D.C. Official Code § 8 1808(j));

(2) No more than fifty percent (50%) of the gross floor area of the veterinary office, veterinary hospital, or veterinary boarding hospital may be devoted to the boarding of animals;

(3) The veterinary office, veterinary hospital, or veterinary boarding hospital shall be located and designated to create no objectionable conditions to building residents or tenants, or to adjacent properties resulting from animal noise, odor, or waste;

(4) The veterinary office, veterinary hospital, or veterinary boarding hospital shall not abut an existing residential use or a residential zone; unless the existing residential use is in a mixed-use building and the applicant demonstrates that:

(A) The building was designed and constructed or will be re-designed and renovated to mitigate noise to limit negative impacts on residential units that the use will abut, including the use of acoustical tiles, caulking to seal penetrations made in floor slabs for pipes, and spray-on noise insulation;

(B) The windows and doors of the space devoted to the veterinary office, veterinary hospital, or veterinary boarding hospital use shall be kept closed, and all doors facing a residential use will be solid core;

(C) Animal waste shall be placed in closed waste disposal containers located in enclosed areas or away from abutting or confronting residential windows and doors; and shall be collected by a waste disposal company at least weekly;

(D) Odors will be controlled by means of an air filtration system or an equivalently effective odor control system;

(E) Floor finish material, areas intended to be wet, and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor, shall be impervious and washable;

(5) External yards or other external facilities for the keeping of animals shall not be permitted;

(6) Pet grooming and the sale of pet supplies are permitted as accessory uses; and

(7) The Board may waive or modify the condition of this paragraph upon a determination that there will be no adverse impacts to building residents or tenants, or to adjacent properties resulting from the waiver or modification.

(m) Youth Residential Care Home for sixteen (16) to twenty-five (25) persons not including resident supervisors or staff and their families. There shall be no other lot containing a youth residential care home within a radius of five hundred feet (500 ft.) from any portion of the lot.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 12148 (November 2, 2018); as amended by Final Rulemaking published at 68 DCR 2485 (March 5, 2021); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 508

11-U DCMR § 509 USES NOT PERMITTED (MU-USE GROUPS B AND C)

509.1 The following uses shall not be permitted in MU-Use Groups B and C as a matter of right or as a special exception:

(a) Any establishment that has as a principal use the administration of massages that is not part of a health facility;

(b) Automobile or motorcycle sales or repairs;

(d) Carting, express, moving, or hauling terminal or yard;

(e) Chemical manufacturing, storage, or distribution;

(f) Drive-through operation as either a principal or accessory use;

(g) Enameling, plating, or painting (except artist's studio) as a principal use;

(h) Firearms retail sales establishment;

(i) Gasoline service station;

(j) Material salvage;

(k) Outdoor advertising or billboard;

(l) Outside material storage;

(m) Packing or crating operation;

(n) Parking Lot:

(1) Except a temporary surface parking lot permitted pursuant to Subtitle C § 718; or

(2) Other than as permitted as a special exception in the MU-11 District in Subtitle U § 506.3;

(o) Smelting or rendering; and

(p) Sexually-oriented business establishment.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 509

11-U DCMR § 510 MATTER-OF-RIGHT USES (MU-USE GROUP D)

510.1 The following uses shall be permitted in MU-Use Group D as a matter–of-right subject to any applicable conditions:

Any use permitted as matter of right in any R, RF, or RA zone, and any use permitted as a matter of right for MU-Use Group A;

Agricultural, both residential and large;

Arts design and creation, including an artist live-work studio;

Art gallery and museum;

College or university uses, except that a use that would otherwise not be permitted as a matter of right but for the university or college shall not be permitted;

Daytime care uses;

Eating and drinking establishments uses, subject to the following conditions:

A drive-through or drive-in operation and a food delivery service shall not be permitted; and

A fast food establishment shall not be permitted as a matter-of-right in the MU-3 zone except that fast food establishments with no drive-through shall be permitted in Square 5912, Square 3499 (Lot 3), and Square 3664 (Lot 820) as a matter of right;

Emergency shelter for not more than four (4) persons, not including resident supervisors or staff and their families;

Entertainment, assembly, and performing arts uses shall be permitted as a matter of right, except for a bowling alley;

Gasoline service station with a valid certificate of occupancy that has not been replaced by another use with a valid certificate of occupancy;

Gasoline service station as an accessory use to a parking garage or public storage garage; provided:

All portions of the gasoline service station shall be located entirely within the garage;

No part of the accessory use shall be visible from a sidewalk; and

Signs or displays indicating the existence of the accessory use shall not be visible from the outside of the garage;

Group instruction center or studio;

Institutional uses, general, and religious;

Local government uses except a Driver’s License Road Test Facility;

Lodging;

Marine;

Medical care facilities, including hospice care;

Office uses, including chanceries;

Optical transmission node;

Parking garage, which may include a car wash and interior detailing, as a permitted accessory use within the permitted parking garage;

Parks and recreation;

Pet grooming establishment;

Retail, except for large format retail;

Service uses, both financial and general subject to the following limitations:

(1) The uses do not involve installation of automobile accessories;

(2) A laundry or dry cleaning facility shall not exceed twenty-five hundred square feet (2,500 sq. ft.) of gross floor area; and

(3) An indoor storage facility not exceeding twenty-five hundred square feet (2,500 sq. ft.) of gross floor area; and

Accessory uses customarily incidental and subordinate to the uses permitted by this section.

Youth Residential Care Home for not more than six (6) persons not including resident supervisors or staff and their families. The facility may accommodate seven (7) to fifteen (15) persons, not including resident supervisors or staff and their families, provided there shall be no property containing an existing youth residential care home within a radius of five hundred feet (500 ft.) from any portion of the subject property.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 7259 (July 28, 2017); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 67 DCR 11964 (October 16, 2020); as amended by Final Rulemaking published at 68 DCR 2485 (March 5, 2021); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 510

11-U DCMR § 511 SPECIAL EXCEPTION USES (MU-USE GROUP D)

511.1 The following uses in this section shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9, subject to the provisions of this section.

(a) College or university uses that would otherwise not be permitted as a matter of right within the zone, subject to the conditions of Subtitle X;

(b) Youth Rehabilitation Home, Adult Rehabilitation Home, for one (1) to fifteen (15) persons, not including resident supervisors or staff and their families subject to the following conditions:

There shall be no other lot containing a youth rehabilitation home or adult rehabilitation home use in the same square; and

(2) The Board of Zoning Adjustment may approve more than one youth rehabilitation home or adult rehabilitation home within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations.

(c) Emergency shelter for five (5) to fifteen (15) persons, not including resident supervisors or staff and their families, subject to the following conditions:

(2) There shall be adequate, appropriately located, and screened off-street parking to provide for the needs of occupants, employees, and visitors to the facility;

(3) The proposed shelter shall meet all applicable code and licensing requirements;

(4) The shelter shall not have an adverse impact on the neighborhood because of traffic, noise, operations, or the number of similar facilities in the area; and

(5) The Board of Zoning Adjustment may approve more than one (1) emergency shelter facility in a square or within five hundred feet (500 ft.) from the property only when the Board of Zoning Adjustment finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations;

(d) Entertainment, assembly, and performing arts uses, except a bowling alley shall not be permitted, subject to the following conditions:

(1) The use shall not be within twenty-five feet (25 ft.) of a residentially zoned property unless separated by a street or alley; and

(2) Soundproofing to the extent deemed necessary for the protection of adjoining and nearby property shall be required;

(e) Fast food establishment, subject to the following conditions:

(1) The establishment shall be located within a multi-tenant building or shopping center; it shall not be located in a single-tenant detached building;

(2) No more than thirty percent (30%) of the total gross floor area of the multi-tenant building or shopping center shall be occupied by fast food establishments;

(3) Any refuse dumpster used by the fast food use shall be housed in a three- (3) sided brick enclosure equal in height to the dumpster or six feet (6 ft.) high, whichever is greater. The entrance to the enclosure shall include an opaque gate. The entrance shall not face nor be within ten feet (10 ft.) of a R, RF, or RA zone;

(4) The use shall not include a drive-through;

(5) The use shall be designed and operated so as not to become objectionable to neighboring properties because of noise, sounds, odors, lights, hours of operation, or other conditions;

(6) The use shall provide sufficient off-street parking, but not less than that required by Subtitle C, Chapter 7, to accommodate the needs of patrons and employees;

(7) The use shall be located and designed so as to create no dangerous or otherwise objectionable traffic conditions; and

(8) The Board of Zoning Adjustment may impose conditions pertaining to design, screening, lighting, soundproofing, off-street parking spaces, signs, method and hours of trash collection, or any other matter necessary to protect adjacent or nearby property;

(f) Gasoline service station to be established or enlarged, subject to the following conditions:

(1) The station shall not be located within twenty-five feet (25 ft.) of a residential zone or unless separated from the residential zone by a street or alley;

(2) The operation of the use shall not create dangerous or other objectionable traffic conditions; and

(3) Required parking spaces may be arranged so that all spaces are not accessible at all times. All parking spaces provided under this subsection shall be designed and operated so that sufficient access and maneuvering space is available to permit the parking and removal of any vehicles without moving any other vehicle onto public space;

(g) Parking, for uses within this chapter that are located elsewhere than on the lot on which the use is located but within the square in which the principal use is located;

(h) Retail, large format, subject to the following conditions:

(1) The development standards and design guidelines contained within this section apply to all new large format retail establishments with single tenant space of fifty thousand (50,000) gross square feet or greater;

(2) The use shall be located so that it is not likely to become objectionable to adjoining and nearby property because of noise, traffic, parking, loading, deliveries, lighting, trash compacting and collection, hours of operation, or otherwise objectionable conditions;

(3) Sufficient automobile parking, but not less than that required in Subtitle C, Chapter 7, shall be provided to accommodate the employees and customers;

(4) An application under this section shall include the following information:

(A) A general site and development plan, indicating the proposed use, location, dimensions, number of stories, and height of building;

(B) A study of site characteristics and conditions;

(C) A description of existing topography, soil conditions, vegetation and drainage consisting of written material, plats, maps and photographs;

(D) Proposed topography including street grades and other grading contours;

(E) Identification of mature trees to remain and percent of site to be covered by impervious surface;

(F) Proposed drainage and sewer system and water distribution;

(G) Proposed treatment of existing natural features, such as steep slopes, ravines, natural watercourses;

(H) Proposed method of solid waste collection;

(I) Estimated water consumption (gallons per year);

(J) A transportation study, containing the following:

(i) Proposed circulation plan, including the location of vehicular and pedestrian access ways, other public space and the location and number of all off-street parking and loading spaces, loading berths and service delivery spaces;

(ii) Estimated number and type of trips assumed to be generated by project, and assumed temporal and directional distribution;

(iii) Traffic management requirements (lights, stop signs, one-way streets, etc.);

(iv) Relationship of the proposed project to the mass transit system (nearest bus stops and routes, nearest Metrorail stations, etc.); and

(v) Vehicular trip generation, trip assignment and before-and-after capacity analyses and level of service at critical intersections; and

(vi) Any other information needed to fully understand the final building proposed for the site;

(5) An applicant requesting approval under this section must demonstrate that the proposed use, building, or structure, including the siting, architectural design, site plan, landscaping, sidewalk treatment, and operation, will:

(A) Be in context with the surrounding street patterns;

(B) Minimize unarticulated blank walls adjacent to public spaces through facade articulation, materials, display windows, entries, and other architectural efforts; and

(6) Where additional stores or individual uses are located within a large format retail use, each such store shall have at least one (1) exterior customer entrance;

(7) The following list should be considered as guidelines for the design of large format retail buildings:

(A) Building design shall incorporate architectural features and patterns to provide visual interest;

(B) Exterior walls shall feature projections and recesses;

(D) Building materials shall include stone, wood, brick, glass, and metal in keeping with the surrounding architectural context;

(E) Entryways shall be well-marked and engaging and provide connection via wide sidewalks to primary streets and parking;

(F) Building design shall incorporate sustainable measures to include solar energy, geothermal heating and cooling, and use of permeable paving for surface parking areas; and

(G) Landscaping shall be provided in the rear and side yards to screen and limit visibility of storage areas;

(8) This section shall not apply to the following:

(A) Large format retail that would occupy a planned unit development approved as of the effective date of this title; or

(B) Large format retail that would occupy a project with a completed review under the large tract review regulations (Title 10-B DCMR, Chapter 23) as of the effective date of this title; except that a modification to a completed large tract review that would result in a project with fifty thousand square feet (50,000 sq. ft.) or more of retail use shall also require approval under this section prior to certificate of occupancy for a use meeting the definition of large format retail;

(i) Service uses permitted as a matter of right with conditions that do not comply with the conditions;

(j) Utilities uses, subject to the requirements for setbacks, screening, or other requirements as the Board of Zoning Adjustment deems necessary for the protection of neighboring or adjacent property; and

(k) Veterinary office or hospital, or veterinary boarding hospital subject to the following conditions:

(1) A veterinary hospital or veterinary boarding hospital may board any animal permitted to be lawfully sold in the District of Columbia, pursuant to D.C. Official Code § 8-1808(j)(1);

(2) No more than fifty percent (50%) of the gross floor area of the veterinary hospital may be devoted to the boarding of animals;

(3) The veterinary hospital or veterinary boarding hospital shall be located and designed to create no objectionable conditions to adjacent properties resulting from animal noise, odor, or waste;

(4) The veterinary hospital or veterinary boarding hospital shall not abut an existing residential use or a residential zone;

(B) The windows and doors of the space devoted to the veterinary hospital or veterinary boarding hospital use shall be kept closed, and all doors facing a residential use will be solid core;

(D) Odors will be controlled by means of an air filtration system or an equivalently effective odor control system; and

(E) Floor finish material, areas intended to be wet, and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor, shall be impervious and washable;

(5) External yards or other external facilities for the keeping of animals shall not be permitted;

(6) Pet grooming, the sale of pet supplies, and incidental boarding of animals as necessary for convalescence, are permitted as accessory uses; and

(7) The Board of Zoning Adjustment may impose additional requirements as it deems necessary to protect adjacent or nearby properties.

(n) Youth Residential Care Home for nine (9) to fifteen (15) persons not including resident supervisors or staff and their families:

There shall be no other lot containing a youth residential care home within a radius of five hundred feet (500 ft.) from any portion of the lot; and

511.2 Any use permitted as a matter of right in MU-Use Group D that does not comply with the required conditions for MU-Use Group D may apply for permission as a special exception, except uses involving the installation of automobile accessories or fast food establishments located in single-tenant detached buildings.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 65 DCR 12148 (November 2, 2018); as amended by Final Rulemaking published at 67 DCR 11964 (October 16, 2020); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 511

11-U DCMR § 512 MATTER-OF-RIGHT USES (MU-USE GROUP E)

512.1 The following uses shall be permitted in MU-Use Group E as a matter of right subject to any applicable conditions for each use below:

(a) Uses permitted as a matter of right in any R, RF, and RA zones, and all uses permitted as a matter of right for MU-Use Group D of this chapter, unless otherwise required as a special exception in Subtitle U § 513 or not permitted by Subtitle U § 514;

(b) An animal boarding use located in a basement or cellar space subject to the following:

(1) The use shall not be located within twenty-five feet (25 ft.) of a lot within an R, RF, or RA zone. The twenty-five feet (25 ft.) shall be measured to include any space on the lot or within the building not used by the animal boarding use and any portion of a street or alley that separates the use from a lot within an R, RF, or RA zone. Shared facilities not under the sole control of the animal boarding use, such as hallways and trash rooms, shall not be considered as part of the animal boarding use;

(2) There shall be no residential use on the same floor as the use or on the floor immediately above the animal boarding use;

(3) Windows and doors of the space devoted to the animal boarding use shall be kept closed and all doors facing a residential use shall not be solid core;

(4) No animals shall be permitted in an external yard on the premises;

(5) Animal waste shall be placed in a closed waste disposal container and shall be collected by a licensed waste disposal company at least weekly;

(6) Odors shall be controlled by means of an air filtration or an equivalently effective odor control system; and

(7) Floor finish materials and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor shall be impervious and washable;

(d) College or university uses, except that in the MU-4 zone, a use that would otherwise not be permitted as a matter of right but for the university or college shall not be permitted;

(e) Eating and drinking establishment uses, subject to the following conditions:

(1) A fast food establishment or food delivery service shall not be permitted within any of the MU-4 zones; and

(2) A fast food establishment or food delivery service in all other MU-Use Group E zones, subject to the following conditions:

(A) No part of the lot on which the use is located shall be within twenty-five feet (25 ft.) of a residential zone, unless separated therefrom by a street or alley;

(B) If any lot line of the lot abuts an alley containing a zone district boundary line for a residential zone, a continuous brick wall at least six feet (6 ft.) high and twelve inches (12 in.) thick shall be constructed and maintained on the lot along the length of that lot line;

(C) Any refuse dumpsters shall be housed in a three (3) sided brick enclosure equal in height to the dumpster or six feet (6 ft.) high, whichever is greater. The entrance to the enclosure shall include an opaque gate. The entrance shall not face a residential zone;

(D) The use shall not include a drive-through; and

(E) Subparagraphs (A) and (B) shall not apply to a fast food establishment located in Square 5912;

(f) Education uses, private;

(g) Entertainment, assembly, and performing arts uses, except that a bowling alley shall be subject to the following conditions:

(1) The use shall not be within twenty-five feet (25 ft.) of a residentially zoned property unless separated by a street or alley; and

(2) Soundproofing to the extent deemed necessary for the protection of adjoining and nearby property shall be required;

(h) Firearms retail sales establishments, except that no portion of the establishment shall be located within three hundred feet (300 ft.) of:

(1) Any R, RF, RA, MU-1 or MU-2 zone; or

(2) A place of worship, public or private school, public library, or playground;

(i) Gasoline service station as an accessory use to a parking garage or public storage garage; provided:

(1) All portions of the gasoline service station shall be located entirely within the garage;

(2) No part of the accessory use shall be visible from a sidewalk;

(3) Signs or displays indicating the existence of the accessory use shall not be visible from the outside of the garage; and

(4) The use shall not be permitted in any of the MU-4 zones;

(j) Optical transmission node;

(k) Retail uses, except for a large format retail use, subject to the off-premises beer and wine sales accessory use in the grocery store located in Square 2572, Lot 36, may continue, provided that it shall not occupy more than two thousand seventy-eight square feet (2,078 sq. ft.) of the store’s gross floor area;

(l) Service (general) uses subject to the following conditions:

(1) A laundry or dry cleaning facility shall not exceed twenty-five hundred square feet (2,500 sq. ft.) of gross floor area; and

(2) In any of the MU-4 zones, uses involving the installation of automobile accessories shall not be permitted;

(m) Veterinary office or veterinary hospital, which may also include the incidental boarding of animals as necessary for convalescence, pet grooming, and the sale of pet supplies, but not as an independent line of business; and

(n) Accessory uses customarily incidental and subordinate to the uses permitted by this section.

512.2 In the MU-4/RC and MU-5A/RC zones, the uses of this section shall be permitted as a matter of right unless prohibited by Subtitle U § 514.3.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 340 (January 13, 2017); as amended by Final Rulemaking published at 64 DCR 7259 (July 28, 2017); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 67 DCR 11964 (October 16, 2020); as amended by Final Rulemaking published at 68 DCR 2485 (March 5, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 512

11-U DCMR § 513 SPECIAL EXCEPTION USES (MU-USE GROUP E)

513.1 The following uses shall be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9 and subject to the applicable conditions for each use below:

Any uses permitted as a matter of right in MU-Use Group E that does not comply with the required conditions for MU-Use Group E may apply for permission as a special exception, except firearms retail sales establishment;

(b) Animal boarding uses not meeting the conditions of Subtitle U § 512.1 (b), subject to the following:

(1) The animal boarding use shall take place entirely within an enclosed building;

(3) The windows and doors of the space devoted to the animal boarding use shall be kept closed, and all doors facing a residential use shall be solid core;

(4) No animals shall be permitted in an external yard on the premises;

(5) Animal waste shall be placed in closed waste disposal containers and shall be collected by a waste disposal company at least weekly;

(6) Odors shall be controlled by means of an air filtration system or an equivalently effective odor control system;

(7) Floor finish material, and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor, shall be impervious and washable;

(8) External yards or other exterior facilities for the keeping of animals shall not be permitted; and

(9) The Board of Zoning Adjustment may impose additional requirements pertaining to the location of buildings or other structures, entrances and exits; buffers, banners, and fencing, soundproofing, odor control, waste storage and removal (including frequency), the species and/or number of animals; or other requirements, as the Board deems necessary to protect adjacent or nearby property;

(c) Animal care and animal sales uses, not otherwise permitted as a matter of right or by special exception, subject to the following conditions:

(1) When located in a nonresidential building or on a property not zoned residential, the use shall not abut nor be closer than twenty-five feet (25 ft.) to any property line of an existing residential use or a residential zone;

(2) The use shall be located and designed to create no objectionable conditions to building residents or tenants, or to adjacent properties resulting from animal noise, odor, or waste; and shall utilize industry standard sound-absorbing materials, such as acoustical floor and ceiling panels, acoustical concrete and masonry, solid core doors, caulking to seal penetrations made in floor slabs for pipes, spray-on noise insulation, and acoustical landscaping;

(3) Floor finish material, areas intended to be wet, and wall finish materials measured to a minimum height of forty-eight inches (48 in.) from the floor, shall be impervious and washable;

(4) External yards or other external facilities for the keeping of animals shall not be permitted, except that an Animal Shelter may have external yards or other external facilities for the keeping of animals which shall be entirely located a minimum of two hundred feet (200 ft.) from an existing residential use or residential zone;

(5) All animal waste shall be placed in closed waste disposal containers and a qualified waste disposal company shall be used to collect and dispose of all animal waste at least weekly;

(6) Odors shall be controlled by means of an air filtration system (for example, High Efficiency Particulate Air [HEPA] filtration) or an equivalently effective odor control system;

(7) The Board of Zoning Adjustment may impose additional requirements pertaining to the location of buildings or other structures, entrances and exits, buffers, and fencing, soundproofing, odor control, waste storage and removal (including frequency), the species and/or number of animals, or other requirements, as the Board deems necessary to protect adjacent or nearby property; and

(8) The Board of Zoning Adjustment may waive or modify the conditions of this paragraph upon a determination that there will be no adverse impacts to building residents or tenants, or to adjacent properties resulting from the waiver or modification;

(d) Emergency shelter for five (5) to twenty-five (25) persons, not including resident supervisors or staff and their families, subject to the following standards and requirements:

(1) There shall be no other property containing an emergency shelter for seven (7) or more persons in the same square or within a radius of five hundred feet (500 ft.) from any portion of the subject property;

(2) There shall be adequate, appropriately located, and screened off-street parking to provide for the needs of occupants, employees, and visitors to the facility;

(3) The proposed facility shall meet all applicable code and licensing requirements;

(4) The facility shall not have an adverse impact on the neighborhood because of traffic, noise, operations, or the number of similar facilities in the area;

(5) The Board of Zoning Adjustment may approve more than one (1) emergency shelter in a square or within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations; and

(6) The Board of Zoning Adjustment may approve an emergency shelter for more than twenty-five (25) persons, not including resident supervisors or staff and their families, only if the Board of Zoning Adjustment finds that the program goals and objectives of the District of Columbia cannot be achieved by a facility of a smaller size at the subject location and if there is no other reasonable alternative to meet the program needs of that area of the District;

(e) Fast food establishments or food delivery service eating and drinking establishments in any of the MU-4 zones, subject to the following conditions:

If the use is a single tenant in a detached building;

(a) No part of the lot on which the use is located shall be within twenty-five feet (25 ft.) of a R, RF, or RA zone, unless separated therefrom by a street or alley; and

(b) If any lot line of the lot abuts an alley containing a zone district boundary line for a residential zone, a continuous brick wall at least six feet (6 ft.) high and twelve inches (12 in.) thick shall be constructed and maintained on the lot along the length of that lot line. The brick wall shall not be required in the case of a building that extends for the full width of its lot;

(2) Any refuse dumpster used by the establishment shall be housed in a three- (3) sided enclosure equal in height to the dumpster or six feet (6 ft.) high, whichever is greater. The entrance to the enclosure shall include an opaque gate. The entrance shall not face or be within ten feet (10 ft.) of a R, RF, or RA zone;

(3) The use shall not include a drive-through;

(4) The use shall be designed and operated so as not to become objectionable to neighboring properties because of noise, sounds, odors, lights, hours of operation, or other conditions;

(5) The use shall provide sufficient off-street parking, but not less than that required by Subtitle C, Chapter 7 to accommodate the needs of patrons and employees;

(6) The use shall be located and designed so as to create no dangerous or otherwise objectionable traffic conditions; and

(7) The Board of Zoning Adjustment may impose conditions pertaining to design, screening, lighting, soundproofing, off-street parking spaces, signs, method and hours of trash collection, or any other matter necessary to protect adjacent or nearby property;

(f) Gasoline service station to be established or enlarged, or a repair garage not including body and fender work, subject to the following conditions:

(1) The station shall not be located within twenty-five feet (25 ft.) of a residential zone or unless separated from the residential zone by a street or alley;

(2) The operation of the use shall not create dangerous or other objectionable traffic conditions; and

Required parking spaces may be arranged so that not all spaces are accessible at all times. All parking spaces provided under this subsection shall be designed and operated so that sufficient access and maneuvering space is available to permit the parking and removal of any vehicles without moving any other vehicle onto public space;

(g) Health Care facility for sixteen (16) to three hundred (300) persons not including resident supervisors or staff and their families. The Board of Zoning Adjustment may approve more than one health care facility with over three hundred (300) persons and within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations;

(h) Massage establishment that has as a principal use the administration of massages subject to the following conditions:

(1) The establishment shall be compatible with other uses in the area;

(2) The use shall not be objectionable because of its effect on the character of the neighborhood or because of noise, traffic, or other conditions; and

(3) The establishment shall not have an adverse impact on religious, educational, or other institutional facilities located in the area;

(i) Motorcycle sales and repair;

(j) Parking, for uses within this chapter that are located elsewhere than on the lot on which the use is located but within the square in which the principal use is located;

(k) Retail uses, other than large format retail, that do not comply with the conditions for those uses of Subtitle U § 512.1;

(l) Retail, large format, subject to the conditions for that use of Subtitle U § 512.1;

(m) Service uses that are permitted with conditions, that do not comply with the prescribed conditions;

(n) Utility (basic) uses, subject to the requirements for setbacks, screening, or other requirements, as the Board of Zoning Adjustment deems necessary for the protection of neighboring or adjacent property; and

(o) Veterinary boarding hospital subject to the following conditions:

(1) A veterinary boarding hospital may board any animal permitted to be lawfully sold in the District of Columbia, pursuant to § 9(j) of the Animal Control Act of 1970 (D.C. Law 3-30, as amended; D.C. Official Code § 8-1808(j));

(2) No more than fifty percent (50%) of the gross floor area of the veterinary boarding hospital may be devoted to the boarding of animals;

(3) The veterinary boarding hospital shall be located and designated to create no objectionable conditions to adjacent properties resulting from animal noise, odor, or waste;

(4) The veterinary boarding hospital shall not abut an existing residential use or a residential zone; unless the existing residential use is in a mixed-use building and the applicant demonstrates that:

(B) The windows and doors of the space devoted to the veterinary boarding hospital use shall be kept closed, and all doors facing a residential use will be solid core;

(D) Odors will be controlled by means of an air filtration system or an equivalently effective odor control system;

(E) Floor finish material, areas intended to be wet, and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor, shall be impervious and washable;

(5) External yards or other external facilities for the keeping of animals shall not be permitted;

(6) Pet grooming, the sale of pet supplies, and incidental boarding of animals as necessary for convalescence, are permitted as accessory uses; and

(7) The Board of Zoning Adjustment may impose additional requirements as it deems necessary to protect adjacent or nearby properties.

(p) Youth Rehabilitation Home, Adult Rehabilitation Home for one (1) to twenty (20) persons, not including resident supervisors or staff and their families;

There shall be no other lot containing a youth rehabilitation home or adult rehabilitation home use within the square; and

(q) Youth Residential Care Home for sixteen (16) to twenty-five (25) persons not including resident supervisors or staff and their families:

There shall be no other lot containing a youth residential care home within a radius of five hundred feet (500 ft.) from any portion of the lot; and

(r) Any use permitted as a matter of right in MU-Use Group E that does not comply with the required conditions for MU-Use Group E may apply for permission as a special exception except firearms retail sales establishments.

513.2 In the MU-4/RC and MU-5A/RC zones, the uses of this section shall be permitted as a special exception unless prohibited by Subtitle U § 514.3.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 340 (January 13, 2017); as amended by Final Rulemaking published at 65 DCR 12148 (November 2, 2018); as amended by Final Rulemaking published at 67 DCR 11964 (October 16, 2020); as amended by Final Rulemaking published at 68 DCR 2485 (March 5, 2021); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 513

11-U DCMR § 514 PROHIBITED USES (MU USE GROUP E)

514.1 This section prohibits uses otherwise permitted by this chapter as a matter of right or as a special exception.

514.2 In the MU-4/CAP and MU-4/CAP/CHC zones, the following uses are prohibited:

(a) Car wash;

(b) Automobile or truck sales;

(d) Boat or other marine sales;

(e) Drive-in restaurant;

(f) Electric substation or natural gas regulator station;

(g) Gasoline service station as a principal or an accessory use;

(h) Installation of automobile accessories;

(i) Motorcycle sales and repairs;

(j) Parcel delivery service;

(k) Parking lot, parking garage, or public storage garage; and

(l) Public utility pumping station.

514.3 In the MU-4/RC and MU-5A/RC zones, the following uses shall be prohibited:

(a) Antenna tower in excess of twenty feet (20 ft.) in height;

(b) Any use not permitted in the MU-10 zone, except a parking lot as permitted by Subtitle U § 203.1(k);

(d) Automobile laundry;

(e) Automobile or truck sales;

(f) Automobile rental agency that stores or services automobiles within an RC zone;

(g) Bar or cocktail lounge;

(h) Billiard parlor or pool hall;

(i) Boat or other marine sales;

(j) Bowling alley;

(k) Bus passenger depot;

(l) Drive-through;

(m) Funeral mortuary or other similar establishment;

(n) Gasoline service station or repair garage;

(o) Hotel;

(p) Motorcycle sales or repair;

(q) Movie theater;

(r) Off-premises alcoholic beverage sales, except that the off-premises beer and wine sales accessory use in the grocery store located in Square 2572, Lot 36, may continue as a matter of right provided that it shall not occupy more than 2,078 square feet of the store’s gross floor area, and that the off-premises beer and wine sales may be permitted as a matter of right primary or accessory use in Square 2557, Lot 800;

(s) On-premises dry cleaning establishment;

(t) Parcel delivery service establishment other than one exclusively dedicated to serving a sound stage or a movie, video, or television production facility that existed on April 26, 1991, except that a parcel delivery service establishment may be permitted as a matter of right in Square 2557, Lot 800;

(u) Restaurant or fast-food establishment, except that a restaurant may be permitted as a matter of right in Square 2557, Lot 800;

(v) Satellite reception dish greater than fifteen feet (15 ft.) in diameter;

(w) Transient accommodations that are not home occupations;

(x) Veterinary hospital, except that a veterinary hospital may be permitted as a matter of right in Square 2557, Lot 800; and

(y) Video game parlor.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023); as amended by Final Rulemaking published at 73 DCR 008246 (June 5, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 514

11-U DCMR § 515 MATTER-OF-RIGHT USES (MU-USE GROUP F)

515.1 The following uses shall be permitted in MU-Use Group F as a matter of right, subject to any applicable conditions:

(a) Uses permitted as a matter of right in any R, RF, and RA zones and all uses permitted as a matter of right for MU-Use Group E of this chapter;

(b) Amusement enterprise;

(c) College or university that is an academic institution of higher learning, including a college or university hospital, dormitory, fraternity, or sorority house proposed to be located on the campus of a college or university;

(d) Youth Rehabilitation Home and Adult Rehabilitation Home;

(e) Community Residence Facility;

(f) Eating and drinking establishments with no restrictions;

(g) Electronic Equipment Facility (EEF) use under either or both of the following circumstances:

(1) The EEF use occupies no more than twenty-five percent (25%) of the above ground constructed gross floor area of the building; or

(2) The EEF use is located below ground floor;

(h) Emergency shelter;

A gasoline service station, only in the MU-15 zone, provided no portion of the structure or premises shall be located within twenty-five feet (25 ft.) of a R, RF or RA zone unless separated from that R, RF, or RA zone by a street or alley; and;

(j) Health Care Facility;

(k) Laundry or dry cleaning establishment, not exceeding five thousand square feet (5,000 sq. ft.) of gross floor area;

(l) An establishment that has a principal use the administration of massages, only in the MU-9 zone, provided that no portion of the establishment shall be located within two hundred feet (200 ft.) of a R, RF, or RA zone;

(m) Motorcycle sales and repair, only in MU-9 zone provided:

(1) The use and all its accessory facilities shall be located within a building; and

(2) No portion of a building used for motorcycle sales or repair shall be located within fifty feet (50 ft.) of a R, RF, or RA zone or MU-1 or MU-2 zone;

(n) Printing, lithographing, or photoengraving establishment, with no limitation on gross floor area; and

(o) Accessory uses customarily incidental and subordinate to the uses permitted by this section.

(p) Youth Residential Care Home.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 7264 (July 28, 2017); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 68 DCR 2485 (March 5, 2021); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 515

11-U DCMR § 516 SPECIAL EXCEPTION USES (MU-USE GROUP F)

516.1 The following uses shall be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9 and subject to the applicable conditions for each use below:

(a) Any use permitted as a matter of right in MU-Use Group F that does not comply with the required conditions of MU-Use Group F may apply for permission as a special exception, except firearms retail sale establishments;

(b) Animal care and animal sales uses not otherwise permitted as a matter of right or special exception, subject to the following conditions:

(3) Floor finish material, areas intended to be wet, and wall finish materials measured to a minimum height of forty-eight inches (48 in.) from the floor, shall be impervious and washable;

(5) All animal waste shall be placed in closed waste disposal containers and a qualified waste disposal company shall be used to collect and dispose of all animal waste at least weekly;

(6) Odors shall be controlled by means of an air filtration system (for example, High Efficiency Particulate Air (HEPA) filtration) or an equivalently effective odor control system;

(7) The Board of Zoning Adjustment may impose additional requirements pertaining to the location of buildings or other structures, entrances and exits, buffers, banners, and fencing, soundproofing, odor control, waste storage and removal (including frequency), the species and/or number of animals, or other requirements, as the Board deems necessary to protect adjacent or nearby property; and

(8) The Board may waive or modify the conditions of this paragraph upon a determination that there will be no adverse impacts to building residents or tenants, or to adjacent properties resulting from the waiver of modification;

(c) An Electronic Equipment Facility (EEF) use that does not qualify as a matter-of-right EEF use under Subtitle U § 515.1 subject to the requirements of this paragraph:

(1) An EEF shall not occupy more than fifty percent (50%) of the constructed gross floor area of the building, unless approved as part of a planned unit development pursuant to Subtitle X, Chapter 3;

(2) An applicant shall demonstrate, in addition to the requirements Subtitle X, Chapter 9 that the proposed use will not, as a consequence of its design, operation, low employee presence, or proximity to other EEFs, inhibit future revitalization of the neighborhood, reduce the potential for vibrant streetscapes, deplete street life, or inhibit pedestrian or vehicular movement;

(3) In evaluating whether an EEF will have any of the adverse impacts described in this paragraph, the Board of Zoning Adjustment shall consider, in addition to other relevant factors, the:

(A) Absence of retail uses or a design capable of accommodating retail uses in the future;

(B) Presence of security or other elements in the design that could impair street life and pedestrian flow;

(4) The Board of Zoning Adjustment may impose requirements pertaining to design, appearance, landscaping, parking, and other such requirements as it deems necessary to protect adjacent property and to achieve an active, safe, and vibrant street life;

(d) Where not permitted as a matter or right, a gasoline service station to be established or enlarged, or a repair garage not including body or and fender work, subject to the following conditions:

(1) The station shall not be located within twenty-five feet (25 ft.) of a residential zone;

(2) The operation of the use shall not create dangerous or other objectionable traffic conditions; and

(3) Required parking spaces may be arranged so that not all spaces are accessible at all times. All parking spaces provided under this subsection shall be designed and operated so that sufficient access and maneuvering space is available to permit the parking and removal of any vehicles without moving any other vehicle onto public space;

(e) Enlargement of an existing laundry or dry cleaning establishment that contains more than five thousand square feet (5,000 sq. ft.) of gross floor area, subject to the provisions of this paragraph:

(1) Any noise or odor shall not adversely affect the neighborhood;

(2) Dangerous or otherwise objectionable traffic conditions shall not be created; and

(3) The Board of Zoning Adjustment may impose additional requirements as to the location of the building and other structures, the location of equipment, and other requirements as the Board deems necessary to protect adjacent or nearby property;

(f) Where not permitted as a matter of right, any establishment that has as a principal use the administration of massages, subject to the following conditions:

(1) No portion of the establishment shall be located within two hundred feet (200 ft.) of an R, RF, or RA zone;

(2) The establishment shall be compatible with other uses in the area;

(3) The use shall not become objectionable because of its effect on the character of the neighborhood or because of noise, traffic, or other conditions; and

(4) The establishment shall not have an adverse impact on religious, educational, or governmental facilities located in the area;

(g) Public utility pumping station, subject to any requirements pertaining to setbacks or screening, or other requirements the Board of Zoning Adjustment deems necessary for the protection of adjacent or nearby property;

(h) Retail, large format, subject to the conditions of Subtitle U § 511.1(h); and

(i) Sexually-oriented business establishment in any of the MU-9 or MU-15 zones, subject to the following conditions:

(1) No portion of the establishment shall be located within six hundred feet (600 ft.) of any R, RF, RA, MU-1, MU-2, MU-1/DC, MU-2/DC, or MU-2/CAP zone;

(2) No portion of the establishment shall be located within six hundred feet (600 ft.) of a church, school, library, playground, or the area under the jurisdiction of the Commission of Fine Arts pursuant to the Shipstead-Luce Act, approved May 16, 1930 (46 Stat. 366, as amended; D.C. Official Code § 6-611.01 (formerly codified at D.C. Official Code § 5-410 (1994 Repl.)));

(3) No portion of the establishment shall be located within three hundred feet (300 ft.) of any other sexually-oriented business establishment;

(4) There shall be no display of goods or services visible from the exterior of the premises;

(5) The establishment shall be compatible with other uses in the area;

(6) The use shall not become objectionable because of its effect on the character of the neighborhood or because of noise, traffic, or other conditions; and

(7) The establishment shall not have an adverse impact on religious, educational, or governmental facilities located in the area; and

(j) Veterinary boarding hospital subject to the following conditions:

A veterinary boarding hospital may board any animal permitted to be lawfully sold in the District of Columbia, pursuant to § 9(j) of the Animal Control Act of 1970 (D.C. Law 3-30, as amended; D.C. Official Code § 8-1808(j));

(2) No more than fifty percent (50%) of the gross floor area of the veterinary boarding hospital may be devoted to the boarding of animals;

(3) The veterinary boarding hospital shall be located and designated to create no objectionable conditions to adjacent properties resulting from animal noise, odor, or waste;

The building was designed and constructed or will be re-designed and renovated to mitigate noise to limit negative impacts on residential units that the use will abut, including the use of industry standard sound-absorbing materials, such as acoustical floor and ceiling panels, acoustical concrete and masonry, solid core doors, caulking to seal penetrations made in floor slabs for pipes, spray-on noise insulation, and acoustical landscaping;

(B) The windows and doors of the space devoted to the veterinary boarding hospital use shall be kept closed, and all doors facing a residential use will be solid core;

(D) Odors will be controlled by means of an air filtration system or an equivalently effective odor control system;

(E) Floor finish material, areas intended to be wet, and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor, shall be impervious and washable;

(5) External yards or other external facilities for the keeping of animals shall not be permitted;

(6) Pet grooming, the sale of pet supplies, and incidental boarding of animals as necessary for convalescence, are permitted as accessory uses;

(7) The Board of Zoning Adjustment may impose additional requirements as it deems necessary to protect adjacent or nearby properties; and

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 7264 (July 28, 2017); as amended by Final Rulemaking published at 67 DCR 11964 (October 16, 2020); as amended by Errata Notice published at 67 DCR 13125 (November 6, 2020); as amended by Final Rulemaking published at 68 DCR 2485 (March 5, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 516

11-U DCMR § 517 MATTER-OF-RIGHT USES (MU-USE GROUP G)

517.1 The following uses shall be permitted in MU-Use Group G as a matter of right subject to any applicable conditions:

(a) Uses permitted as a matter of right in any R, RF, and RA zones, and all uses permitted as a matter of right for MU-Use Group F of this chapter, unless required as a special exception in Subtitle U § 518 or not permitted by Subtitle U § 519;

(b) Health Care facility for not more than six (6) persons, not including resident supervisors or staff and their families; or for not more than eight (8) persons, including resident supervisors or staff and their families; provided that the number of persons being cared for shall not exceed six (6);

(d) Notwithstanding Subtitle U § 519, the following parking uses shall be permitted:

(1) A temporary surface parking lot accessory to the Ballpark shall be permitted on Squares 603, 605, 657, 660, 661, 662, 662E, 664, 665, 700, 701, 882; and on Square 658, Lot 7; Square 767, Lots 44-47; Square 768, Lots 19-22; and Square 769, Lot 19 and those portions of Lots 18 and 20 within the MU-10 zone, in accordance with Subtitle C § 718. In the event that the cumulative parking limit established in Subtitle C § 718.2 is met, additional temporary surface parking spaces accessory to the Ballpark on Squares 603, 605, 657, 658, 660, 661, 662, 662E, 664, 665, 700, 701, 882; and on Square 767, Lots 44-47; Square 768, Lots 19-22; and Square 658, Lot 7; Square 769, Lot 19 and those portions of Lots 18 and 20 within the MU-10 zone, shall be permitted as a special exception if approved by the Board of Zoning Adjustment pursuant to Subtitle C § 718.7; and

(2) Not subject to any otherwise applicable proximity requirement, a surface parking lot accessory to the Washington Metropolitan Area Transit Authority garage facility located on Square 700, Lot 857, is permitted as a temporary use on:

(3) Square 661, Lot 805, for a period of five (5) years maximum, beginning from the date of issuance of a certificate of occupancy for such use, with the five (5)-year period renewable by the Zoning Commission; and

(4) Square 700, Lot 46, for a period of three (3) years maximum, beginning from the date of issuance of a certificate of occupancy for such use, with the three (3)-year period renewable by the Zoning Commission.

History

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2485 (March 5, 2021). District of Columbia Municipal Regulations Zoning Regulations of 2016: Use Permissions 11-U DCMR § 517

11-U DCMR § 518 SPECIAL EXCEPTION USES (MU-USE GROUP G)

518.1 The following uses shall be permitted if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, subject to the following conditions:

(a) An antenna tower or monopole;

Automobile or motorcycle sales or repair subject to the provisions of this section:

(1) The use shall be located so that it is not objectionable to other uses on the same or neighboring property because of noise, fumes, or other conditions;

(2) The use shall not result in dangerous or otherwise objectionable traffic conditions;

(3) The use and all its accessory facilities, including automobile storage, shall be located within a building;

(4) No portion of a building use for vehicle sales or repair shall be used within fifty feet (50 ft.) of any R, RF, RA MU-1, MU-2, MU-1/DC, MU-2/DC, or MU-2/CAP zone; and

(5) The Board of Zoning Adjustment may impose additional requirements pertaining to location of buildings or other structures, entrances, exits, or soundproofing, or other requirements as the Board deems necessary to protect adjacent or nearby property;

(1) Bowling alley use shall not be within twenty-five feet (25 ft.) of a residential zone unless separated from such district by a street or alley; and

(2) Soundproofing to the extent deemed necessary for the protection of adjoining and nearby property shall be required;

(d) Building service trade, including, but not limited to, plumber, electrician, exterminator, or air conditioning mechanic;

(e) Community Residence Facility for not more than sixteen (16) to twenty-five (25) persons not including resident supervisors or staff and their families:

There shall be no other lot containing community residence facility within five hundred feet (500 ft.) of an existing facility; and

(2) The Board of Zoning Adjustment may approve more than one community residence facility with over twenty-five (25) persons and within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations.

(f) College or university that is an academic institution of higher learning, including a college or university hospital, dormitory, fraternity, or sorority house proposed to be located on the campus of a college or university, subject to the conditions of Subtitle X;

(g) Emergency shelter for five (5) to twenty-five (25) persons, not including resident supervisors or staff and their families, subject to the standards and conditions of Subtitle U § 203.1(h);

(h) Experimental research or testing laboratory;

(i) Health care facility for sixteen (16) to three hundred (300) persons, not including resident supervisors or staff and their families, subject to the standards and conditions of Subtitle U § 203.1(k);

(j) Hospital or clinic use, if the Board of Zoning Adjustment considers that this use is appropriate in furthering the objectives of the zone, subject to the provisions of this section:

(1) The hospital or clinic use shall be located so that it is not likely to become objectionable to surrounding and nearby property because of noise, traffic, or parking;

(2) There shall be a demonstrated need for the facility;

(3) The applicant shall submit to the Board of Zoning Adjustment a detailed plan for the hospital or clinic and accessory facilities, showing the following:

(A) Location, height, and bulk of all improvements, including but not limited to buildings, parking and loading facilities, screening, signs, and public utility facilities;

(B) A description of the activities to be carried on at the hospital or clinic, including the capacities of the various facilities within the hospital or clinic; and

(C) Before taking final action on an application for hospital or clinic use, the Board of Zoning Adjustment shall refer the application to the Office of Planning for coordination, review, and report, including review and report by the Department of Human Services on the need for the facility as well as the specific design of the facility and the District Department of Transportation;

(k) Light manufacturing, processing, fabricating, or milling, subject to the provisions of this section:

(1) The use shall comply with the standards of external effects for PDR zones and shall have no adverse effects on other uses on the same or adjoining properties;

(2) The use shall not result in dangerous or otherwise objectionable traffic conditions;

(3) There shall be adequate off-street parking for trucks and other service vehicles;

(4) There shall be no outdoor storage of materials; and

(5) The Board of Zoning Adjustment may impose requirements pertaining to design, appearance, or screening, or any other requirements that it deems necessary for the protection of neighboring or adjacent property;

(l) A Metropolitan Police Department vehicle maintenance facility or equestrian unit, subject to the condition that it be located so that it is not likely to become objectionable to adjoining or nearby property because of noise or fumes;

(m) Retail, large format, subject to the conditions of Subtitle U § 511.1(h);

(n) Utility (basic), subject to the provisions of this section:

(1) Any new construction of a freestanding structure used primarily for the purpose of housing an optical transmission node shall be subject to the following:

(A) The structure shall be built to appear compatible with surrounding construction, including exterior building material, fenestration, and landscaping; and

(B) There shall be no advertisement on the structure; and

(2) The Board of Zoning Adjustment may impose any requirements for setbacks, screening, or other safeguards that it deems necessary for protection of the neighborhood;

(o) Veterinary boarding hospital, subject to the following conditions: