1. business and industrial
2. company
3. bankruptcy

Cover Sheet – ZRR Draft Text for Task Force Review – March 20, 2012
Subtitle E
This document has been prepared by the DC Office of Planning (DCOP) as part of the Zoning Regulations
Review (ZRR).
This document is a DRAFT for review by the Zoning Update Task Force. The draft regulations will be
subject to several stages of public comment, and eventual review by the Zoning Commission at public
hearings. The draft regulations may undergo significant change as a result of public comment, additional
research by the Office of Planning, and the Zoning Commission’s decisions.
This document is a draft of Subtitle E of the proposed zoning code. Subtitle E includes regulations
specific to Apartment (A) and Apartment Transit (AT) zones. This is a reorganization from the earlier
proposed framework of the new code, which placed Apartment and Apartment Transit zones in two
different subtitles. After careful study of the code organization that resulted from separating these
zones into two subtitles, as well as comments from members of the Task Force and the public, OP has
determined that combining A and AT zones into one subtitle will make the code easier to use and
reduce repetition. A similar reorganization is proposed for the Mixed-Use and Mixed-Use Transit zones.
The A and AT zones allow all types of residential development, including apartments, along with other
compatible land uses. In the current zoning regulations, these are the R-5 zones. As part of the
reorganization of the zoning code, DCOP is proposing that these zones be renamed to better fit the new
organization. For ease of reference, this draft includes both the current zone names and the proposed
zone names. Information on the system for naming zones can be found in the draft of Subtitle A.
This draft, dated March 20, 2012, makes a few changes and corrections to the Task Force draft of the
earlier version of Subtitle E released on February 17, 2012. Among the changes:
Apartments in the current R-5-A zones (renamed in this draft to A-1-A, AT-1-A, and A-2-A): The
conditions for special exception review were poorly organized in the earlier draft. These
conditions (and references to them) have been reorganized.
Non-residential uses and home occupations: We have added a process to allow certain
conditions to be waived by special exception, while clarifying that other conditions (such as the
owner-occupation requirement for home occupations) can NOT be waived.
Accessory dwellings: The earlier version allowed an accessory dwelling unit in an accessory
building in all Apartment zones. Upon review, OP has determined that it would be more
consistent to treat this as permission for a full-scale dwelling unit. Section 311 (Conditions for
Dwelling Units) has been updated accordingly.
OP, the Task Force, and members of the public have identified several other typographical errors and
issues needing clarification in the Jan. 31 and Feb. 17 drafts. OP is compiling a list of these, and
additional corrections will be made.
For more information about the ZRR, please visit www.dczoningupdate.org.
ZRR Draft Text for Taskforce Review
March 23, 2012
Subtitle E Regulations for Apartment and Apartment Transit Zones
Subtitle E
Regulations for Apartment and Apartment Transit Zones ........................................ 1
Chapter 1 Apartment and Apartment Transit Zone Regulations ................................................ 2
Chapter 2 Zone Reference Tables for Apartment and Apartment Transit Zones ....................... 4
Chapter 3 Purpose Statements and Development Standards for Apartment and Apartment
Transit Zones .............................................................................................................................. 7
Chapter 4 Use Categories for Apartment and Apartment Transit Zones .................................. 28
Chapter 5 Development Regulations for Accessory Buildings in Apartment and Apartment
Transit Zones ............................................................................................................................ 45
Chapter 6 Accessory Dwelling Unit Regulations ..................................................................... 46
Chapter 7 Regulations for Alley Lots in Apartment and Apartment Transit zones.................. 47
Chapter 8 Parking Regulations In Apartment and Apartment Transit Zones ........................... 51
Chapter 9 Planned Development Regulations For Apartment and Apartment Transit zones .. 54
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CHAPTER 1 APARTMENT AND APARTMENT TRANSIT ZONE REGULATIONS
100
INTRODUCTION
100.1
The purpose of the Apartment (A) and Apartment Transit (AT) zones is to provide for
stable moderate to high density residential areas suitable for multi-family
development, and supporting uses.
100.2
The provisions of this subtitle are intended to:
(a)
Provide regulations for the orderly development and use of land and structures
in areas characterized by predominantly moderate to high-density residential
uses.
(b)
Permit flexibility by allowing all types of residential development;
(c)
Promote stable residential areas while permitting a variety of types of urban
residential neighborhoods;
(d)
Promote a walkable living environment;
(e)
Allow limited non-residential uses that are compatible with adjoining
residential uses;
(f)
Encourage compatibility between the location of new buildings or
construction and the existing neighborhood; and
(g)
For the Apartment Transit zones, to:
(1)
Ensure that buildings and site plans, around Metrorail stations,
streetcar lines, and high-service bus corridors are oriented to
encourage active use of public transportation; and
(2)
Be mapped generally within one-half (1/2) mile of Metro stations or
one-quarter (1/4) mile of streetcar or high service bus corridors.
101
RELATIONSHIP TO GENERAL SUBTITLES
101.1
This subtitle is to be read and applied in addition to, and not instead of, the
regulations included as a part of:
101.2
(a)
Subtitle A, Administration and Procedures;
(b)
Subtitle B, General Regulations; and
(c)
Subtitle C, Review Processes.
When a provision of this subtitle modifies or supersedes a provision contained in
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Subtitle B or Subtitle C, the modifying or superseding provision shall govern.
101.3
Any changes to the regulations regarding A and AT zones shall be made in
accordance with Subtitle A, Administration and Procedures.
101.4
Where there is a conflict between this subtitle and the regulations of Subtitle B or
Subtitle C regarding the same regulatory topic, this subtitle shall govern.
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CHAPTER 2 ZONE REFERENCE TABLES FOR APARTMENT AND APARTMENT
TRANSIT ZONES
200
ZONE REFERENCE TABLES
200.1
The zone reference tables of E § 200.7 identify all zoning regulatory topics applicable
to A and AT zones.
200.2
Where a cell contains no reference, the regulatory topic does not apply to the zone.
200.3
The general regulations of Subtitle B shall apply to all zones, whether referenced or
not within a zone reference table.
200.4
References included within the zone reference table to Subtitle B or C indicate that
only the general regulations of a regulatory topic are applicable to a zone.
200.5
A reference included within a zone reference table solely to Subtitle E indicates that
both the applicable regulations of Subtitle B and Subtitle E are applicable to a zone.
200.6
If the zone reference table refers to a specific section or subsection within Subtitle E,
any general regulations in the chapter containing the section or subsection also apply.
200.7
The tables below reference regulations applicable to A and AT zones:
REGULATORY TOPICS
Development Standards and Purposes
Use Permissions
Accessory Buildings
Accessory Dwelling Units
Alley Lots
Inclusionary Zoning
Parking, Automobile
Bicycle Parking
Loading
Planned Developments
Waterfront Regulations
Antenna Regulations
A-1-A
(R5A)
E § 301.1
E Ch. 4
E Ch. 5
E Ch. 6
E Ch. 7
B Ch. 18
E Ch. 8
B Ch. 16
B Ch. 17
C Ch. 8
B Ch. 22
B Ch. 24
E-4
AT-1-A
(R5A)
E § 301.1
E Ch. 4
E Ch. 5
E Ch. 6
E Ch. 7
B Ch. 18
E Ch. 8
B Ch. 16
B Ch. 17
C Ch. 8
B Ch. 22
B Ch. 24
ZONES
A-2-A
A-3-B
(NO/R5A)
(R5B)
E § 301.2 E § 301.3
E Ch. 4
E Ch. 4
E Ch. 5
E Ch. 5
E Ch. 6
E Ch. 6
E Ch. 7
E Ch. 7
B Ch. 18
B Ch. 18
E Ch. 8
E Ch. 8
B Ch. 16
B Ch. 16
B Ch. 17
B Ch. 17
E § 901.1
C Ch. 8
B Ch. 22
B Ch. 24
B Ch. 24
AT-3-B
(R5B)
E § 301.3
E Ch. 4
E Ch. 5
E Ch. 6
E Ch. 7
B Ch. 18
E Ch. 8
B Ch. 16
B Ch. 17
C Ch. 8
B Ch. 22
B Ch. 24
ZRR Draft Text for Taskforce Review
REGULATORY TOPICS
Development Standards and
Purposes
Use Permissions
Accessory Buildings
Accessory Dwelling Units
Alley Lots
Inclusionary Zoning
Parking, Automobile
Bicycle Parking
Loading
Planned Developments
Waterfront Regulations
Antenna Regulations
March 23, 2012
AT-4-B
(DC/R5B)
ZONES
AT-5-C
(CAP/R5B)
AT-6-D
(RC/R5B)
A-7-E
(R5C)
E § 301.4
E § 301.5
E § 301.6
E § 301.7
E Ch. 4
E Ch. 5
E Ch. 6
E Ch. 7
B Ch. 18
E Ch. 8
B Ch. 16
B Ch. 17
E Ch. 9
B Ch. 24
E Ch. 4
E Ch. 5
E Ch. 6
E Ch. 7
B Ch. 18
E Ch. 8
B Ch. 16
B Ch. 17
C Ch. 8
B Ch. 22
B Ch. 24
E Ch. 4
E Ch. 5
E Ch. 6
E Ch. 7
B Ch. 18
E Ch. 8
B Ch. 16
B Ch. 17
C Ch. 8
B Ch. 24
E Ch. 4
E Ch. 5
E Ch. 6
E Ch. 7
B Ch. 18
E Ch. 8
B Ch. 16
B Ch. 17
C Ch. 8
B Ch. 22
B Ch. 24
ZONES
REGULATORY TOPICS
Development Standards and
Purposes
Use Permissions
Accessory Buildings
Accessory Dwelling Units
Alley Lots
Inclusionary Zoning
Parking, Automobile
Bicycle Parking
Loading
Planned Developments
Waterfront Regulations
Antenna Regulations
AT-7-E
(R5C)
A-8-F
(R5D)
AT-8-F
(R5D)
AT-9-F
(DC/R5D)
E § 301.7
E § 301.8
E § 301.8
E § 301.9
E Ch. 4
E Ch. 5
E Ch. 6
E Ch. 7
B Ch. 18
E Ch. 8
B Ch. 16
B Ch. 17
C Ch. 8
B Ch. 22
B Ch. 24
E Ch. 4
E Ch. 5
E Ch. 6
E Ch. 7
B Ch. 18
E Ch. 8
B Ch. 16
B Ch. 17
C Ch. 8
B Ch. 22
B Ch. 24
E Ch. 4
E Ch. 5
E Ch. 6
E Ch. 7
B Ch. 18
E Ch. 8
B Ch. 16
B Ch. 17
C Ch. 8
B Ch. 22
B Ch. 24
E Ch. 4
E Ch. 5
E Ch. 6
E Ch. 7
B Ch. 18
E Ch. 8
B Ch. 16
B Ch. 17
E Ch. 9
B Ch. 24
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REGULATORY TOPICS
Development Standards and
Purposes
Use Permissions
Accessory Buildings
Accessory Dwelling Units
Alley Lots
Inclusionary Zoning
Parking, Automobile
Bicycle Parking
Loading
Planned Developments
Waterfront Regulations
Antenna Regulations
March 23, 2012
A-10-F
(R5E)
ZONES
AT-11-F
AT-10-F
(R5E)
(DC/R5E)
E § 301.10
E § 301.10
E § 301.11
E Ch. 4
E Ch. 5
E Ch. 6
E Ch. 7
B Ch. 18
E Ch. 8
B Ch. 16
B Ch. 17
C Ch. 8
B Ch. 22
B Ch. 24
E Ch. 4
E Ch. 5
E Ch. 6
E Ch. 7
B Ch. 18
E Ch. 8
B Ch. 16
B Ch. 17
C Ch. 8
B Ch. 22
B Ch. 24
E Ch. 4
E Ch. 5
E Ch. 6
E Ch. 7
B Ch. 18
E Ch. 8
B Ch. 16
B Ch. 17
E Ch. 9
B Ch. 24
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CHAPTER 3 PURPOSE STATEMENTS AND DEVELOPMENT STANDARDS FOR
APARTMENT AND APARTMENT TRANSIT ZONES
300
INTRODUCTION
300.1
This chapter provides:
(a)
Purpose statements for each A and AT zone;
(b)
Development regulations and standards intended to:
(c)
300.2
(1)
Control the bulk or volume of structures, including height, floor-area
ratio, and lot occupancy;
(2)
Control the location of building bulk in relation to adjacent lots and
streets, by regulating rear setbacks, side setbacks, and the relationship
of buildings to street lot lines;
(3)
Regulate the mixture of uses; and
(4)
Ensure the environmental performance of development.
Rules of measurement and conditions for zone-specific development
standards.
A development standards table is provided for each A and AT zone. Each table of
this section:
(a)
Identifies regulatory topics;
(b)
Prescribes development standards in the Standards or Permissions column;
(c)
Provides references to applicable rules of measurement in the Zone
Measurement Rules column;
(d)
Provides applicable conditions in the Zone Conditions column; and
(e)
Provide references to applicable general regulations in the Subtitle B General
Regulations column.
300.3
Applicable development standards tables are identified in the zone reference tables
within Chapter 2 of this subtitle and are listed in this section.
300.4
The development standards of Subtitle B apply to all zones. The development
standards for A and AT zones in this subtitle are zone-specific.
300.5
Where no reference is provided in a Zone Measurement Rules column, the general
provisions of Subtitle B will apply.
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300.6
Where no reference is provided in a Zone Conditions column, there are no special
conditions pertaining to that regulatory topic applicable to that zone
301
PURPOSE STATEMENTS AND DEVELOPMENT STANDARDS TABLES
FOR RESIDENTIAL TRANSIT (AT) ZONES
301.1
The A and AT-1 zones: (R5A)
301.2
(a)
Are intended to provide for areas predominately developed with low to
moderate-density development, including detached dwellings,
rowhouses, and low-rise apartments; and
(b)
Shall be developed in accordance with the regulations of the following
development standards table:
ZONE
MEASUREMENT
RULES
ZONE
CONDITIONS
See E § 303.1
See E § 305.1
40 ft. max.
40 ft. max.
0.9 max.
1.1 max.
See E § 311.2
40% max.
40% max.
not applicable
not applicable
-
E § 303.1
E § 305.1
E § 307.1
E § 307.1
E § 309.1
-
E § 311.2
E § 313.1
-
Chapter 3
Chapter 3
Chapter 7
Chapter 18
Chapter 9
Chapter 18
Chapter 8
Chapter 10
Chapter 18
Chapter 4
Chapter 4
Side Setback
not required
-
E § 319.1
Chapter 5
Rear Setback
Courtyards
GAR
15 ft. min.
see Subtitle B
0.4
-
E § 321.1
-
Chapter 6
Chapter 12
Chapter 13
REGULATORY TOPIC
STANDARD OR
PERMISSION
Lot area for subdivision
Lot width for subdivision
Height – w/o IZ
Height – with IZ
FAR – Total w/o IZ
FAR – Total with IZ
Dwelling Units
Lot Occupancy – w/o IZ
Lot Occupancy – with IZ
Front Setback
Front Build-to
SUBTITLE B
GENERAL
REGS.
The A-2 zone: (R-5-A/NO)
(a)
Is intended to provide for areas predominately developed with low to
moderate-density development, including detached dwellings, rowhouses, and
low-rise apartments in the vicinity of the U.S. Naval Observatory, and to:
(1)
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;
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(b)
301.3
March 23, 2012
(2)
Ensure that public land within the zone is used in a manner consistent
with the historic or ceremonial importance and special mission of the
Naval Observatory;
(3)
Reflect the importance of the Naval Observatory to the District of
Columbia and the Nation;
(4)
Reduce or eliminate any possible harm or restrictions on the mission
of the Federal establishment within the zone; and
(5)
Provide additional controls on private land, in order to protect Federal
interest concerns, including the critical scientific mission performed at
the Naval Observatory and the security needs of the Vice-President's
residence.
Shall be developed in accordance with the following development standards
table:
REGULATORY TOPIC
STANDARD OR
PERMISSION
ZONE
MEASUREMENT
RULES
ZONE
CONDITIONS
SUBTITLE B
GENERAL
REGS.
Lot area for subdivision
Lot width for subdivision
Height – w/o IZ
Height – with IZ
FAR – Total w/o IZ
FAR –Total with IZ
Dwelling Units
Lot Occupancy – w/o IZ
Lot Occupancy - with IZ
Front Setback
Front Build-to
See E § 303.1
See E § 305.1
40 ft. max.
40 ft. max.
0.9 max.
1.1 max.
See E § 311.2
40% max.
40% max.
not applicable
not applicable
E § 306.1
E § 306.1
-
E § 303.1
E § 305.1
E § 307.1
E § 307.1
E § 309.1
E § 311.2
E § 313.1
-
Chapter 3
Chapter 3
Chapter 7
Chapter 18
Chapter 9
Chapter 18
Chapter 8
Chapter 10
Chapter 18
Chapter 4
Chapter 4
Side Setback
not required
-
E § 319.1
Chapter 5
Rear Setback
Courtyards
GAR
15 ft. min.
see Subtitle B
0.4
-
E § 321.1
-
Chapter 6
Chapter 12
Chapter 13
The A-3 and AT-3 zones: (R5B)
(a)
Are intended provide for areas developed with predominately moderate
and medium-density rowhouses and apartments; and
(b)
Shall be developed in accordance with regulations of the following
development standards table:
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301.4
March 23, 2012
ZONE
MEASUREMENT
RULES
ZONE
CONDITIONS
not applicable
not applicable
50 ft. max.
50 ft. max.
1.8 max.
2.2 max.
See E § 311.1
60% max.
60% max.
not applicable
not applicable
-
E § 307.2
E § 307.2
E § 309.2
-
E § 311.1
E § 313.2
-
Chapter 3
Chapter 3
Chapter 7
Chapter 18
Chapter 9
Chapter 18
Chapter 8
Chapter 10
Chapter 18
Chapter 4
Chapter 4
Side Setback
not required
-
E § 319.1
Chapter 5
Rear Setback
Courtyards
GAR
15 ft. min.
see Subtitle B
0.4
-
E § 321.1
-
Chapter 6
Chapter 12
Chapter 13
REGULATORY TOPIC
STANDARD OR
PERMISSION
Lot area for subdivision
Lot width for subdivision
Height – w/o IZ
Height –with IZ
FAR – Total w/o IZ
FAR – Total with IZ
Dwelling Units
Lot Occupancy – w/o IZ
Lot Occupancy – with IZ
Front Setback
Front Build-to
SUBTITLE B
GENERAL
REGS.
The AT-4 zone: (DC/R5B)
(a)
Is intended to provide for areas developed with predominately moderate
and medium-density rowhouses and apartments, and to:
(1)
Require a scale of development consistent with the nature and
character of the Dupont Circle area in height and bulk and ensure a
general compatibility in the scale of new buildings with older, low
scale buildings;
(2)
Enhance the residential character of the area by maintaining existing
residential uses and controlling the scale, location, and density of
commercial and residential development;
(3)
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. Code §§ 5-1001
to 5-1015 (1994 and 1999 Supp.))); and
(4)
Encourage greater use of public transportation and the free circulation
of vehicles through public streets and alleys.
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(b)
301.5
March 23, 2012
Shall be developed in accordance with the regulations of the following
development standards table:
ZONE
MEASUREMENT
RULES
ZONE
CONDITIONS
not applicable
not applicable
50 ft. max.
50 ft. max.
1.8 max.
2.2 max.
See E § 311.1
60% max.
60% max.
not applicable
not applicable
-
E § 307.2
E § 307.2
E § 309.2
-
E § 311.1
E § 313.2
-
Chapter 3
Chapter 3
Chapter 7
Chapter 18
Chapter 9
Chapter 18
Chapter 8
Chapter 10
Chapter 18
Chapter 4
Chapter 4
Side Setback
not required
-
E § 319.1
Chapter 5
Rear Setback
Courtyards
GAR
15 ft. min.
see Subtitle B
0.4
-
E § 321.1
-
Chapter 6
Chapter 12
Chapter 13
REGULATORY TOPIC
STANDARD OR
PERMISSION
Lot area for subdivision
Lot width for subdivision
Height – w/o IZ
Height –with IZ
FAR – Total w/o IZ
FAR – Total with IZ
Dwelling Units
Lot Occupancy – w/o IZ
Lot Occupancy – with IZ
Front Setback
Front Build-to
SUBTITLE B
GENERAL
REGS.
The AT-5 zone: (CAP/R5B)
(a)
Is intended to provide for areas developed with predominately moderate
and medium-density rowhouses and apartments, and to;
(1)
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, and in accordance with the plan submitted to the Congress
pursuant to the Act;
(2)
Ensure that the land use controls embodied in these zones which focus
on lands adjacent to the U.S. Capitol reflect the importance of this area
to the District and the nation;
(3)
Control land use, and the height and bulk of buildings, and provide
particular regulations adjacent to properties having an obvious and
well-recognized general public interest;
(4)
Provide sufficient regulation for the conservation of the areas south of
the U.S. Capitol and the historic residential district to the east of the
U.S. Capitol; and
(5)
Restrict certain permitted uses in the area to protect and reduce the
possibility of harming certain sites, areas, or buildings; and
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(b)
301.6
March 23, 2012
Shall be developed in accordance with regulations of the following
development standards table:
ZONE
MEASUREMENT
RULES
ZONE
CONDITIONS
not applicable
not applicable
40 ft. max.
40 ft. max.
1.8 max.
2.2 max.
not applicable
60% max.
60% max.
not applicable
not applicable
-
E § 307.3
E § 307.3
E § 309.2
-
E § 313.2
-
Chapter 3
Chapter 3
Chapter 7
Chapter 18
Chapter 9
Chapter 18
Chapter 8
Chapter 10
Chapter 18
Chapter 4
Chapter 4
Side Setback
not required
-
E § 319.1
Chapter 5
Rear Setback
Courtyards
GAR
15 ft. min.
see Subtitle B
0.4
-
E § 321.1
-
Chapter 6
Chapter 12
Chapter 13
REGULATORY TOPIC
STANDARD OR
PERMISSION
Lot area for subdivision
Lot width for subdivision
Height – w/o IZ
Height –with IZ
FAR – Total w/o IZ
FAR – Total with IZ
Dwelling Units
Lot Occupancy – w/o IZ
Lot Occupancy – with IZ
Front Setback
Front Build-to
SUBTITLE B
GENERAL
REGS.
The AT-6 zone: (RC/R5B)
(a)
Is intended to:
(1)
Provide for areas developed with predominately moderate and
medium-density rowhouses and apartments;
(2)
Encourage new residential development and small-scale business
development that serve the local community while minimizing the
potential traffic, parking, environmental, social, and aesthetic impacts
on the adjacent and nearby residential community;
(3)
Limit permitted heights and densities; and
(b)
Shall be developed in accordance with regulations of the following
development standards table:
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301.7
March 23, 2012
REGULATORY TOPIC
STANDARD OR
PERMISSION
ZONE
MEASUREMENT
RULES
ZONE
CONDITIONS
SUBTITLE B
GENERAL
REGS.
Lot area for subdivision
Lot width for subdivision
Height – w/o IZ
Height –with IZ
FAR – Total w/o IZ
FAR – Total with IZ
Dwelling Units
Lot Occupancy – w/o IZ
Lot Occupancy – with IZ
Front Setback
Front Build-to
not applicable
not applicable
50 ft. max.
50 ft. max.
1.8 max.
2.2 max.
See E § 311.1
60% max.
60% max.
not applicable
not applicable
-
E § 307.2
E § 307.2
E § 309.2
E § 311.1
E § 313.2
-
Chapter 3
Chapter 3
Chapter 7
Chapter 18
Chapter 9
Chapter 18
Chapter 8
Chapter 10
Chapter 18
Chapter 4
Chapter 4
Side Setback
not required
-
E § 319.1
Chapter 5
Rear Setback
Courtyards
GAR
15 ft. min.
see Subtitle B
0.4
-
E § 321.1
-
Chapter 6
Chapter 12
Chapter 13
The A-7 and AT-7 zones: (R5C)
(a)
Are intended to provide for areas developed with predominately
moderate to medium density apartments; and
(b)
Shall be developed in accordance with the regulations of the following
development standards table:
REGULATORY TOPIC
STANDARD OR
PERMISSION
ZONE
MEASUREMENT
RULES
ZONE
CONDITIONS
SUBTITLE B
GENERAL
REGS.
Lot area for subdivision
Lot width for subdivision
Height – w/o IZ
Height – with IZ
FAR: Total w/o IZ
FAR: Total with IZ
Dwelling Units
Lot Occupancy – w/o IZ
Lot Occupancy – with IZ
Front Setback
Front Build-to
not regulated
not regulated
60 ft. max.
60 ft. max.
3.0 max.
3.6 max.
See E § 311.1
75% max.
75% max.
not regulated
not regulated
-
E § 307.1
E § 307.1
E § 309.3
E § 311.1
E § 313.2
-
Chapter 3
Chapter 3
Chapter 7
Chapter 18
Chapter 9
Chapter 18
Chapter 8
Chapter 10
Chapter 18
Chapter 4
Chapter 4
Side Setback
not required
-
E § 319.1
Chapter 5
Rear Setback
Courtyards
GAR
15 ft. min.
see Subtitle B
0.3
-
E § 321.1
-
Chapter 6
Chapter 12
Chapter 13
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301.8
301.9
March 23, 2012
The A-8 and AT-8 zones: (R5D)
(a)
Are intended to provide for areas developed with predominately medium
to high-density apartments; and
(b)
Shall be developed in accordance with the regulations of the following
development standards table:
REGULATORY TOPIC
STANDARD OR
PERMISSION
ZONE
MEASUREMENT
RULES
ZONE
CONDITIONS
SUBTITLE B
GENERAL
REGS.
Lot area for subdivision
Lot width for subdivision
Height – w/o IZ
Height – with IZ
FAR: Total w/o IZ
FAR: Total with IZ
Dwelling Units
Lot Occupancy – w/o IZ
Lot Occupancy – with IZ
Front Setback
Front Build-to
not applicable
not applicable
90 ft. max.
90 ft. max.
3.6 max.
4.2 max.
See E § 311.1
75% max.
75% max.
not applicable
not applicable
-
E § 309.3
E § 311.1
E § 313.2
-
Chapter 3
Chapter 3
Chapter 7
Chapter 18
Chapter 9
Chapter 18
Chapter 8
Chapter 10
Chapter 18
Chapter 4
Chapter 4
Side Setback
not required
-
E § 319.1
Chapter 5
Rear Setback
Courtyards
GAR
15 ft. min.
see Subtitle B
0.3
-
E § 321.1
-
Chapter 6
Chapter 12
Chapter 13
The AT-9 zone: (DC/R5D)
(a)
Is intended to provide for areas developed with predominately medium/
to high-density apartments, and to:
(1)
Require a scale of development consistent with the nature and
character of the Dupont Circle area in height and bulk and ensure a
general compatibility in the scale of new buildings with older, low
scale buildings;
(2)
Enhance the residential character of the area by maintaining existing
residential uses and controlling the scale, location, and density of
commercial and residential development;
(3)
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. Code §§ 5-1001
to 5-1015 (1994 and 1999 Supp.))); and
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ZRR Draft Text for Taskforce Review
(4)
(b)
March 23, 2012
Encourage greater use of public transportation and the free circulation
of vehicles through public streets and alleys; and
Shall be developed in accordance with the regulations of the following
development standards table:
REGULATORY TOPIC
STANDARD OR
PERMISSION
ZONE
MEASUREMENT
RULES
ZONE
CONDITIONS
SUBTITLE B
GENERAL
REGS.
Lot area for subdivision
Lot width for subdivision
Height – w/o IZ
Height – with IZ
FAR: Total w/o IZ
FAR: Total with IZ
Dwelling Units
Lot Occupancy – w/o IZ
Lot Occupancy – with IZ
Front Setback
Front Build-to
not applicable
not applicable
90 ft. max.
90 ft. max.
3.6 max.
4.2 max.
See E § 311.1
75% max.
75% max.
not applicable
not applicable
-
E § 309.3
E § 311.1
E § 313.2
-
Chapter 3
Chapter 3
Chapter 7
Chapter 18
Chapter 9
Chapter 18
Chapter 8
Chapter 10
Chapter 18
Chapter 4
Chapter 4
Side Setback
not required
-
E § 319.1
Chapter 5
Rear Setback
Courtyards
GAR
15 ft. min.
see Subtitle B
0.3
-
E § 321.1
-
Chapter 6
Chapter 12
Chapter 13
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ZRR Draft Text for Taskforce Review
301.10
301.11
March 23, 2012
The A-10 and AT-10 zones: (R5E)
(a)
Are intended to provide for areas developed with predominately highdensity apartments; and
(b)
Shall be developed in accordance with the regulations of the following
development standards table:
REGULATORY TOPIC
STANDARD OR
PERMISSION
ZONE
MEASUREMENT
RULES
ZONE
CONDITIONS
SUBTITLE B
GENERAL
REGS.
Lot area for subdivision
Lot width for subdivision
Height – w/o IZ
Height – with IZ
FAR: Total w/o IZ
FAR: Total with IZ
Dwelling Units
Lot Occupancy – w/o IZ
Lot Occupancy – with IZ
Front Setback
Front Build-to
not applicable
not applicable
90 ft. max.
90 ft. max.
6.0 max.
7.2 max.
not applicable
75% max.
90% max.
not applicable
not applicable
-
E § 309.3
E § 313.2
-
Chapter 3
Chapter 3
Chapter 7
Chapter 18
Chapter 9
Chapter 18
Chapter 8
Chapter 10
Chapter 18
Chapter 4
Chapter 4
Side Setback
not required
-
E § 319.1
Chapter 5
Rear Setback
Courtyards
GAR
15 ft. min.
see Subtitle B
0.3
-
E § 321.1
-
Chapter 6
Chapter 12
Chapter 13
The AT-11 zone: (DC/R5E)
(a)
Is intended to provide for areas developed with predominately highdensity apartments, and to:
(1)
Require a scale of development consistent with the nature and
character of the Dupont Circle area in height and bulk and ensure a
general compatibility in the scale of new buildings with older, low
scale buildings;
(2)
Enhance the residential character of the area by maintaining existing
residential uses and controlling the scale, location, and density of
commercial and residential development;
(3)
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. Code §§ 5-1001
to 5-1015 (1994 and 1999 Supp.))); and
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ZRR Draft Text for Taskforce Review
(4)
(b)
March 23, 2012
Encourage greater use of public transportation and the free circulation
of vehicles through public streets and alleys.
Shall be developed in accordance with the regulations of the following
development standards table:
REGULATORY TOPIC
STANDARD OR
PERMISSION
ZONE
MEASUREMENT
RULES
ZONE
CONDITIONS
SUBTITLE B
GENERAL
REGS.
Lot area for subdivision
Lot width for subdivision
Height – w/o IZ
Height – with IZ
FAR: Total w/o IZ
FAR: Total with IZ
Dwelling Units
Lot Occupancy – w/o IZ
Lot Occupancy – with IZ
Front Setback
Front Build-to
not applicable
not applicable
90 ft. max.
90 ft. max.
6.0 max.
7.2 max.
See E § 311.1
75% max.
90% max.
not applicable
not applicable
-
E § 309.3
E § 311.1
E § 313.2
-
Chapter 3
Chapter 3
Chapter 7
Chapter 18
Chapter 9
Chapter 18
Chapter 8
Chapter 10
Chapter 18
Chapter 4
Chapter 4
Side Setback
not required
-
E § 319.1
Chapter 5
Rear Setback
Courtyards
GAR
15 ft. min.
see Subtitle B
0.3
-
E § 321.1
-
Chapter 6
Chapter 12
Chapter 13
302
LOT AREA MEASUREMENT
302.1
Reserved.
303
CONDITIONS ON LOT AREA REGULATIONS
303.1
Lot area for Residential uses permitted by special exception pursuant to E § 403.10
shall be as prescribed by the Board of Zoning Adjustment.
304
LOT WIDTH MEASUREMENT
304.1
Reserved.
305
CONDITIONS ON LOT WIDTH REGULATIONS
305.1
Lot width for Residential uses permitted by special exception pursuant to E § 403.10
shall be as prescribed by the Board of Zoning Adjustment.
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March 23, 2012
306
HEIGHT MEASUREMENT
306.1
If a zone is subject to this subsection:
(a)
(b)
The starting point for the measurement of height shall be determined by the
mean elevation of two points:
(1)
The first point shall be the middle of any street lot line of the lot.
(2)
The second point shall be established by drawing a line perpendicular
from the point in subparagraph (1) into the lot until it intersects
another lot line. This point of intersection shall be the second point;
and
The height of a building shall be measured to the highest point of the roof or
parapet.
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March 23, 2012
307
CONDITIONS ON HEIGHT
307.1
If a zone is subject to this subsection:
(a)
A building or other structure shall be permitted a height of ninety feet (90 ft.)
maximum, 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 existing grade.
(b)
A building or structure for an Institutional use shall be permitted a height of
ninety feet (90 ft.) maximum, 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 foot of height in excess of that authorized in the district in which it is
located.
(c)
A place of worship shall be permitted a height of sixty feet (60 ft.) maximum.
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ZRR Draft Text for Taskforce Review
307.2
307.3
March 23, 2012
(d)
A building or structure for a Parks and Recreation use shall be permitted a
height of forty-five feet (45 ft.) maximum.
(e)
A public school shall be permitted a height of ninety feet (90 ft.) maximum.
If a zone is subject to this subsection:
(a)
All provisions of § 307.1 shall apply.
(b)
A college or university building or structure covered by an approved campus
plan may be erected to a height not exceeding sixty feet (60 ft).
If a zone is subject to this subsection:
(a)
(b)
The following structures shall not exceed ten (10) feet in height above the roof
upon which they are located:
(1)
Antennas;
(2)
Skylights;
(3)
Penthouses fully or partially enclosing utilitarian features, including,
but not limited to, mechanical equipment and its housing, elevators,
and stairwells;
(4)
Building appurtenances dedicated to safety, including safety railings;
(5)
Pergolas and similar structures;
(6)
Building components or appurtenances, including but not limited to
solar panels and wind turbines, dedicated to the environmental
sustainability of the building; and
(7)
Penthouses fully or partially enclosing accessory amenity features,
such as communal recreation space, and structures accessory to
communal outdoor recreation space.
Structures listed in in this subsection shall be subject to the setback
requirements of B § 704.2.
308
FLOOR AREA RATIO MEASUREMENT
308.1
Reserved.
309
CONDITIONS ON FLOOR AREA RATIO
309.1
If a zone is subject to this subsection:
(a)
A Local Government use is permitted a floor area ratio of 2.0 maximum.
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ZRR Draft Text for Taskforce Review
309.2
309.3
March 23, 2012
(b)
A public school building is permitted a floor area ratio of 1.8 maximum.
(c)
A Parks and Recreation use shall be permitted a floor area ratio of 0.9
maximum; except that a Parks and Recreation use may be permitted a floor
area ratio of 1.8 maximum if approved by the Board of Zoning Adjustment,
pursuant to C § 301.3.
If a zone is subject to this subsection:
(a)
A Local Government use is permitted a floor area ratio of 2.0.
(b)
A Parks and Recreation use shall be restricted to a floor area ratio of
1.8.
If a zone is subject to this subsection:
(a)
A Parks and Recreation use shall be restricted to a floor area ratio of 1.8.
(b)
A public school building shall be restricted to a floor area ratio of 3.0.
310
DWELLING UNIT MEASUREMENT
310.1
Reserved.
311
CONDITIONS FOR DWELLING UNITS
311.1
One principal dwelling unit may be located within an accessory building, provided:
311.2
(a)
No accessory dwelling unit shall be permitted on the property; and
(b)
A principal dwelling unit in an accessory building shall be subject to the
provisions applied to accessory dwelling units in D § 603.1.
Rooming units shall be permitted by-right; provided:
(a)
Accommodations are not provided to transient guests who stay 90 days or less
at the premises;
(b)
No sign is displayed on the premises;
(c)
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;
(d)
Cooking facilities are not provided in any individual rooming unit; and
(e)
No central dining or food preparation area is provided for guests.
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311.3
March 23, 2012
If a zone is subject to this provision:
(a)
All new residential developments, except detached or semi-detached buildings
with only one dwelling unit, shall be reviewed by the Board of Zoning
Adjustment as special exceptions under C § 301.3 in accordance with the
standards and requirements of E § 403.10.
(b)
Rooming units may be permitted by the Board of Zoning Adjustment;
provided that, in addition to the requirements of C § 301.3 and the standards
and requirements of E § 403.10, the applicant demonstrates that the proposal
conforms to the provisions of E § 311.1 (a) through (e).
312
LOT OCCUPANCY MEASUREMENT
312.1
Reserved.
313
CONDITIONS ON LOT OCCUPANCY
313.1
If a zone is subject to this subsection:
313.2
(a)
The provisions of E § 313.2 shall apply.
(b)
A place of worship or a public school shall be permitted a lot occupancy of
sixty percent (60%).
If a zone is subject to this subsection:
(a)
(b)
A public school building is permitted a lot occupancy in excess of that
allowed by the zone; provided that:
(1)
The portion of the building, excluding closed courts, exceeding the lot
coverage shall not exceed twenty feet (20 ft.) or two (2) stories in
height; and
(2)
Direct pedestrian access not less than ten feet (10 ft.) in width from at
least two (2) public rights-of-way shall be provided to each roof area
used for these purposes. The roof area shall be used only for open
space, recreation areas, or other athletic and field equipment areas in
lieu of similarly used space normally located at ground level.
An addition to an existing building containing only one or two residential
dwelling units and a new or expanded accessory structure is permitted a
building area not to exceed seventy percent (70%) of the lot if approved by the
Board of Zoning Adjustment as a special exception, subject to the general
conditions of C § 301.3 and a finding by the Board that 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.
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ZRR Draft Text for Taskforce Review
(c)
March 23, 2012
A building devoted to a Parks and Recreation use is limited to a lot
occupancy of twenty percent (20%) maximum. A lot occupancy of forty
percent (40%) maximum may be permitted by the Board of Zoning
Adjustment; provided that, in addition to the requirements of C § 301.3, the
Board finds that the increase is consistent with District policies related to the
preservation of open space.
314
FRONT SETBACK REGULATION MEASUREMENT
314.1
Reserved.
315
CONDITIONS ON FRONT SETBACK REGULATIONS
315.1
Reserved.
316
FRONT BUILD-TO MEASUREMENT
316.1
Reserved.
317
CONDITIONS ON FRONT BUILD-TO REGULATIONS
317.1
Reserved.
318
SIDE SETBACK MEASUREMENT
318.1
Reserved
319
CONDITIONS ON SIDE SETBACKS
319.1
If a zone is subject to this subsection:
(a)
No side setback is required for the principal building; however, any side
setback provided to any portion of the principal building shall be at least three
inches (3 in.) per foot of height, and no less than five feet (5 ft.).
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March 23, 2012
(b)
The side yard may be reduced or eliminated for any Local Government use, if
the lot abuts or adjoins a public open space, recreation area, or reservation.
(c)
An addition that cannot comply with the side setback regulations may be
granted by the Board of Zoning Adjustment through special exception. In
addition to complying with the general special exception criteria of C § 301.3,
the Board shall find that the addition, together with the existing building, as
viewed from the street, alley, and other public way, does not substantially
visually intrude upon the character, scale and pattern of houses along the same
side of the street, of the square.
320
REAR SETBACK MEASUREMENT
320.1
The required rear setback shall be measured as follows:
(a)
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
setback identified in the development regulations table.
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March 23, 2012
(b)
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.
(c)
Measure a plane, from the mean finished grade of the rear lot-line, into the
lot, with a vertical rise to horizontal run ratio of three to one (3:1), up to the
maximum height limit of the zone.
(d)
The building or addition shall be contained within the vertical plane of
paragraph (b); and, the angular plane of paragraph (c), from the point where it
intersects the vertical plane of paragraph (b).
(e)
The rear setback described in this subsection is portrayed in the following
graphic [THIS GRAPHIC NEEDS CORRECTIONS]:
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ZRR Draft Text for Taskforce Review
March 23, 2012
321
CONDITIONS ON REAR SETBACKS
321.1
If a zone is subject to this subsection:
(a)
The rear yard may be reduced or eliminated for any Local Government use, if
the lot abuts or adjoins a public open space, recreation area, or reservation.
(b)
An addition that cannot comply with the rear setback regulations may be
granted by the Board of Zoning Adjustment through special exception. In
addition to complying with the general special exception criteria of C § 301.3,
the Board 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.
322
COURTYARD MEASUREMENT
322.1
Reserved.
323
CONDITIONS ON COURTYARDS
323.1
Reserved.
324
GREEN AREA RATIO MEASUREMENT
324.1
Reserved.
325
GREEN AREA RATIO CONDITIONS
325.1
Reserved.
326
RELIEF FROM REQUIRED DEVELOPMENT STANDARDS
326.1
The Board of Zoning Adjustment may special exception relief from the following
development standards of this subtitle, subject to the provisions of this section and the
general special exception criteria of C § 301.3:
326.2
(a)
Lot occupancy; and
(b)
Setbacks.
Special exception relief under this section may only be granted for:
(a)
An addition to a building with only one or two principal dwelling units; or
(b)
A new or enlarged accessory structure that is accessory to such a building.
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ZRR Draft Text for Taskforce Review
326.3
March 23, 2012
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:
(a)
The light and air available to neighboring properties shall not be unduly
affected;
(b)
The privacy of use and enjoyment of neighboring properties shall not be
unduly compromised;
(c)
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
(d)
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.
(e)
The Board may approve a lot occupancy of all new and existing structures on
the lot up to a maximum of seventy percent (70%).
326.4
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
and nearby properties.
326.5
This section may not be used to permit the introduction or expansion of a
nonconforming use as a special exception.
326.6
Requested relief that does not comply with this section shall be processed as a
variance.
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March 23, 2012
CHAPTER 4 USE CATEGORIES FOR APARTMENT AND APARTMENT TRANSIT
ZONES
400
INTRODUCTION
400.1
This chapter contains zone-specific information about the regulation of use
categories, including permissions, conditions, and exceptions specific to A and AT
zones.
400.2
Subtitle B, Chapter 2 contains general guidance about the regulation of use
categories, definitions of use categories, how use categories are determined, and
rules for how use categories should be codified within Land Use Subtitles.
401
USE CATEGORIES PERMISSION TABLE
401.1
The Use Categories Permissions Table of E § 401.3 indicates:
401.2
(a)
Use categories permitted within a zone;
(b)
Use categories permitted only by special exception;
(c)
Use categories permitted only as accessory uses; and
(d)
Any associated conditions of compliance necessary for a use to be permitted.
Use categories shall be regulated and presented in the Use Categories Permission
Table as follows:
(a)
Each cell contains a letter representing whether the use category is:
(1)
Permitted (P);
(2)
Conditionally Permitted (C)
(3)
Permitted by Special Exception (S)
(4)
Permitted as an Accessory Use (A); or
(5)
Not Permitted (N).
(b)
A cell may also contain a reference to conditions or criteria related to the
permission.
(c)
Further information on using the use permissions table is located in Subtitle B,
Chapter 2.
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401.3
March 23, 2012
The table below identifies use permissions and citations to regulations applicable to A
and AT zones:
USE CATEGORIES
Agriculture
Animal Sales, Care, and Boarding
Antennas
Arts Design and Creation
Basic Utilities
Chancery
Community-based Institutional Facility
Daytime Care
Education
Emergency Shelter
Entertainment, Assembly, and Perf Arts
(R5A,
NO/R5A)
Use Code A
(R5B,
DC/R5B)
Use Code B
(R5B/CAP)
Use Code C
P
N
C (§ 402.1)
S (§ 403.1)
C (§ 402.3)
S (§ 403.12)
A (§ 404.1)
S (§ 403.2)
P
N
C (§ 402.1)
S (§ 403.1)
P
N
C (§ 402.1)
S (§ 403.1)
S (§ 403.13)
A (§ 404.1)
S (§ 403.13)
A (§ 404.1)
S (§ 403.2)
S (§ 403.2)
S (§ 403.3)
S (§ 403.4)
S (§ 403.3)
S (§ 403.4)
S (§ 403.3)
S (§ 403.4)
C (§ 402.4)
S (§ 403.5)
A (§ 404.2)
C (§ 402.6)
S (§ 403.6)
C (§ 402.7)
S (§ 403.7)
N
C (§ 402.4)
S (§ 403.5)
A (§ 404.2)
C (402.6)
S (§ 403.6)
C (§ 402.7)
S (§ 403.7)
N
C (§ 402.4)
S (§ 403.5)
A (§ 404.2)
C (§ 402.6)
S (§ 403.6)
C (§ 402.7)
S (§ 403.7)
N
Firearm Sales
N
N
N
Food and Alcohol Services
C (§ 402.3)
S (§ 403.13)
S (§ 403.13)
Government, Large Scale
N
N
N
Government, Local
P
P
P
Health Care
P
P
P
Institutional
C (§ 402.9)
Lodging
A (§ 404.3)
Marine
N
P
C (§ 402.9)
A (§ 404.3)
N
P
C (§ 402.9)
A (§ 404.3)
N
N
S (§ 403.8)
A (§ 404.1)
C (§ 402.10)
S (§ 403.9)
P
N
S (§ 403.8)
A (§ 404.1)
C (§ 402.10)
S (§ 403.9)
P
N
S (§ 403.8)
A (§ 404.1)
N
N
P
P
S (§ 403.13)
S (§ 403.13)
Sexually-oriented Business
N
C (§ 402.11)
S (§ 403.11)
C (§ 402.3)
S (§ 403.12)
C (§ 402.3)
A (§ 401.1)
N
S (§ 403.12)
A (§ 401.1)
N
S (§ 403.12)
A (§ 401.1)
N
Transportation Infrastructure
C (§ 402.12)
C (§ 402.12)
C (§ 402.12)
N
N
N
Motor Vehicle-related
Office
Parking
Parks and Recreation
Production, Distribution, and Repair
Residential
Retail
Service
Waste-related Services
E-29
S (§ 403.10)
P
ZRR Draft Text for Taskforce Review
March 23, 2012
(R5B/RC)
Use Code D
(R5C)
Use Code E
P
N
C (§ 402.2)
S (§ 403.1)
S (§ 403.13)
A (§ 404.1)
S (§ 403.2)
P
N
C (§ 402.1)
S (§ 403.1)
S (§ 403.13)
A (§ 404.1)
S (§ 403.2)
(R5D R5E,
DC/R5D,
DC/R5E))
Use Code F
P
N
C (§ 402.1)
S (§ 403.1)
S (§ 403.13)
A (§ 404.1)
S (§ 403.2)
S (§ 403.3)
S (§ 403.4)
S (§ 403.3)
S (§ 403.4)
S (§ 403.3)
S (§ 403.4)
C (§ 402.4)
S (§ 403.5)
A (§ 404.2)
C (§ 402.6)
S (§ 403.6)
C (§ 402.7)
S (§ 403.7)
N
C (§ 402.4)
S (§ 403.5)
A (§ 404.2)
C (402.6)
S (§ 403.6)
C (§ 402.7)
S (§ 403.7)
N
C (§ 402.5)
S (§ 403.5)
A (§ 404.2)
C (§ 402.6)
S (§ 403.6)
C (§ 402.7)
S (§ 403.7)
N
Firearm Sales
N
N
N
Food and Alcohol Services
N
S (§ 403.13)
S (§ 403.13)
Government, Large Scale
N
N
N
Government, Local
P
P
P
Health Care
P
P
P
Institutional
P
P
C (§ 402.9)
A (§ 404.3)
N
P
C (§ 402.9)
A (§ 404.3)
N
N
S (§ 403.8)
A (§ 404.1)
C (§ 402.10)
S (§ 403.9)
P
USE CATEGORIES
Agriculture
Animal Sales, Care, and Boarding
Antennas
Arts Design and Creation
Basic Utilities
Chancery
Community-based Institutional Facility
Daytime Care
Education
Emergency Shelter
Entertainment, Assembly, and Perf Arts
Lodging
A (§ 404.3)
Marine
N
Motor Vehicle-related
Parks and Recreation
P
N
S (§ 403.8)
A (§ 404.1)
C (§ 402.10)
S (§ 403.9)
P
Production, Distribution, and Repair
N
N
N
Residential
P
P
S (§ 403.13)
P
S (§ 403.13)
N
S (§ 403.13)
A (§ 401.1)
N
S (§ 403.13)
A (§ 401.1)
N
C (§ 402.12)
C (§ 402.12)
C (§ 402.12)
N
N
N
Office
Parking
N
S (§ 403.8)
A (§ 404.1)
S (§ 403.9)
Retail
S (§ 403.13)
Service
A (§ 401.1)
Sexually-oriented Business
Transportation Infrastructure
Waste-related Services
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402
USES PERMITTED BY CONDITION
402.1
Antennas - Ground mounted antennas shall be permitted by-right subject to the
requirements and conditions of Subtitle B Chapter 24.
402.2
Antennas - Ground mounted antennas shall be permitted by-right subject to the
requirements and conditions of Subtitle B Chapter 24, provided that no antenna tower
with a height in excess of twenty feet (20 ft.) is permitted, and no satellite dish with a
diameter of greater than fifteen feet (15 ft.) is permitted.
402.3
Arts Design and Creation, Food and Alcohol Service, Retail, and Service uses are
permitted by-right if compliant with the following conditions:
(a)
There shall be no Mixed Use zones within five hundred feet (500 ft.) of
the lot.
(b)
There shall be no more than three other Arts Design and Creation,
Retail, or Service uses and no more than one other Food and Alcohol
Service use within five hundred feet (500 ft.) of the lot.
(c)
Except for the uses listed below, the use shall not occupy or use any
space above the ground story:
(1)
Apartment accessory to an artist studio; and
(2)
Artist live-work space;
(d)
The use shall not exceed two thousand square feet (2,000 sq.ft.) in total
floor area;
(e)
The use shall not operate between 10:00 p.m. and 7:00 a.m.;
(f)
The maximum number of employees, including the owner, on site at any
time shall be four;
(g)
Only one external sign may be displayed on the building’s facade,
provided that the sign is not illuminated and is flush-mounted;
(h)
All storage of materials and garbage shall occur indoors;
(i)
Any parking shall be fully screened from all adjacent properties and
streets in a manner consistent with E § 802.1.
(j)
For any Food and Alcohol Service use, there shall be no sale of liquor
for on-site consumption;
(k)
Gross floor area devoted to the sale of alcohol for off-site consumption
shall comprise no more than fifteen percent (15%) of the floor area of
the use.
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(n)
March 23, 2012
(l)
There shall be no on-site cooking of food or installation of grease traps;
however, food assembly and reheating is allowed.
(m)
There shall be no on-site use or storage of dry-cleaning chemicals.
The Board of Zoning Adjustment may waive up to three (3) of the conditions
of this subsection by special exception, subject to C § 301.3, provided that E
402.3(a) and (c) may not be waived.
Arts Design and Creation uses may also be allowed as accessory uses under the
conditions of E § 404.1.
402.4
Daytime Care uses are permitted by-right if compliant with the following conditions:
(a)
The use shall be limited to 16 individuals, not including staff; or
(b)
The use shall be located in a building originally built and continuously
used as an Education, Institutional, Local Government or Parks and
Recreation use.
Daytime Care uses are also permitted as a matter of right as accessory uses subject to
the conditions of E § 404.2. Daytime Care uses not meeting the above conditions may
be permitted by special exception pursuant to the criteria of E § 403.5.
402.5
Daytime Care uses are permitted by-right if compliant with the following conditions:
(a)
The use shall be limited to 25 individuals, not including staff; or
(b)
The use shall be located in a building originally built and continuously
used as an Education, Institutional use, Local Government or Parks and
Recreation.
Daytime Care uses are also permitted as a matter of right as an accessory uses subject
to the conditions of E § 404.2. Daytime Care uses not meeting the above conditions
may be permitted by special exception pursuant to the criteria of E § 403.5.
402.6
Education uses are permitted by-right as follows:
(a)
(1)
An education use operated or chartered by the District of Columbia
Board of Education or the District of Columbia Public Charter School
Board is permitted by right if compliant with the following conditions:
Within the AT-1 and AT-2 zones, the use shall be located on a lot with
at least nine thousand square feet (9,000 sq.ft.) of area and with a
combined total length of all street lot lines of at least eighty feet (80
ft.).
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(2)
(b)
(c)
402.7
March 23, 2012
Within the AT-3 zone, the use shall be located on a lot with a
combined total length of all street lot lines of at least eighty feet (80
ft.).
Education uses not meeting the conditions of E § 402.6(a) may be
permitted by special exception pursuant to the criteria of E § 403.6.
Education uses not covered by E § 402.6(a) or E § 403.6 may be permitted by
campus master plan pursuant to the criteria of C § [CAMPUS PLAN
CHAPTER].
Emergency Shelter uses are permitted by-right provided that the use shall not house
more than four (4) persons, not including resident supervisors or staff and their
families.
Emergency Shelter uses not meeting this condition may be permitted by special
exception pursuant to the criteria of E § 403.7.
402.8
Institutional uses are permitted by-right, provided that the maximum lot occupancy is
sixty percent (60%).
402.9
Lodging uses are permitted by-right if the use existed with a valid Certificate of
Occupancy prior to May 16, 1980. The existing Lodging use may be repaired,
renovated, or altered, but the gross floor area may not be increased and the total area
devoted to function rooms, exhibit space, and commercial adjuncts may not be
increased.
402.10
Parking as a principal use is permitted by-right as follows:
(a)
All parking shall meet the conditions of Chapter 8 of this subtitle and of
Subtitle B Chapter 15.
(b)
A private garage on a lot not containing another use shall meet the following
conditions:
(1)
No more than two motor vehicles may be housed on the lot;
(2)
The building may not exceed four hundred fifty (450) square feet;
(3)
The building shall open directly onto an alley;
(4)
The building shall be setback at least twelve (12) feet from the
centerline of any alley; and
(5)
The building shall not be located within fifty (50) feet of a street lot
line, front setback line, or building restriction line.
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(c)
Within the AT-3 zone only, a temporary surface parking lot accessory to the
Ballpark shall be permitted on Square 882 in accordance with the conditions
of B § 1514.2. In the event that the cumulative parking limit established in B §
1514.2 is met, additional temporary surface parking spaces accessory to the
Ballpark on Square 882 shall be permitted as a special exception use if
approved by the Board of Zoning Adjustment pursuant to B § 1514.2.
(d)
402.11
402.12
March 23, 2012
Parking uses not described in (b) or (c) shall not be permitted.
Residential uses are permitted by-right, subject to the following conditions:
(a)
The use shall be limited to one dwelling unit; and
(b)
The building shall either be detached or semi-detached.
(c)
Other Residential uses may be allowed as a special exception subject to E §
403.10.
Transportation Infrastructure uses are permitted by right subject to the following
condition:
(a)
The use shall be operated by the District government or the Washington
Metropolitan Area Transit Authority.
403
USES PERMITTED BY SPECIAL EXCEPTION
403.1
Antennas – A monopole antenna may be permitted as a special exception use, subject
to the special exception criteria of C § 301.3 and Subtitle B, Chapter 24.
403.2
Basic Utilities may be permitted as a special exception use, subject to the general
criteria of C § 301.3 and the following conditions:
(a)
The use shall not be an electronic equipment facility; and
(b)
Any requirements for setbacks, screening, or other safeguards that the Board
deems necessary for the protection of the neighborhood.
403.3
Chancery uses are allowed, subject to disapproval by the Board of Zoning
Adjustment in accordance with Subtitle C, Chapter 4.
403.4
Community Based Institutional Facilities may be permitted as a special exception use,
subject to the criteria of C § 301.3 and the following conditions:
(a)
The use shall house no more than twenty (20) persons, not including resident
supervisors or staff and their families.
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403.5
March 23, 2012
Daytime Care uses may be permitted as a special exception use, subject to the criteria
of C § 301.3 and the following conditions:
(a)
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; and
(b)
Any off-site play area shall be located so as not to endanger individuals
traveling between the play area and the center or facility.
Daytime Care uses are also permitted by-right as accessory uses provided the uses
conform to conditions under E § 404.2.
403.6
403.7
403.8
Education uses may be permitted as a special exception use if the use is a public
school that does not meet the lot area or width requirements of E § 402.6, or a private
school. Permission is subject to the criteria of C § 301.3 and the following conditions:
(a)
The school 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.
(b)
If the use is a private school, it may not be a trade school.
Emergency Shelters may be permitted as a special exception use, subject to criteria of
C § 301.3 and the following conditions:
(a)
There is a maximum limit of twenty five persons, not including resident
supervisors or staff and their families; or
(b)
The applicant demonstrates that the program goals and objectives of the
District of Columbia cannot be achieved without a larger facility at the subject
location and that there are no other reasonable alternative locations which
would meet the program needs for that area of the District.
Office use devoted exclusively to use by a nonprofit organization for the purposes of
the nonprofit organization may be permitted as a special exception use, subject to the
criteria of C § 301.3 and the following conditions:
(a)
The building is either:
(1)
Listed in the District of Columbia's Inventory of Historic Sites
contained in the comprehensive statewide historic preservation survey
and plan prepared pursuant to § 101(a) of the National Historic
Preservation Act, approved October 15, 1966 (80 Stat. 915, as
amended; 16 U.S.C. § 470a), or
(2)
Located within a district, site, area, or place listed on the District of
Columbia's Inventory of Historic Sites; and
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(b)
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;
(c)
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.
(d)
The applicant shall demonstrate that:
(e)
403.9
March 23, 2012
(1)
Use of existing residential buildings and land by a nonprofit
organization shall not adversely affect the use of the neighboring
properties.
(2)
The amount and arrangement of parking spaces shall be adequate and
located to minimize traffic impact on the adjacent neighborhood.
Any additions to the building or any major modifications to the exterior of the
building or to the site shall require the prior approval of the Board. The Board
shall refer any proposed additions or modifications to the State Historic
Preservation Officer, who, acting with the advice of the D.C. Professional
Review Committee for nominations to the National Register of Historic
Places, shall provide the Board with a report to determine 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.
Parking as a principal use may be permitted by special exception, subject to the
criteria of C § 301.3 and the following conditions:
(a)
All parking shall meet the conditions of Chapter 8 of this subtitle and of
Subtitle B Chapter 15.
(b)
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."
(c)
The applicant shall demonstrate that:
(1)
No dangerous or otherwise objectionable traffic conditions will result;
(2)
The present character and future development of the neighborhood
will not be affected adversely; and
(3)
The parking garage is reasonably necessary and convenient to other
uses in the vicinity.
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(d)
The application shall be submitted to the D.C. Department of
Transportation for review and report.
(e)
If the parking is provided as a surface parking lot:
(1)
All parking shall be located in its entirety within two hundred feet (200
ft.) of an existing Mixed-Use, Mixed-Use Transit, Downtown, or PDR
zone;
(2)
The lot shall be contiguous to or separated only by an alley from a
Mixed-Use, Mixed-Use Transit, Downtown, or PDR zone; and
(3)
A majority of the parking spaces shall serve residential uses or shortterm parking needs of retail, service, and public facility uses in the
vicinity.
(f)
403.10
March 23, 2012
The Board may require that all or a portion of the parking spaces be
reserved for the following:
(1)
Residential parking;
(2)
Unrestricted commercial parking;
(3)
Accessory parking for uses within eight hundred feet (800 ft.); and
(4)
Shared parking for different uses by time of day.
Parking as a principal use may be permitted by special exception, subject to the
criteria of C § 301.3 and the following conditions:
(a)
All parking shall meet the conditions of Chapter 8 of this subtitle and of
Subtitle B Chapter 15.
(b)
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."
(c)
The applicant shall demonstrate that:
(d)
(1)
No dangerous or otherwise objectionable traffic conditions will result;
(2)
The present character and future development of the neighborhood
will not be affected adversely; and
(3)
The parking garage is reasonably necessary and convenient to other
uses in the vicinity.
The application shall be submitted to the D.C. Department of Transportation
for review and report.
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(e)
(f)
403.11
March 23, 2012
If the parking is provided as a surface parking lot:
(1)
A new parking lot may not be established, but a parking lot in
existence on [effective date] may continue, subject to the provisions of
this subsection;
(2)
All parking shall be located in its entirety within two hundred feet (200
ft.) of an existing Mixed-Use, Mixed-Use Transit, Downtown, or PDR
zone;
(3)
The lot shall be contiguous to or separated only by an alley from a
Mixed-Use, Mixed-Use Transit, Downtown, or PDR zone; and
(4)
A majority of the parking spaces shall serve residential uses or shortterm parking needs of retail, service, and public facility uses in the
vicinity.
The Board may require that all or a portion of the parking spaces be reserved
for the following:
(1)
Residential parking;
(2)
Unrestricted commercial parking;
(3)
Accessory parking for uses within eight hundred feet (800 ft.); and
(4)
Shared parking for different uses by time of day.
Residential uses, except as provided in E § 402.9, shall be reviewed by the Board of
Zoning Adjustment as special exceptions under C § 301.3 and the following
standards:
(a)
The BZA shall review the adequacy of the site plan and other issues cited in
paragraph (b);
(b)
The application shall be referred for comment and recommendation to:
(1)
The D.C. Department of Public Schools regarding the adequacy of
existing and planned area schools to accommodate the numbers of
students that can be expected to reside in the project;
(2)
The D.C. Departments of Transportation and Housing and Community
Development regarding the adequacy of public streets, recreation, and
other services to accommodate the residents of the project and the
relationship of the proposed project to public plans and projects; and
(3)
The D.C. Office of Planning regarding the site plan, arrangement of
buildings and structures, and provision of light, air, parking,
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recreation, landscaping, and grading as they relate to the future
residents of the project and the surrounding neighborhood; and
(c)
403.12
Retail and Arts Design and Creation uses may be permitted as a special exception
use, subject to the special exception criteria of C § 301.3, and the following
conditions:
(a)
403.13
In addition to other filing requirements, the applicant shall submit four site
plans and two sets of typical floor plans and elevations, grading plans
(existing and final), landscaping plans, and plans for all new rights-of-way
and easements.
The use shall derive fifty per cent (50%) minimum of its income from the
display and sale of objects of art.
If a zone is subject to this provision:
(a)
Retail and Arts Design and Creation uses may be permitted as a special
exception use, subject to the special exception criteria of C § 301.3, and the
following conditions:
(1)
(b)
The use shall derive fifty per cent (50%) minimum of its income from
the display and sale of objects of art.
Service, Food and Alcohol Service, and Retail and Arts Design and Creation
uses not covered by E § 403.12(a) may be permitted as a special exception
use, subject to the special exception criteria of C § 301.3 and the following
conditions:
(1)
The use shall only be permitted when incidental to a building
otherwise devoted to Residential uses;
(2)
The use shall be located on the main floor of the building or below, or
in an interior patio or other type of open ground level area.
(3)
There shall be no Mixed Use or Mixed Use Transit zones within five
hundred feet (500 ft.) of the lot.
(4)
All storage of materials and garbage shall occur indoors;
(5)
Any parking shall be fully screened from all adjacent properties and
streets in a manner consistent with E § 802.1;
(6)
Only one external sign may be displayed on the building’s facade,
provided that the sign is not illuminated and is flush-mounted;
(7)
For any Food and Alcohol Service use, there shall be no sale of liquor
for on-site consumption;
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(8)
Gross floor area devoted to the sale of alcohol for off-site consumption
shall comprise no more than fifteen percent (15%) of the floor area of
the use; and
(9)
There shall be no on-site use or storage of dry-cleaning chemicals.
404
CONDITIONS FOR ACCESSORY USES
404.1
An Arts Design and Creation, Office, or Service use is permitted by-right as an
accessory use to a Residential use, subject to the following conditions:
(a)
The use shall only be operated and owned by a resident of the dwelling unit;
(b)
No more than one (1) person who is not a resident of the dwelling unit shall be
engaged or employed in an accessory Arts Design and Creation or Service
use, and no more than two persons who are not residents of the dwelling unit
shall be engaged or employed in the an accessory Office use;
(c)
No more than twenty-five percent (25%) of the floor area of the dwelling unit,
excluding basements or accessory structures, may be devoted to the use;
(d)
All materials or finished products shall be stored within the accessory use
floor area or in a basement or accessory structure on the property;
(e)
All operations shall be conducted inside the dwelling unit, and no storage or
other unsightly condition shall be allowed outside a structure;
(f)
The use shall not create any visual or audible electrical interference in
consumer electronics that receive or send wireless transmissions outside the
property, or that cause fluctuations in line voltage outside the property;
(g)
The use shall not produce any noxious odors, vibrations, glare, or fumes that
are detectable to normal sensory perception outside the property;
(h)
The use shall not produce a level of noise that exceeds the level normally
associated with the immediate neighborhood;
(i)
No more than two (2) vehicles may be used in the practice of the use;
(j)
Vehicular trips to the premises by visitors, customers, and delivery persons
shall not exceed eight (8) trips daily on a regular and continuing basis;
(k)
No more than eight (8) clients or customers may visit the premises in any one
(1) hour period; and
(l)
The practitioner shall display no more than one (1) exterior sign on the
building in which a use is practiced; and if provided, a sign must meet the
following conditions:
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(m)
404.2
404.3
March 23, 2012
(1)
The sign shall not exceed one hundred forty-four (144) square inches
in area;
(2)
The sign shall be flush-mounted;
(3)
The sign shall not be illuminated; and
(4)
The sign may state only the name of the practitioner and the type of
use.
The Board of Zoning Adjustment may waive up to two (2) of the conditions of
this subsection by special exception, subject to C § 301.3, provided that E §
404.1(a) may not be waived.
Daytime Care uses are permitted by-right as an accessory use, subject to the
following conditions:
(a)
The one-unit Residential use in which it is located shall be the principal
residence of the caregiver;
(b)
There is used no more than one sign or display, which shall not exceed one
hundred forty-four square inches (144 sq.in.) in area;
(c)
No stock in trade is kept nor any commodity sold upon the premises;
(d)
No person is employed other than a member of the caregiver's immediate
family residing on the premises; and
(e)
No mechanical equipment is used except such as is permissible for purely
domestic or household purposes.
(f)
The Board of Zoning Adjustment may waive up to two of the conditions of
this subsection by special exception, subject to C § 301.3, provided that E
§ 404.2(a) may not be waived.
Lodging uses are permitted by-right as an accessory use, subject to the following
conditions:
(a)
The use shall only be permitted as accessory to a one unit Residential use;
(b)
The residence shall be owned and occupied as the principal residence of the
operator(s);
(c)
The maximum number of guest sleeping rooms shall be two (2);
(d)
Breakfast shall be the only meal served and is served only to overnight guests;
(e)
No cooking facilities shall be permitted in any of the rented rooms; and
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(f)
One parking space minimum shall be provided.
(g)
The BZA may waive E § 404.3(c) by special exception, subject to C § 301.3,
provided that the total number of guest sleeping rooms does not exceed four
(4) in a house that is not a historic resource or six (6) in a house that is a
historic resource.
405
CONDITIONS ON USES IN FORMER PUBLIC SCHOOLS
405.1
Within a building owned by the District of Columbia that formerly served as the
location of a public school (“former school building”), the following use provisions
shall apply:
405.2
(a)
A use permitted by right pursuant to E § 401 shall be permitted by right within
a former school building unless otherwise regulated in E § 405.2;
(b)
A use permitted by special exception pursuant to E § 402 shall be permitted
by special exception within a former school building unless otherwise
regulated by E § 405.2;
(c)
A use permitted by right subject to conditions pursuant to E § 403 shall be
permitted by right subject to the same conditions within a former school
building unless otherwise regulated by E § 405.2;
(d)
A use permitted as an accessory use pursuant to E § 404 shall be permitted as
an accessory use within a former school building unless otherwise regulated
by E § 405.2;
The following uses are permitted by right within a former school building,
irrespective of E §§ 401, 402, 403, 404, and 405.1:
(a)
Daytime Care uses.
(b)
Education uses, subject to the following conditions:
(c)
(1)
The use shall be a community college;
(2)
The use shall not occupy more than 50,000 sq. ft. of building area;
(3)
There shall be no external activities after 9:00 PM; and
(4)
There shall be no use of the college space after midnight.
(5)
An Education use that does not meet one or more of the above
conditions may be permitted by special exception subject to the criteria
of C § 301.3.
Health Care uses, subject to the following conditions:
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(d)
(e)
March 23, 2012
(1)
The use shall be limited to one 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;
(2)
The use shall contain a diagnostic center and, in addition, may contain
research, educational, minor surgical, or treatment facilities;
(3)
All the facilities are limited to the treatment and care of out-patients;
and
(4)
The use shall not be a substance abuse treatment facility.
(5)
A Health Care use that does not meet one or more of the above
conditions may be permitted by special exception subject to the criteria
of C § 301.3.
Institutional uses, subject to the following conditions:
(1)
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;
(2)
There is no outdoor storage of materials; and
(3)
The use shall not be a substance abuse treatment facility.
(4)
An Institutional use that does not meet one or more of the above
conditions may be permitted by special exception subject to the criteria
of C § 301.3.
Local Government or Office uses, subject to the following conditions:
(1)
The use shall be limited to administrative offices of District
government agencies, provided the agencies are not part of the
criminal justice system,
(2)
The use shall not extend outside the building unless accessory and
incidental to the principal administrative use; and
(3)
Any storage shall be fully enclosed.
(4)
A Local Government use or Office use that does not meet one or more
of the above conditions may be permitted by special exception subject
to the criteria of C § 301.3, provided that the use is operated by the
District government.
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405.3
March 23, 2012
Any addition to or expansion of a former school building housing a use permitted by
this section shall only be permitted by special exception, subject to the criteria of C §
301.3. The Board of Zoning Adjustment may impose setbacks, screening, lighting
requirements, or other safeguards that it deems necessary for the protection of the
neighborhood.
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CHAPTER 5 DEVELOPMENT REGULATIONS FOR ACCESSORY BUILDINGS IN
APARTMENT AND APARTMENT TRANSIT ZONES
500
INTRODUCTION
500.1
Accessory buildings may be permitted within an A or AT zone subject to the
following conditions:
(a)
The accessory building is subordinate to and located on the same lot as a
principal building, and shall be used for purposes which are incidental to
the use of the principal building;
(b)
The accessory buildings shall be secondary in size compared to the
principal building; and shall comply with all required setbacks for
accessory buildings based on the zone in they are located.
500.2
The general chapter regarding accessory buildings, Subtitle B, Chapter 14, provides
regulations for accessory buildings that apply in addition to the regulations of this
chapter.
501
DEVELOPMENT REGULATIONS FOR ACCESSORY BUILDINGS
501.1
Applicable accessory building development regulations for each zone can be
determined by consulting the subsection where a zone is identified.
501.2
The development regulations, standards, rules of measurement, and conditions
identified in the table below shall apply to accessory buildings in all A and AT zones:
REGULATORY
TOPIC
STANDARD OR
PERMISSION
REFERENCES TO
RULES OF
MEASUREMENT
REFERENCES TO
CONDITIONS
Height
22 ft. max.
B § 1902.8
-
Max. Building Area
Footprint Per Building
900 sq. ft. max.
-
-
502
SPECIAL EXCEPTION ALLOWANCES FOR ACCESSORY BUILDINGS
502.1
Relief from the development standards of E § 501 may be granted by special
exception, pursuant to C § 301.3.
502.2
Relief from other development standards governing accessory buildings may be
granted pursuant to E § 326.
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CHAPTER 6 ACCESSORY DWELLING UNIT REGULATIONS
600
INTRODUCTION
600.1
Reserved.
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CHAPTER 7 REGULATIONS FOR ALLEY LOTS IN APARTMENT AND
APARTMENT TRANSIT ZONES
700
INTRODUCTION
700.1
This chapter:
(a)
Regulates the erection and expansion of buildings on alley lots.
(b)
Provides regulations that ensure that buildings on alley lots are:
(1)
An appropriate size and scale; and
(2)
Adequately separated from neighboring properties.
(c)
Regulates the use of alley lots. Where dwelling units are permitted, this
chapter ensures that impacts on the privacy and light of neighboring
properties are minimized.
700.2
For the purpose of this chapter, all alley lots must be recorded on the records of the
Surveyor, District of Columbia, as a record lot.
700.3
An alley lot that is only recorded on the records of the D.C. Office of Tax and
Revenue as an assessment and taxation lot (tax lot) may be recorded by the Surveyor,
District of Columbia as a record lot if the tax lot was created on or before November
1, 1957.
701
DEVELOPMENT REGULATIONS FOR BUILDINGS ON ALLEY LOTS
701.1
The height of a building on an alley lot shall be determined as follows:
(a)
701.2
The maximum height of the building shall be 22 feet (22 ft.).
A building on an alley lot shall have the following setbacks:
(a)
The building shall be set back a minimum of five feet (5 ft.) from lot
lines of all abutting non-alley lots; and
(b)
The building shall be set back a minimum of seven and one half feet (7.5
ft.) from the center line of all alleys to which the alley lot abuts.
701.3
There shall be no maximum lot occupancy for buildings on alley lots.
701.4
Any balconies must front on alleys.
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702
ALLEY LOT USES
702.1
The table below identifies use permissions and citations to regulations applicable to
alley lots in A and AT zones. The third character of each A or AT zone code refers to
a column in this table:
Use Category
Agriculture
Arts Design Creation
Parking
PDR
Residential
Use Code
A
(R-5-A)
Use Code
B, C, D
(R-5-B)
Use Code E, F
(R-5-C/R-5-D/R-5-E)
P
P
C (703.1)
C (703.2)
S (704.2)
S (704.3)
S (704.4)
P
C (703.1)
C (703.2)
S (704.2)
S (704.3)
S (704.4)
C (703.1)
C (703.2)
S (704.2)
S (704.3)
S (704.4)
703
CONDITIONS FOR ALLEY LOT USES
703.1
Arts Design and Creation uses are permitted as a matter of right provided the use
conforms to following list of conditions:
(a)
703.2
The use shall be limited to an artist studio subject to the following
criteria:
(1)
Occupancy of the building shall be limited to one artist and one
apprentice for each four hundred and fifty square feet (450 sq. ft.) of
gross floor area;
(2)
All operations and storage of materials shall occur inside the building;
(3)
Incidental sales of art of the work produced by the occupants of the
studio shall be permitted within the studio; and
(4)
The artist may teach one or more apprentices.
Parking uses are permitted as a matter of right provided that the use conforms to the
following list of conditions:
(a)
Any external parking spaces shall be screened from:
(1)
(b)
(1)
Any residentially zoned lot that shares a lot line boundary with the lot
containing the parking spaces.
The screening required by E §703.2(a) shall be either:
A solid wall or fence at least forty-two (42) inches high;
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(2)
(c)
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Evergreen hedges or evergreen growing trees that are thickly planted
and maintained, and that are at least forty-two (42) inches in height
when planted.
A private parking garage on a lot not containing another use shall meet
the following conditions:
(1)
No more than two (2) motor vehicles may be housed on the lot;
(2)
The building may not exceed four hundred fifty (450) square feet; and
(3)
The building shall open directly onto an alley;
(d)
Car-sharing spaces may be provided on alley lots, but not in excess of
the maximum parking limits of B § 1503.
704
SPECIAL EXCEPTION ALLOWANCES FOR ALLEY LOTS
704.1
A reduction in the minimum setback requirements of E § 701.2 may be permitted by
special exception, subject to the criteria of C § 301.3.
704.2
Parking uses may be approved by the Board as a special exception subject to the
general conditions of C § 301.3 as follows:
(a)
704.3
Parking lot or public parking garage uses are subject to the following
criteria:
(1)
Any use authorized in this section shall not be likely to become
objectionable because of noise, traffic, or number of employees;
(2)
The hours of active operation shall be arranged so as not to prove
disturbing or otherwise objectionable to persons residing around the
perimeter of the square in which located.
Production, Distribution, & Repair uses may be approved by the Board as a special
exception subject to the general conditions of C § 301.3 as follows:
(a)
The uses shall be limited to storage of wares of goods or public storage
garage subject to the following criteria:
(1)
No storage use authorized in this section shall be located in a building
containing more than twenty-five hundred square feet (2,500 sq. ft.) of
gross floor area;
(2)
Any use authorized in this section shall not be likely to become
objectionable because of noise, traffic, or number of employees;
(3)
The alley upon which the use is to be located shall be readily
negotiable by any truck necessary for the proposed operation;
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(4)
704.4
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The hours of active operation shall be arranged so as not to prove
disturbing or otherwise objectionable to persons residing around the
perimeter of the square in which located.
Residential uses may be approved by the Board as a special exception subject to the
general conditions of C § 301.3 in addition to the following:
(a)
The use shall be limited to one dwelling unit on an alley lot, subject to
the following criteria:
(1)
A building may not be constructed or converted for a dwelling unit
unless there is a minimum of four hundred (400) square feet of lot
area; and
(2)
The Board of Zoning Adjustment shall consider seek relevant agency
comments:
(A)
Public safety relating to fire concerns;
(B)
Water and sewer services;
(C)
Waste management; and
(D)
Traffic and parking.
705
SUBDIVISION RULES FOR ALLEY LOTS
705.1
All alley lots created after the adoption of the Title shall be lots recorded on the
records of the Surveyor, District of Columbia, and conform to subdivision regulation
related to lot area standards for R-16-D zones.
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CHAPTER 8 PARKING REGULATIONS IN APARTMENT AND APARTMENT
TRANSIT ZONES
800
INTRODUCTION
800.1
This chapter provides:
(a)
A parking standards table in E § 801.4, which provide ratios for
minimum parking requirements for all use categories in A zones; and
(b)
Conditions and requirements related to parking spaces, including
location and access.
800.2
General automobile parking regulations are located in Subtitle B, Chapter 15.
801
PARKING STANDARDS FOR APARTMENT AND APARTMENT TRANSIT
ZONES
801.1
The minimum parking requirements in the parking standards table of E § 801.4 apply
to all A zones. They do not apply to AT zones.
801.2
Parking standards for uses in the Residential use category are calculated in the
number of parking spaces per dwelling unit.
801.3
Parking standards for uses in all other use categories are calculated in the number of
parking spaces per one thousand square feet (1,000 sq. ft.) of gross floor area.
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801.4
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Parking standards for A zones are in the following table:
Minimum number of parking spaces
(per sq. ft. of GFA, except Residential)
Use Category
Agriculture
1.67 per 1,000 sq.ft.
Animal Sales, Care and Boarding
Use not permitted in this subtitle
Antennas
None
Arts Design and Creation
1.67 per 1,000 sq.ft., in excess of 3,000 sq.ft.
Basic Utilities
1.67 per 1,000 sq.ft, in excess of 3,000 sq.ft.
Chancery
0.56 per 1,000 sq.ft, in excess of 3,000 sq.ft.
Community-Based Institutional Facility
1 per 1,000 sq.ft.
Daytime Care
0.25 per 1,000 sq.ft.
Education
0.25 per 1,000 sq.ft.
Emergency Shelter
1 per 1,000 sq.ft.
Entertainment, Assembly, and Performing Arts
Use not permitted in this subtitle
Firearm Sales
Use not permitted in this subtitle
Food and Alcohol Services
1.67 per 1,000 sq.ft, in excess of 3,000 sq.ft.
Government, Large-Scale
Use not permitted in this subtitle
Government, Local
1 per 1,000 sq. ft., in excess of 3,000 sq. ft.
Health Care
1 per 1,000 sq. ft., in excess of 3,000 sq. ft.
Institutional
1.67 per 1,000 sq. ft., in excess of 2,000 sq. ft.
Lodging
0.5 per 1,000 sq. ft.
Marine
Use not permitted in this subtitle
Motor Vehicle-related
Use not permitted in this subtitle
Office
1.67 per 1,000, 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.
Residential
1 per 4 dwelling units, in excess of 9 units
Retail
1.67 per 1,000 sq.ft, in excess of 3,000 sq.ft.
Service
1.67 per 1,000 sq.ft, in excess of 3,000 sq.ft.
Sexually-based Business Establishment
Use not permitted in this subtitle
Transportation Infrastructure
None
Waste-related Services
801.5
Use not permitted in this subtitle
Refer to B §1503 for maximum parking limits in A and AT zones.
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802
PARKING CONDITIONS AND REQUIREMENTS
802.1
Any external parking spaces shall provide visual screening, except as provided in E §
802.2, in accordance with the following provisions:
(a)
(b)
Screening shall be provided between the lot containing the parking and:
(1)
Any adjacent public street or sidewalk, except that there may be a gap
in screening no more than twenty feet (20 ft.) wide, to allow a
driveway; and
(2)
Any residentially zoned lot that shares a lot line with the lot containing
the parking spaces.
The screening shall be either:
(1)
A wall or fence at least forty-two (42) inches high;
(2)
Evergreen hedges or evergreen growing trees that are thickly planted
and maintained, and that are at least forty-two (42) inches in height
when planted.
802.2
Residential uses on lots with a maximum of three dwelling units may locate parking
spaces in a side yard without providing the screening requirements of E § 802.1.
802.3
A parking garage on a lot not containing another use shall meet the following
conditions:
802.4
(a)
No more than two (2) motor vehicles may be housed on the lot;
(b)
The building may not exceed four hundred fifty (450) square feet;
(c)
The building shall open directly onto an alley;
(d)
The building shall be setback at least twelve (12) feet from the centerline of
any alley; and
(e)
The building shall not be located within fifty (50) feet of a street lot line, front
setback line, or building restriction line.
Car-sharing spaces may be provided, as long as the number does not exceed the
maximum parking limits of B § 1503.
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CHAPTER 9 PLANNED DEVELOPMENT REGULATIONS FOR APARTMENT AND
APARTMENT TRANSIT ZONES
900
INTRODUCTION
900.1
This chapter provides zone-specific planned development regulations applicable to A
and AT zones, including:
(a)
Limitations on permitted development flexibility;
(b)
Minimum lot size requirements; and
(c)
Planned development evaluation criteria for certain mixed use transit
zones.
900.2
General regulations regarding planned developments are located in Subtitle C,
Chapter 8.
900.3
A reference to this chapter in the zone reference table of E § 200.7 establishes the
applicability of planned development regulations to a zone.
901
PLANNED DEVELOPMENT REGULATIONS
901.1
If a zone is subject to this subsection, the by-right height and floor are ratio limits
shall serve as the guidelines for planned developments.
901.2
If a zone is subject to this subsection:
(a)
The minimum area included within the proposed development shall be
one acre.
(b)
No waiver shall exceed five percent (5%) of the minimum area
requirements. If a waiver of the minimum area is granted, the Zoning
Commission must find, after public hearing, that the development is of
exceptional merit and is in the best interests of the District of Columbia
or the country
(c)
All land within the planned unit development must be contiguous and
must neither be separated by a street or alley nor bridge a street or alley.
(d)
The by-right height and floor area ratio limits shall serve as the
maximum permitted height and floor area ratio for a planned
development.
(e)
The Zoning Commission shall utilize the standards found in E § 902 to
evaluate all planned development applications within this zone.
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902
PLANNED DEVELOPMENT EVALUATION STANDARDS
902.1
Planned development applications for sites within the AT-4-B, AT-9-F, and AT-11-F
zones shall be evaluated and approved, disapproved, or modified according to the
standards in this section, in addition to those found in Subtitle C, Chapter 4. These
standards are inclusive, but not exhaustive in nature; it is not expected that an
application will exemplify all the standards or achieve all of them in a superior
fashion.
902.2
To the extent an application proposes benefits beyond the requirements of this
chapter, the relative value of the public benefits offered, the degree of flexibility or
other development incentives requested, and the potential adverse impacts, if any, to
be accepted or mitigated, shall all be judged, balanced, and reconciled according to
the specific circumstances of each case.
902.3
The site plan and design of the project shall provide present and future occupants with
a living or working environment and amenities superior to those that can be achieved
by applying the other provisions of the Zoning Regulations. Flexibility in the siting,
design, type, and location of buildings is encouraged. Superior planning and design
include, but are not limited to:
(a)
Provision of open space, which should preserve original gardens and
backyard open spaces and provide light, air, and privacy to adjacent
buildings;
(b)
Effective and safe vehicular and pedestrian circulation with:
(1)
Full use of the alleys as a service area for vehicles;
(2)
Streets unimpeded by service stops; and
(3)
Sidewalks and public space inviting to pedestrians and free of
vehicular parking;
(c)
Superior architectural design in the subject building or complex
considered in and of itself and in relationship to the surrounding
buildings and environment within six hundred feet (600 ft.) within the
subject zone;
(d)
Retention of the entire fabric and scale of historic buildings, to the extent
the proposed planned unit development directly affects historic
landmarks or contributing historic buildings in the local historic district;
(e)
Retention of housing, the conversion of residential use of nonresidential
uses in the M-1 and M-2 zones and Mixed Use zones, and the provision
of low and moderate income housing;
(f)
Superior landscaping;
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(g)
Other project amenities that are demonstrated to contribute to the quality
of life in the planned unit development or in the surrounding
neighborhood; and
(h)
Project benefits shall be located on the site of the planned unit
development or in the surrounding neighborhood. In some instances,
additional benefits may be located in the adjacent or nearby public
space; provided, that the public agency responsible for the space concurs
with the proposed benefit and has executed a development agreement
with the applicant regarding construction and maintenance of the
amenity. For the purpose of this zone, "surrounding neighborhood" shall
be defined as the subject square or the adjoining square within the
following zones: AT-4-B, AT-9-F, AT-11-F, T-4-A, T-9-E, T-46-E, T47-M, T-48-M, T-49-O, T-50-O, and T-51-T.
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