TITLE 11 – ZONING SUBTITLE C GENERAL RULES

Subtitle C-1 
TITLE 11 – ZONING 
SUBTITLE C  GENERAL RULES 
TITLE 11 – ZONING ............................................................................................................... C-1 
SUBTITLE C  GENERAL RULES ..................................................................................... C-1 
CHAPTER 1   INTRODUCTION TO GENERAL RULES ..................................................C-5 
100  PURPOSE AND APPLICABILITY .............................................................C-5 
CHAPTER 2   NONCONFORMITIES .................................................................................C-6 
200  INTRODUCTION TO NONCONFORMITIES ............................................C-6 
201  GENERAL PROVISIONS ............................................................................C-6 
202  NONCONFORMING STRUCTURES .........................................................C-7 
203  DESTRUCTION OF A NONCONFORMING STRUCTURE .....................C-7 
204  NONCONFORMING USE ...........................................................................C-8 
205  DESTRUCTION  OF  A  STRUCTURE  DEVOTED  TO  A 
NONCONFORMING USE .........................................................................C-10 
CHAPTER 3   SUBDIVISION ............................................................................................C-12 
300  INTRODUCTION .......................................................................................C-12 
301  SUBSTANDARD LOTS .............................................................................C-12 
302  SUBDIVISION REGULATIONS ...............................................................C-12 
303  LOT FRONTAGE .......................................................................................C-13 
304  RULES OF MEASUREMENT FOR LOT WIDTH ...................................C-13 
305  THEORETICAL SUBDIVISIONS .............................................................C-14 
CHAPTER 4   TREE PROTECTION ..................................................................................C-18 
400  INTRODUCTION .......................................................................................C-18 
401  TREE PROTECTION REGULATIONS .....................................................C-18 
CHAPTER 5   PERVIOUS SURFACES .............................................................................C-20 
500  INTRODUCTION .......................................................................................C-20 
501  PERVIOUS SURFACE REQUIREMENT .................................................C-20 
502  RULES OF MEASUREMENT FOR PERVIOUS SURFACES .................C-20 
CHAPTER 6   GREEN AREA RATIO ...............................................................................C-22 
600  INTRODUCTION TO GREEN AREA RATIO..........................................C-22 
601  APPLICABILITY OF GREEN AREA RATIO STANDARDS .................C-22 
602  CALCULATION OF GREEN AREA RATIO............................................C-24 
603  LANDSCAPE ELEMENT CONDITIONS FOR GREEN AREA RATIO .C-27 
604  SUBMITTAL REQUIREMENTS FOR GREEN AREA RATIO ..............C-29 
605  SPECIAL EXCEPTIONS FOR GREEN AREA RATIO ............................C-31 
606  MAINTENANCE REQUIREMENTS FOR GREEN AREA RATIO ........C-31 
CHAPTER 7   VEHICLE PARKING ..................................................................................C-32 
700  INTRODUCTION .......................................................................................C-32 
701  MINIMUM VEHICLE PARKING REQUIREMENTS ..............................C-32 
702  EXEMPTIONS FROM MINIMUM PARKING REQUIREMENTS .........C-37 

Subtitle C-2 
SPECIAL  EXCEPTIONS  FROM  MINIMUM  PARKING  NUMBER 
REQUIREMENTS .......................................................................................C-38 
MINIMUM  PARKING  REQUIREMENTS  FOR  ADDITIONS  TO 
EXISTING BUILDINGS OR STRUCTURES ...........................................C-40 
MINIMUM  PARKING  REQUIREMENTS  FOR  AN  EXPANSION  OR 
CHANGE OF USE WITHIN AN EXISTING BUILDING OR STRUCTUREC-40 
MAXIMUM PARKING REQUIREMENTS ..............................................C-41 
MITIGATION  FOR  PARKING  SIGNIFICANTLY  IN  EXCESS  OF  THE 
MINIMUM REQUIREMENT .....................................................................C-41 
CAR-SHARE PARKING SPACE PROVISIONS ......................................C-43 
RULES OF CALCULATION .....................................................................C-44 
LOCATION RESTRICTIONS ....................................................................C-45 
ACCESS REQUIREMENTS.......................................................................C-47 
SIZE AND LAYOUT REQUIREMENTS ..................................................C-48 
MAINTENANCE REQUIREMENTS ........................................................C-50 
SCREENING REQUIREMENTS FOR SURFACE PARKING .................C-50 
LANDSCAPING REQUIREMENTS FOR SURFACE PARKING LOTS C-51 
DRIVE-THROUGH QUEUING LANES ...................................................C-53 
EXCEPTIONS FROM PARKING SIZE, LAYOUT AND MAINTENANCE 
REQUIREMENTS FOR ATTENDANT PARKING ..................................C-53 
TEMPORARY SURFACE PARKING LOTS FOR BALLPARK .............C-55 
CHAPTER 8   BICYCLE PARKING ..................................................................................C-57 
INTRODUCTION .......................................................................................C-57 
BICYCLE PARKING REQUIREMENTS ..................................................C-57 
MINIMUM NUMBER OF BICYCLE PARKING SPACES ......................C-58 
RULES OF CALCULATION .....................................................................C-60 
SHORT-TERM BICYCLE PARKING SPACE REQUIREMENTS ..........C-60 
LONG-TERM BICYCLE PARKING SPACE REQUIREMENTS ............C-61 
REQUIREMENTS  FOR  SHOWERS  AND  CHANGING  FACILITIES  – 
NON-RESIDENTIAL USES .......................................................................C-62 
SPECIAL EXCEPTIONS FROM BICYCLE PARKING REQUIREMENTSC-63 
CHAPTER 9   LOADING ...................................................................................................C-65 
INTRODUCTION .......................................................................................C-65 
LOADING REQUIREMENTS ...................................................................C-65 
RULES OF MEASUREMENT ...................................................................C-68 
LOCATION RESTRICTIONS ....................................................................C-69 
ACCESS REQUIREMENTS.......................................................................C-70 
SIZE AND LAYOUT REQUIREMENTS ..................................................C-70 
MAINTENANCE REQUIREMENTS ........................................................C-71 
TRASH ROOM AND RECEPTACLE REQUIREMENTS........................C-71 
SCREENING AND LIGHTING REQUIREMENTS .................................C-72 
SPECIAL EXCEPTIONS FROM LOADING REQUIREMENTS ............C-72 
CHAPTER 10   INCLUSIONARY ZONING .......................................................................C-74 
INTRODUCTION .......................................................................................C-74 
APPLICABILITY ........................................................................................C-75 

Subtitle C-3 
BONUSES  AND  ADJUSTMENTS  TO  INCENTIVIZE  INCLUSIONARY 
UNITS ..........................................................................................................C-78 
SET-ASIDE REQUIREMENTS .................................................................C-79 
PURCHASE AND TENANCY REGULATIONS ......................................C-80 
DEVELOPMENT STANDARDS REGARDING INCLUSIONARY UNITSC-81 
OFF-SITE COMPLIANCE WITH INCLUSIONARY ZONING ...............C-81 
RELIEF FROM INCLUSIONARY ZONING REQUIREMENTS ............C-84 
APPLICABILITY DATE ............................................................................C-84 
CHAPTER 11   WATERFRONT ..........................................................................................C-85 
INTRODUCTION .......................................................................................C-85 
APPLICABILITY ........................................................................................C-85 
GENERAL WATERFRONT REGULATIONS..........................................C-85 
CHAPTER 12   COMBINED LOT PROVISIONS ...............................................................C-90 
GENERAL PROCEDURES ........................................................................C-90 
CHAPTER 13   ANTENNAS ................................................................................................C-91 
PURPOSE ....................................................................................................C-91 
CERTIFICATION  OF  FCC  COMPLIANCE  FOR  TRANSMITTING 
ANTENNAS ................................................................................................C-91 
MATTER OF RIGHT ANTENNAS ...........................................................C-92 
GROUND MOUNTED ANTENNAS .........................................................C-92 
ROOF-MOUNTED ANTENNAS ...............................................................C-93 
BUILDING-MOUNTED ANTENNAS ......................................................C-94 
ANTENNAS LOCATED IN STEALTH STRUCTURES ..........................C-95 
EXEMPTED ANTENNAS ..........................................................................C-95 
ANTENNA MOUNTED ON ANTENNA TOWERS AND MONOPOLESC-96 
ANTENNA  TOWERS  AND  MONOPOLE  IN  THE  PDR-4  AND  PDR-7 
ZONES (BY-RIGHT) ..................................................................................C-97 
ANTENNA  TOWERS  AND  MONOPOLES  AS  PART  OF  A  CAMPUS 
PLAN ...........................................................................................................C-98 
OFFICE OF PLANNING REPORT ............................................................C-98 
ANTENNAS  SUBJECT  TO  BOARD  OF  ZONING  ADJUSTMENT 
APPROVAL – GENERAL ..........................................................................C-99 
ANTENNA  TOWERS  AND  MONOPOLES  SUBJECT  TO  BOARD  OF 
ZONING ADJUSTMENT APPROVAL ...................................................C-100 
NONCONFORMING ANTENNAS .........................................................C-103 
EQUIPMENT CABINET OR SHELTER .................................................C-103 
REMOVAL OF ANTENNAS, ANTENNA TOWERS, MONOPOLES, AND 
RELATED EQUIPMENT .........................................................................C-104 
CHAPTER 14   RETAINING WALLS ...............................................................................C-105 
INTRODUCTION .....................................................................................C-105 
GENERAL PROVISIONS ........................................................................C-105 
SPECIAL EXCEPTION FROM RETAINING WALL REQUIREMENTSC-106 
CHAPTER 15   PENTHOUSES ..........................................................................................C-107 
PENTHOUSE GENERAL REGULATIONS............................................C-107 

Subtitle C-4 
PENTHOUSE HEIGHT ............................................................................C-109 
PENTHOUSE SETBACKS .......................................................................C-109 
PENTHOUSE AREA ................................................................................C-110 
RELIEF TO PENTHOUSE REQUIREMENTS .......................................C-111 
AFFORDABLE  HOUSING  PRODUCTION  REQUIREMENT 
GENERATED  BY  CONSTRUCTION  ON  A  NON-RESIDENTIAL 
BUILDING OF PENTHOUSE HABITABLE SPACE .............................C-112 
CHAPTER 16   PUBLIC  EDUCATION,  RECREATION  OR  LIBRARY  BUILDINGS  OR 
STRUCTURES ..........................................................................................C-115 
GENERAL PROVISIONS ........................................................................C-115 
DEVELOPMENT STANDARDS .............................................................C-115 
HEIGHT .....................................................................................................C-115 
LOT OCCUPANCY ..................................................................................C-116 
DENSITY – GROSS FLOOR AREA (GFA) AND FLOOR AREA RATIO 
(FAR) .........................................................................................................C-117 
MINIMUM LOT SIZE AND DIMENSIONS ...........................................C-119 
REAR YARD.............................................................................................C-120 
SIDE YARD ..............................................................................................C-120 
COURTS ....................................................................................................C-120 
PERVIOUS SURFACE .............................................................................C-121 
SPECIAL EXCEPTION ............................................................................C-121 
CHAPTER 17   PLAZA .......................................................................................................C-122 
INTRODUCTION .....................................................................................C-122 
GENERAL PROCEDURES ......................................................................C-122 
CHAPTER 18   COURTS ....................................................................................................C-124 
INTRODUCTION .....................................................................................C-124 
RULES OF MEASUREMENT .................................................................C-124 
 

Subtitle C-5

CHAPTER 1 INTRODUCTION TO GENERAL RULES

100 PURPOSE AND APPLICABILITY

100.1 Subtitle C provides general regulations applicable to all zones unless otherwise

stated in this title.

Subtitle C-6

CHAPTER 2 NONCONFORMITIES

200 INTRODUCTION TO NONCONFORMITIES

200.1 This chapter addresses structures, uses of land, and uses of structures that were

lawful before this title was adopted, but that would be prohibited, regulated, or

restricted under the terms of this title as it may be amended, and provides:

(a) Guidance regarding continuance, expansion, or replacement of

nonconforming uses;

(b) Guidance on additions or expansions to nonconforming structures; and

nonconforming uses.

200.2 Nonconformities shall be regulated in the following categories:

(a) Nonconforming use of land or structures; and

(b) Nonconforming structures.

200.3 A particular property could be regulated as either or both category.

201 GENERAL PROVISIONS

201.1 Except as otherwise permitted in this chapter, nonconforming structures or uses

may not be enlarged upon, expanded, or extended, nor may they be used as a basis

for adding other structures or uses prohibited elsewhere in the same zone district.

201.2 Any nonconforming use of a structure or of land, or any nonconforming structure

lawfully existing on the effective date of this title that remains nonconforming,

and any use or structure lawfully existing that became nonconforming on the

effective date of this title, may be continued, operated, occupied, or maintained,

subject to the provisions of this chapter.

201.3 It is necessary and consistent with the establishment of the separate zone districts

under this title that all uses and structures incompatible with permitted uses or

structures shall be regulated strictly and permitted only under rigid controls, to the

extent permitted by the Zoning Act of 1938.

SOURCE: Final Rulemaking & Order No. 08-06E published at 63 DCR 10932 (August 26, 2016).

Subtitle C-7

202 NONCONFORMING STRUCTURES

202.1 Except as provided in Subtitle C § 203.8, ordinary repairs, alterations, and

modernizations to the structure, including structural alterations, shall be

permitted.

202.2 Enlargements or additions may be made to the structure; provided that the

addition or enlargement itself shall:

(a) Conform to use and development standard requirements; and

(b) Neither increase or extend any existing, nonconforming aspect of the

structure; nor create any new nonconformity of structure and addition

combined.

203 DESTRUCTION OF A NONCONFORMING STRUCTURE

203.1 If a nonconforming structure is destroyed by fire, collapse, explosion, or act of

God to an extent of more than seventy-five percent (75%) of the cost of

reconstructing the entire structure, the nonconforming structure shall not be

restored or reconstructed except in conformity with all provisions of this title,

except as provided otherwise in Subtitle C §§ 203.2 through 203.7.

203.2 If a casualty or act of God results in damage to an extent of more than seventy-

five percent (75%), and if the structure is nonconforming only with respect to

percentage of lot occupancy the structure may be reconstructed or restored to its

previous condition or to a more conforming condition, even if that condition does

not comply with the applicable percentage of lot occupancy.

203.3 If a casualty or act of God results in damage to an extent of seventy-five percent

(75%) or less of the cost of reconstructing the entire structure, the structure may

be restored or reconstructed to its previous condition or to a more conforming

condition; provided, that the reconstruction or restoration shall be started within

twenty-four (24) months of the date of the destruction and continued diligently to

completion.

203.4 If there is a dispute between the property owner and the Zoning Administrator as

to whether the structure has been destroyed to the extent of seventy-five percent

(75%) of reconstruction cost, the costs of restoration and of reconstruction shall

be determined by the average of the estimates furnished by three (3) independent

qualified contractors. One (1) contractor shall be selected by the owner, one (1)

by the Zoning Administrator, and one (1) by the first two (2) mentioned

contractors.

203.5 The estimates required by Subtitle C § 203.4 shall be prepared and submitted

according to a standard procedure and format established by the Zoning

Subtitle C-8

Administrator, and the cost of estimates shall be at the expense of the property

owner.

203.6 Notwithstanding the restrictions of Subtitle C § 203.1, a nonconforming structure

that is a historic landmark or certified by the Historic Preservation Office to be a

structure that contributes to the character of the historic district within which it is

located, may be restored or reconstructed regardless of the extent of destruction of

the structure, subject to the provisions of the Historic Landmark and Historic

District Protection Act of 1978.

203.7 The twenty-four (24) month period provided in Subtitle C § 203.3 may be

extended for as long as it takes to apply for and receive any governmental

approvals necessary to accomplish the reconstruction or restoration, including but

not limited to approvals from the Board of Zoning Adjustment, the Historic

Preservation Review Board, and the Mayor's Agent for the Historic Landmark

and Historic District Protection Act.

203.8 If a nonconforming antenna stops functioning, a temporary replacement antenna

may be installed, subject to the following conditions:

(a) A permanent replacement antenna cannot be installed as a matter of right;

(b) The temporary installation shall be removed no later than one (1) year

after the nonconforming antenna stops functioning;

functioning, the owner or occupant of the land or structure on which the

antenna is installed shall apply to the Board of Zoning Adjustment for a

special exception under Subtitle X, Chapter 9, to install a longer term

replacement; and

(d) If the owner or occupant elects to install an immediate replacement

antenna, the cost of the temporary replacement shall not be considered by

the Board of Zoning Adjustment as a basis for approval of a special

exception to install a longer term replacement.

204 NONCONFORMING USE

204.1 A nonconforming use of land or structure shall not be extended in land area, gross

floor area, or use intensity; and shall not be extended to portions of a structure not

devoted to that nonconforming use at the time of enactment of this title.

204.2 Where the nonconforming use occupies only a portion of the structure, the

restrictions in this section shall apply only to that part of the structure devoted to

the nonconforming use.

Subtitle C-9

204.3 A new structure shall not be constructed to contain a nonconforming use, and any

addition to an existing structure containing a nonconforming use shall be devoted

to a conforming use.

204.4 Discontinuance for any reason of a nonconforming use of a structure or of land,

except where governmental action impedes access to the premises, for any period

of more than three (3) years, shall be construed as prima facie evidence of no

intention to resume active operation as a nonconforming use. Any subsequent use

shall conform to the regulations of the zone in which the use is located.

204.5 This presumption may only be rebutted by objective proof of a continuing use or

of affirmative steps taken to resume the use during the period of time identified by

the Zoning Administrator when revoking an existing certificate of occupancy or

denying an application for a replacement certificate of occupancy.

204.6 A nonconforming use that is discontinued for any reason for a period of three (3)

years or less shall be allowed to resume operation provided there was no

intervening confirming use, there are no changes to the non-conforming use and it

conforms with Subtitle C § 204.1.

204.7 Ordinary repairs, alterations, or modernizations may be made to a structure or

portion of a structure devoted to a nonconforming use. Structural alterations shall

not be allowed, except those required by other municipal law or regulation;

provided, that structural alterations shall be permitted to a lawfully existing,

nonconforming flat or apartment house located in a Residential House (R) zone,

or to a lawfully existing, nonconforming apartment house located in a Residential

Flat (RF) zone.

204.8 A non-conforming use may be changed to a use permitted as a matter of right in

the zone in which the property is located.

204.9 If approved by the Board of Zoning Adjustment, a nonconforming use may be

changed to another nonconforming use, subject to the general special exception

criteria of Subtitle X, Chapter 9, and the following conditions:

(a) The proposed non-conforming use would be permitted as a matter-of-

right in the most restrictive subtitle in which the existing non-conforming

use is permitted as a matter of right, in accordance with following order,

from most restrictive to least restrictive subtitle:

(1) Subtitle D – Residential House (R) zones;

(2) Subtitle E – Residential Flat (RF) zones;

(3) Subtitle F – Residential Apartment (RA) zones;

(4) Subtitle H – Neighborhood Mixed-Use (NC) zones;

Subtitle C-10

(5) Subtitle G – Mixed-Use (MU) zones;

(6) Subtitle I – Downtown zones (D);

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

(8) Subtitle K – Special Purpose Zones.

(b) In the R, RF, or RA zones, the proposed use shall be either a single

dwelling unit, flat, or a multiple dwelling unit development; except on an

alley lot, the proposed use may only be a single dwelling unit;

shall apply;

(d) The external impacts of the proposed use will be deemed to be no greater

than the existing use;

(e) The proposed use shall not adversely affect the present character or future

development of the surrounding area within at least three hundred feet

(300 ft.) of the site;

(f) The proposed use shall not create any deleterious external effects,

including, but not limited to, noise, traffic, parking and loading

considerations, illumination, vibration, odor, and design and siting

effects;

(g) When an existing nonconforming use has been changed to a conforming

or more restrictive use, it shall not be changed back to a nonconforming

use or less restrictive use; and

(h) The Board of Zoning Adjustment may require the provision of changes,

modifications, or amendments to any design, plan, screening,

landscaping, type of lighting, nature of any sign, pedestrian or vehicular

access, parking and loading, hours of operation, or any other restriction or

safeguard it deems necessary to protect the value, utilization, or

enjoyment of property in the neighborhood.

205 DESTRUCTION OF A STRUCTURE DEVOTED TO A

NONCONFORMING USE

205.1 If a structure devoted to a nonconforming use is destroyed by fire, collapse,

explosion, or act of God to an extent of more than fifty percent (50%) of the cost

of reconstructing the entire structure, it shall not be restored or reconstructed

except in conformity with all provisions of this title, except as provided otherwise

in this section.

Subtitle C-11

205.2 If the casualty or act of God results in damage to an extent of fifty percent (50%)

or less of the cost of reconstructing the entire structure, the structure may be

restored or reconstructed to its previous condition or to a more conforming

condition; provided, that the reconstruction or restoration shall be started within

twenty-four (24) months of the date of the destruction and diligently continued to

completion.

205.3 If there is a dispute between the property owner and the Zoning Administrator as

to whether the structure has been destroyed to the extent of fifty percent (50%) of

reconstruction cost, the costs of restoration and of reconstruction shall be

determined by the average of the estimates furnished by three (3) independent

qualified contractors, with one (1) of the contractors shall be selected by the

owner, one (1) by the Zoning Administrator, and one (1) by the first two (2)

mentioned contractors.

205.4 The estimates required by Subtitle C § 205.3 shall be prepared and submitted

according to a procedure and format established by the Zoning Administrator, and

the cost of preparing the estimates shall be at the expense of the property owner.

205.5 Notwithstanding the restrictions of Subtitle C § 205.1, a structure devoted in

whole or in part to a nonconforming use that is an historic landmark or certified

by the Historic Preservation Office to be a structure that contributes to the

character of the historic district within which it is located, may be restored or

reconstructed and the non-conforming use shall be allowed to be continued,

regardless of the extent of destruction of the structure, subject to the provisions of

the Historic Landmark and Historic District Protection Act of 1978.

205.6 The twenty-four (24) month period provided in Subtitle C § 205.2 may be

extended for as long as it takes to apply for and receive any governmental

approvals necessary to accomplish the reconstruction or restoration, including but

not limited to approvals from the Board of Zoning Adjustment, the Historic

Preservation Review Board, and the Mayor's Agent for the Historic Landmark

and Historic District Protection Act.

Subtitle C-12

CHAPTER 3 SUBDIVISION

300 INTRODUCTION

300.1 This chapter provides:

(a) General rules for the creation of new record lots;

(b) Guidance regarding how to determine the applicability of lot dimension

and shape regulations to a zone;

and shape of lots; and

(d) Controls on the number of buildings on a record lot.

300.2 Lot dimension and size regulations are intended to ensure the dimensions and

shapes of lots created are consistent with the purposes of a zone.

301 SUBSTANDARD LOTS

301.1 A record lot existing prior to the effective date of this title that does not conform

with the lot dimension and lot area requirements of the zone in which it is located

may be considered a conforming lot for the purposes of building permits and uses

provided any building or structure thereon shall meet the development standards

of the relevant zone and provided the non-conformity shall not be increased.

301.2 The minimum lot area and lot width requirements for the creation of new

residential subdivisions are located in Subtitle D, Chapter 2 and Subtitle E, Chapter

SOURCE: Final Rulemaking & Order No. 08-06E published at 63 DCR 10932 (August 26, 2016).

302 SUBDIVISION REGULATIONS

302.1 Where a lot is divided, the division shall be effected in a manner that will not

violate the provisions of this title for yards, courts, other open space, minimum lot

width, minimum lot area, floor area ratio, percentage of lot occupancy, parking

spaces, or loading berths applicable to that lot or any lot created.

302.2 Each new primary building and structure shall be erected on a separate lot of

record in all R, RF, and RA zones, except as follows:

(a) As provided for in the theoretical lot subdivision regulations of Subtitle C

§ 305.1;

Subtitle C-13

(b) Buildings and structures erected in conformance with an approved

campus plan, medical campus plan, or private school plan; and

planned unit development.

302.3 No building or structure in any zone may be erected to cover more than one (1)

record lot.

302.4 In all other zones, multiple primary buildings may be erected on a single record

lot provided that each building, and the buildings as a group, shall meet all of the

development standards for the zone.

303 LOT FRONTAGE

303.1 Except for alley lots, all new record lots shall have at least one (1) street lot line

on a public street or a public access easement approved by the District

Department of Transportation.

303.2 Where a minimum lot width is required, the length of at least one (1) street lot

line shall be at least seventy-five percent (75%) of the required lot width.

303.3 New alley record lots shall comply with the following:

(a) Have frontage along a public alley with a minimum alley width of

twenty-four feet (24 ft.) and have from the alley access to a street through

an alley or alleys not less than twenty-four feet (24 ft.) in width;

(b) Meet the lot area standards applicable under the title of the respective

zone and, if no minimum lot area standard is provided, the alley lot shall

be a minimum of eighteen hundred square feet (1,800 sq. ft.) of lot area;

and

before May 12, 1958 are combined into a larger alley record lot, the

subdivision need not comply with paragraphs (a) and (b) of this

subsection.

304 RULES OF MEASUREMENT FOR LOT WIDTH

304.1 Where the lot is an interior lot, lot width shall be determined as follows:

(a) Establish two points by measuring along each side lot line a distance of

thirty feet (30 ft.) from the intersection point of each side lot line and the

street lot line;

(b) Measure the distance of a straight line connecting the two points

described in paragraph (a) of this subsection; and

Subtitle C-14

paragraph (b) of this subsection shall be the “lot width” of the lot.

304.2 Where the lot is a through lot, lot width shall be determined as follows:

(a) Identify the longest street lot line;

(b) Establish two points by measuring a distance of thirty feet (30 ft.) from

the intersection of each side lot line and the street lot line identified in

paragraph (a) of this subsection, along each side lot line;

described in paragraph (b) of this subsection; and

(d) The distance of the straight line connecting the two points described in

paragraph (c) of this subsection shall be the “lot width” of the through lot.

304.3 Where the lot is a corner lot, the lot width shall be determined by measuring the

width of the longest street lot line.

304.4 Each new lot being created to be used and occupied by a single dwelling unit or

flat building, shall have a street frontage measured along the street lot line a

distance equal to at least forty percent (40%) of the required minimum width of

lot and in no case less than fourteen feet (14 ft.).

304.5 Each new lot being created to be used and occupied by an apartment house shall

have a street frontage measured along the street lot line a distance of not less than

thirty feet (30 ft.).

305 THEORETICAL SUBDIVISIONS

305.1 In the R, RF, and RA zones, the Board of Zoning Adjustment may grant, through

special exception, a waiver of Subtitle C § 302.1 to allow multiple primary

buildings on a single record lot provided that, in addition to the general special

exception criteria of Subtitle X, Chapter 9, the requirements of this section are

met.

305.2 The number of buildings permitted by this section shall not be limited; provided,

satisfactory evidence is submitted that all the requirements of this section are met

based on a plan of theoretical subdivision where individual theoretical lots serve

as boundaries for assessment of compliance with the Zoning Regulations.

305.3 The following development standards shall apply to theoretical lots:

(a) Side and rear yards of a theoretical lot shall be consistent with the

requirements of the zone;

Subtitle C-15

(b) Each means of vehicular ingress and egress to any principal building

shall be at least twenty-four feet (24 ft.) in width, exclusive of driveways;

be measured from the finished grade at the middle of the building façade

facing the nearest street lot line; and

(d) The rule of height measurement in Subtitle C § 305.3(c) shall supersede

any other rules of height measurement that apply to a zone, but shall not

be followed if it conflicts with the Height Act.

305.4 For a theoretical subdivision application, the following information is required to

be submitted to the Board of Zoning Adjustment, in addition to other filing

requirements pursuant to Subtitle Y § 300:

(a) Site plans including the following information:

(1) A plat of the record lots proposed for subdivision;

(2) The location of proposed streets and designated fire apparatus

roads;

(3) Location of proposed easements;

(4) Lot lines of proposed theoretical lots, and the delineation of the lot

lines shared by theoretical lots that will serve as private drives or

easements;

(5) Existing grading and proposed grading plans;

(6) Existing landscaping and proposed landscaping plans, including

the sizes and locations of all trees on or adjacent to the property on

public or private lands;

(7) Plans for the location of building footprints on theoretical lots; and

(8) Required yards (rear, side and front) based on the regulations

applicable to a zone or any modifications to regulations provided

through this section;

(b) Typical or individual floor plans and elevations for the proposed

buildings and structures; and

development standards.

Subtitle C-16

305.5 Before taking final action on an application under this section, the Board of

Zoning Adjustment shall refer the application to the Office of Planning for

coordination, review, and report, including:

(a) The relationship of the proposed development to the overall purpose and

intent of the Zoning Regulations, and other planning considerations for

the area and the District of Columbia as a whole, including the plans,

programs, and policies of other departments and agencies of the District

government; provided, that the planning considerations that are addressed

shall include, but not be limited to:

(1) Public safety relating to police and fire concerns including

emergency vehicle access;

(2) The environment relating to water supply, water pollution, soil

erosion, and solid waste management;

(3) Public education;

(4) Recreation;

(5) Parking, loading, and traffic;

(6) Urban design; and

(7) As appropriate, historic preservation and visual impacts on

adjacent parkland;

(b) Considerations of site planning; the size, location, and bearing capacity of

driveways; deliveries to be made to the site; side and rear setbacks;

density and open space; and the location, design, and screening of

structures;

provided, and their impacts;

(d) The impact of the proposed development on neighboring properties; and

(e) The findings, considerations, and recommendations of other District

government agencies.

305.6 The proposed development shall comply with the substantive intent and purpose

of this title and shall not be likely to have an adverse effect on the present

character and future development of the neighborhood.

305.7 The Board of Zoning Adjustment may impose conditions with respect to the size

and location of driveways; floor area ratio; height, design, screening, and location

Subtitle C-17

of structures; and any other matter that the Board determines to be required to

protect the overall purpose and intent of the Zoning Regulations.

305.8 Any modification to a theoretical subdivision application resulting from an

addition to a one (1) dwelling unit building may be reviewed as an expedited

review, pursuant to Subtitle Y, Chapter 4.

Subtitle C-18

CHAPTER 4 TREE PROTECTION

400 INTRODUCTION

400.1 Tree protection regulations of this title shall apply only in designated zones and

are intended to:

(a) Preserve mature trees in the District to the maximum extent possible;

(b) Prevent adverse impacts on open space, parkland, stream beds, or other

environmentally sensitive natural areas that can result from loss of tree

cover; and

mature tree cover.

400.2 Tree protection regulations of this chapter are not to be construed to relieve a

property owner of their obligation to comply with the provisions of the Urban

Forest Preservation Act of 2002, as administered by the Urban Forestry

Administration within the District Department of Transportation, and the

regulations promulgated under its authority, currently codified in Chapter 37 of

the Public Space and Safety Regulations, Title 24 DCMR.

400.3 The tree protection regulations of this chapter are only applicable when required

by a specific zone as indicated in this title.

401 TREE PROTECTION REGULATIONS

401.1 The tree protection standards required by specific zones shall apply when:

(a) Constructing a building, accessory building, horizontal building addition,

or other structure; or

(b) Causing any other land disturbing activity to the lot that could result in

the disturbance of the existing tree canopy.

401.2 Tree protection standards are based on trunk circumference. Trunk circumference

shall be measured at a height of four feet-six inches (4 ft. 6 in.) above the ground.

401.3 Construction of a building, accessory building, or an addition to a building,

creating any impervious surface area, subdividing any unimproved lot, or

subdividing any improved lot so as to increase the number of principal structures

thereupon, shall only be permitted as a matter of right subject to the following tree

removal limitations:

(a) The restrictions of this section against removing, cutting down, or fatally

damaging trees apply only to trees having a circumference of twelve

Subtitle C-19

inches (12 in.) or greater at a height of four feet-six inches (4 ft. 6 in.)

above ground;

(b) The prohibitions of this section do not apply to the removal or cutting

down of any dead or unhealthy tree or a tree that creates an unsafe

condition. The need for removal of any tree shall be certified by a tree

care professional certified by the International Society of Arboriculture;

a height of four feet-six inches (4 ft. 6 in.) above ground may be

removed, cut down, or fatally damaged;

(d) No more than three (3) trees that have a circumference of more than

thirty- eight inches (38 in.) at a height of four feet-six inches (4 ft. 6 in.)

above ground may be removed, cut down, or fatally damaged and none of

these may be located within twenty-five feet (25 ft.) of any building

restriction line or lot line abutting a public street; and

(e) The total circumference inches of all trees removed or cut down on a lot

may not exceed twenty-five percent (25%) of the total circumference

inches of all trees on the lot having a circumference greater than twelve

inches (12 in.); provided, that this section does not abrogate the right to

remove or cut down up to three (3) trees as provided in paragraph (d) of

this subsection; or any tree having a circumference of twelve inches (12

in.) or less at a height of four feet-six inches (4 ft. 6 in.) above ground.

401.4 Where removal or cutting of trees has occurred that would have been prohibited

by this section if an application for a building permit had been contemporaneously

filed, no building permit shall be issued for a period of five (5) years from such

removal or cutting unless the Board of Zoning Adjustment grants a special

exception pursuant to Subtitle X, Chapter 9 and Subtitle D § 5202.

SOURCE: Final Rulemaking & Order No. 08-06E published at 63 DCR 10932 (August 26, 2016).

Subtitle C-20

CHAPTER 5 PERVIOUS SURFACES

500 INTRODUCTION

500.1 Pervious surface regulations are intended to provide a minimum amount of

pervious area and limit the amount of impervious surface on a lot.

501 PERVIOUS SURFACE REQUIREMENT

501.1 The minimum pervious surface percentage shall be as required by the

development standards for the R and RF zones.

501.2 The minimum pervious surface percentage requirement shall be applicable only in

conjunction with the following:

(a) The construction of a new principal structure;

(b) An addition to a principal or accessory structure, other than a historic

resource, that increases the existing lot occupancy at the time of building

permit application by ten percent (10%) or more;

lot occupancy at the time of building permit application by ten percent

(10%) or more; or

(d) An addition to a historic resource that increases the existing lot

occupancy at the time of building permit application by twenty-five

percent (25%) or more.

502 RULES OF MEASUREMENT FOR PERVIOUS SURFACES

502.1 Only the following shall be considered pervious surfaces for the purposes of

calculating the pervious surface area:

(a) Grass, mulched groundcover, all areas of a vegetated roof planted with a

growing medium, and other planted areas;

(b) Permeable or pervious pavers or paving that facilitate the infiltration of

water into the soil; and

on pier foundations, and that maintain a permeable surface underneath

that can facilitate the infiltration of water into the soil.

502.2 Pervious surfaces on a lot shall not include:

Subtitle C-21

(a) On-grade surface treatments used for purposes of recreation (e.g. patios),

outdoor stairways, walking, driving and parking areas made of concrete,

brick, asphalt, decorative pavers, compacted gravel or other material that

does not facilitate the infiltration of water directly into the subsurface of

the lot;

(b) The building footprint based on its foundation perimeter, whether located

below grade or at grade;

(d) The area dedicated to a below or above grade swimming pool.

502.3 The percent of pervious surface area shall be calculated by dividing the total area

of pervious surfaces on the lot by the total area of the lot.

Subtitle C-22

CHAPTER 6 GREEN AREA RATIO

600 INTRODUCTION TO GREEN AREA RATIO

600.1 Green Area Ratio (GAR) is the ratio of the weighted value of landscape elements

to land area. The GAR score relates to an increase in the quantity and quality of

environmental performance of the urban landscape.

600.2 GAR sets integrated environmental requirements for landscape elements and site

design that contribute to the reduction of stormwater runoff, the improvement of

air quality, and the mitigation of the urban heat island effect.

600.3 The purposes of the GAR regulations are to:

(a) Implement a value-based system of requirements for environmental site

design that provides flexibility in meeting environmental performance

standards; and

(b) Promote attractive and environmentally functional landscapes.

600.4 The purpose of this chapter is to:

(a) Provide general guidance about the regulation of GAR requirements;

(b) Define the applicability of GAR;

parts;

(d) Identify those landscape elements that are included in the GAR, explain

how their area is measured, and set forth eligibility conditions;

(e) Establish multipliers for each eligible landscape element;

(f) Indicate what plans and certifications must accompany an application

submitted to demonstrate proof of GAR compliance; and

(g) Establish maintenance requirements for the landscape elements that are

provided as part of a property’s GAR requirement.

601 APPLICABILITY OF GREEN AREA RATIO STANDARDS

601.1 The requirements of this chapter became applicable October 1, 2013.

601.2 Except as provided in Subtitle C § 601.3 and pursuant to the conditions and

requirements of this chapter, properties in all zones except R and RF shall provide

a GAR as specified in the development standards chapter for the specific zone.

Subtitle C-23

601.3 The GAR standards set forth in this chapter shall apply to all new buildings and to

all existing buildings where any additions, interior renovations, or both within any

twelve (12) month period exceed one hundred percent (100%) of the assessed

value of the building as set forth in the records of the Office of Tax and Revenue

as of the date of the building permit application, except:

(a) Buildings that do not require certificates of occupancy;

(b) Municipal wastewater treatment facilities operated by the District of

Columbia Water and Sewer Authority;

following:

(1) Is located in the Central Employment Area;

(2) Has an existing one hundred percent (100%) lot occupancy prior to

the filing of the building permit;

(3) Has an existing roof that cannot support a dead load of four inches

(4 in.) of growth medium on the roof; and

(4) The work proposed by the building permit application will not

result in a roof capable of supporting a dead load of four inches (4

in.) of growth medium on the roof; or

(d) A historic resource and any additions thereto subject to the provisions of

Subtitle C § 601.7.

601.4 Notwithstanding Subtitle C § 601.2 and Subtitle A § 301.4, the provisions of this

chapter shall not apply to any application for a building permit:

(a) That has been officially accepted by the Department of Consumer and

Regulatory Affairs as being complete prior to October 1, 2013 if the

building permit plans are consistent; or

(b) Filed on or after October 1, 2013 if the building permit plans are

consistent with:

(1) An unexpired approval of a first-stage, second-stage, or

consolidated planned unit development, variance, special

exception, design review under the CG or SEFC zones, or concept

design by the Historic Preservation Review Board or Commission

of Fine Arts; provided the vote to approve occurred prior to

October 1, 2013;

Subtitle C-24

(2) An unexpired approval of a variance, special exception, or design

review under the CG or SEFC zones granted on or after October 1,

2013, for which a public hearing was held prior thereto; or

(3) An unexpired approval of a first-stage, second-stage, or

consolidated planned unit development that was granted after

October 1, 2013, but which was set down for a public hearing prior

thereto.

601.5 Any approved change or modification to a permit, project or application in

Subtitle C §§ 601.3 and 601.4 that results in an increase in impervious surface or

lot occupancy of twenty percent (20%) or more shall cause the GAR to be

applicable for that portion of a project that is effected by the modification.

601.6 In addition to meeting the applicable burden for obtaining further processing

approval under a campus plan to construct or add to a building, the college or

university applicant shall demonstrate the extent to which the building or addition

meets the GAR standards. Further processing approval shall include the

determination by the Zoning Commission that the proposed building is compliant

with the intent of the GAR regulations.

601.7 A historic resource and any additions thereto are exempt from the requirement of

this chapter as a result of a change of use or an increase of intensity of use, except

that this chapter shall be applicable when any addition results in an increase in the

gross floor area of the historic resource by fifty percent (50%) or more. For the

purposes of this chapter a “historical resource” is a building or structure listed in

the District of Columbia Inventory of Historic Sites or a building or structure

certified in writing by the Historic Preservation Office as contributing to the

character of the historic district in which it is located.

601.8 The cost basis for additions, alterations or repairs to an existing building shall be

the amount indicated by the applicant on the application for a building permit.

SOURCE: Final Rulemaking & Order No. 08-06D published at 63 DCR 10620 (August 19, 2016).

602 CALCULATION OF GREEN AREA RATIO

602.1 The GAR shall be calculated using the following formula:

(area of landscape element 1 x multiplier)+

GAR = (area of landscape element 2 x multiplier)+…

Lot Area

602.2 For the purposes of the above formula and the remainder of this chapter:

(a) The term “landscape element” refers to one (1) of the elements listed in

the table in Subtitle C § 602.9, and will be hereafter referred to as

“landscape element” or “element”;

Subtitle C-25

(b) The term “multiplier” refers the number listed Table C § 602.9 that

corresponds to a “landscape element”; and

element, unless the element is a tree or large shrub, in which case “area of

landscape element” refers to the element’s equivalent square footage as

indicated in Subtitle C § 602.7.

602.3 The process for calculating a property’s GAR under the formula is as follows:

(a) The area of each landscape element is multiplied by its corresponding

multiplier;

(b) The resulting numbers for all landscape elements are added together;

and

(d) The product of the equation equals the property’s GAR.

602.4 The total points for all permeable paving and enhanced tree growth credits may

not count for more than one-third (1/3) of the GAR score for a lot.

602.5 If multiple landscape elements occupy the same area, for example groundcover

under a tree or trees and shrubs on an intensive green roof, the full square footage

or equivalent square footage of each element may be counted.

602.6 A landscape element must meet the eligibility conditions of Subtitle C § 603.

602.7 Equivalent square feet of tree canopy and large shrubs are identified in the table

below:

TABLE C § 602.7: GAR EQUIVALENT SQUARE FEET OF TREE CANOPY AND

LARGE SHRUBS

GAR LANDSCAPE ELEMENTS

EQUIVALENT SQ. FT.

Plants, not including grasses, at least 2 feet tall at maturity

9 sq. ft. per plant

Tree canopy for trees 2.5 inches to 6 inches in diameter

50 sq. ft. per tree

Tree canopy for trees 6 inches to 12 inches in diameter

250 sq. ft. per tree

Tree canopy for trees 12 inches to 18 inches in diameter

600 sq. ft. per tree

Tree canopy for trees 18 inches to 24 inches in diameter

1,300 sq. ft. per tree

Tree canopy for trees larger than 24 inches in diameter

2,000 sq. ft. per tree

602.8 Landscape elements of the GAR shall be measured in the following ways:

Subtitle C-26

(a) All trees shall be measured for diameter at a height four feet, six inches

(4 ft. 6 in.) above grade when planted and the square footage equivalent

based on diameter shall be as established in the table in Subtitle C §

602.7;

(b) For vegetated walls, the area calculated is the height times the width of

the area to be covered by vegetation; and

vegetated walls, square footage is determined by the area of a horizontal

plane that is over the landscape element.

602.9 Eligible landscape elements are identified in the table below:

TABLE C § 602.9: GAR LANDSCAPE ELEMENTS AND MULTIPLIERS

GAR LANDSCAPE ELEMENTS

MULTIPLIER

Landscaped area (select 1 of the following for each area)

Landscaped areas with a soil depth of less than 24 inches

0.3

Landscaped areas with a soil depth of 24 inches or more

0.6

Bioretention facilities

0.4

Plantings

Ground covers, or other plants less than 2 feet tall at maturity

0.2

Plants, not including grasses, at least 2 feet tall at maturity

0.3

Tree canopy for all new trees with mature canopy spread of 40 ft. or

less calculated at 50 sq. ft. per tree

0.5

Tree canopy for all new trees with mature canopy spread of greater

than 40 ft. calculated at 250 sq. ft. per tree

0.6

Tree canopy for preservation of existing trees 6 inches to 24 inches

in diameter

0.7

Tree canopy for preservation of existing trees 24 inches in diameter

or larger

0.8

Vegetated wall, plantings on a vertical surface

0.6

Vegetated roofs

Extensive vegetated roof over at least 2 inches but less than 8 inches

of growth medium

0.6

Intensive vegetated roof over at least 8 inches of growth medium

0.8

Permeable paving

Permeable paving over at least 6 inches and less than 2 feet of soil or

gravel

0.4

Permeable paving over at least 2 feet of soil or gravel

0.5

Other

Enhanced tree growth systems

0.4

Renewable energy generation (area of)

0.5

Water features (using at least 50% recycled water)

0.2

Subtitle C-27

GAR LANDSCAPE ELEMENTS

MULTIPLIER

Bonuses

Native plant species listed in Subtitle C § 603.9

0.1

Landscaping in food cultivation

0.1

Harvested stormwater irrigation

0.1

603 LANDSCAPE ELEMENT CONDITIONS FOR GREEN AREA

RATIO

603.1 No landscape element may be counted towards a property’s GAR unless it meets

the applicable conditions stated in this section.

603.2 Plantings over the specified soil depths shall meet the required conditions listed in

Table C § 602.9: GAR Landscape Elements and Multipliers.

603.3 Bioretention facilities shall be landscaped areas that receive rainwater from

surrounding areas and use plants and soils to slow, filter, and infiltrate stormwater

runoff. Bioretention facilities include, but are not limited to, rain or rainwater

gardens, bioretention planters, or linear cells or swales. These do not include

structures made of cement or concrete alone.

603.4 Trees shall meet the following conditions:

(a) All trees shall be at least two and one-half inches (2.5 in.) in diameter

measured at a height four feet, six inches (4 ft. 6 in.) above grade when

planted and shall be replaced if damaged or killed by any cause; and

(b) All trees shall meet the American Standard for Nursery stock, as set forth

by the American Nursery and Landscape Association.

603.5 Vegetated walls shall meet the following conditions:

(a) The maximum calculated vertical dimension shall not exceed thirty feet

(30 ft.) unless the vegetated wall features a built-in growth medium;

(b) The area calculated for the vegetated wall features shall be fully covered

within a period of two (2) to five (5) years from planting;

(d) Where stormwater harvesting for irrigation is proposed, vegetated walls

shall contain a connection to the proposed irrigation system.

603.6 Vegetated roofs shall meet the following conditions:

Subtitle C-28

(a) Designs for vegetated roofs must include plans to provide supplemental

water;

(b) Where stormwater harvesting for irrigation is proposed, vegetated roofs

shall contain a connection to the proposed irrigation system; and

eligible for groundcover value towards GAR requirements.

603.7 Water features shall meet the following conditions:

(a) Water features must use harvested rainwater for at least fifty percent

(50%) of the annual flow; and

(b) The water features must be under water for at least six (6) out of twelve

(12) months.

603.8 Enhanced tree growth systems shall meet the following conditions:

(a) Be at least twenty-four inches (24 in.) deep, under pavement, and

adjacent to planting areas; and

(b) Be composed of soils that are not considered contaminated or compacted

according to the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980, approved December 11, 1980

(94 Stat. 2767; 42 U.S.C. §§ 9601 et seq.).

603.9 Native plant species shall meet the following conditions:

(a) The plants are listed in the U.S. Fish and Wildlife Service’s Native Plants

for Wildlife Conservation Landscaping: Chesapeake Bay Watershed

guide; or

(b) The applicant provides two (2) references in current publications showing

that the plant is native to the region.

603.10 Food cultivation shall meet the following conditions:

(a) All food cultivation areas must be easily accessible to at least one (1)

occupant of the building;

(b) All food cultivation areas must have a source of water that can reach all

portions of the food cultivation area; and

603.11 Harvesting stormwater for irrigation shall meet the following conditions:

Subtitle C-29

(a) If the irrigation type is spray, applicants shall follow treatment standards

set forth in the current District Department of Energy and Environment’s

Stormwater Management Guidebook; and

(b) If the irrigation type is drip, no additional treatment of stormwater is

required.

603.12 Plant species shall not be listed on the U.S. Fish and Wildlife Service’s list of

Plant Invaders of Mid-Atlantic Natural Areas or other lists acceptable to the

reviewing agency.

604 SUBMITTAL REQUIREMENTS FOR GREEN AREA RATIO

604.1 This section lists the submittal requirements for demonstrating compliance with a

GAR requirement.

604.2 For the purposes of this section, the term “Certified Landscape Expert” means a

person who is a:

(a) Commonwealth of Virginia certified landscape architect;

(b) State of Maryland certified landscape architect;

(d) Maryland’s certified Professional Horticulturist; or

(e) Landscape Contractors Association MD-DC-VA Certified Landscape

Technician.

604.3 Applicants shall submit a GAR score sheet with the GAR calculated for the given

lot at the time of building permit application.

604.4 Applicants shall provide a landscape plan prepared by a Certified Landscape

Expert that includes the following information:

(a) GAR elements called out by category and area, which may be provided

as a part of the landscape plan or as a separate document;

(b) Lot dimension and size;

(d) Location, size, and species of all plants used to meet requirements;

(e) Both common and botanical names of all plant material;

Subtitle C-30

(f) Identification of all existing trees that are to be preserved, with their

location, trunk diameter at four feet, six inches (4 ft. 6 in.) above grade,

canopy radius, and species;

(g) Plans indicating how preserved trees and other plants will be protected

during demolition and construction;

(h) Location and dimensions of wheel stops, curbs, or other devices to

protect landscaping for landscaped areas adjacent to driveways;

(i) A schematic irrigation and drainage plan and the size and depth of all

plant containers for rooftop or container landscaping or areas to be

irrigated with rainwater;

(j) Location and size of any trees to be removed;

(k) Specifications for soil improvement; and

(l) Signature of the Certified Landscape Expert who prepared the plans

together with verification that plantings and other landscape elements

meet the requirements of this chapter.

604.5 Applicants shall provide a landscape maintenance plan prepared and signed by a

Certified Landscape Expert that describes how the plantings, water features, and

hardscape features will be cared for and maintained including:

(a) Soil preparation;

(b) Use of compost;

(d) Irrigation;

(e) Weed and pest control; and

(f) Control of noxious or invasive species.

604.6 The following modifications or substitutions to the landscape elements of an

approved landscape plan require a plan revision and approval:

(a) Number of trees, shrubs, or groundcovers;

(b) Location of required plantings or landscape features;

(d) Revisions of any feature that could decrease the planting area or lower

the GAR score.

Subtitle C-31

604.7 Except as provided below, approved landscape elements shall be installed in

accordance with the approved plan prior to the issuance of the certificate of

occupancy.

604.8 Prior to the issuance of the certificate of occupancy, a landscape checklist must be

signed by a Certified Landscape Expert, verifying that that landscaping was

installed according to the building permit approved by Department of Consumer

and Regulatory Affairs.

604.9 The Zoning Administrator may grant a temporary certificate of occupancy when

installation of the required landscaping is not currently possible due to weather,

season, or site construction subject to the condition that the required landscaping

must be installed within four (4) months after the date the temporary certificate is

issued.

604.10 The Zoning Administrator may grant up to two (2) extensions of a temporary

certificate of occupancy, each for a four (4) month period based on the same

conditions of Subtitle C § 604.9.

605 SPECIAL EXCEPTIONS FOR GREEN AREA RATIO

605.1 The Board of Zoning Adjustment may grant, as a special exception, a full or

partial reduction in the GAR required under this chapter if, in addition to meeting

the general requirements of Subtitle X, Chapter 9, the applicant demonstrates that

providing the GAR is impractical as a result of equivalent sustainability measures

already being implemented on the property that achieve the intent of the GAR

through methods not available through the GAR requirement.

606 MAINTENANCE REQUIREMENTS FOR GREEN AREA

RATIO

606.1 All plantings and landscape elements used to calculate a property’s GAR must be

maintained for the life of the project. If, for any reason, the installed landscape

elements fall below the minimum required GAR score, new eligible landscape

elements shall be added to compensate and result in the required ratio. These

elements are not required to be the same as the submitted plans, so long as the

GAR achieved is equivalent.

Subtitle C-32

CHAPTER 7 VEHICLE PARKING

700 INTRODUCTION

700.1 This chapter provides parking regulations intended to:

(a) Ensure that vehicular parking areas are located, accessed, and designed to

minimize negative impacts on adjacent property, urban design, the

pedestrian environment, and public spaces;

(b) Ensure that vehicle parking areas are safe and accessible; and

compatible with their surroundings, and to reduce environmental impacts.

700.2 Any building permit application for new construction or an addition to an existing

building shall be accompanied by a detailed parking plan demonstrating full

compliance with this chapter.

700.3 The Zoning Administrator may, at his or her discretion, request that the District

Department of Transportation review and make a recommendation regarding any

item on the vehicle parking plan prior to approving the building permit

application.

700.4 No certificate of occupancy shall be issued unless the vehicle parking spaces have

been constructed in accordance with the approved parking plans.

701 MINIMUM VEHICLE PARKING REQUIREMENTS

701.1 The minimum parking requirements set forth in this section shall apply to the R,

RF, RA, MU, NC, and PDR zones; and only as specified in zones within Subtitle

701.2 Where required, the minimum parking requirements set forth in Subtitle C

§ 701.5, in addition to any specific parking requirements of this title, shall be met

when a new building is constructed.

701.3 Parking standards for uses in the residential use categories are calculated in the

number of parking spaces per dwelling unit.

701.4 Parking standards for uses based on gross floor area are calculated in the number

of parking spaces per one thousand square feet (1,000 sq. ft.) of gross floor area as

described in Subtitle C § 709.

Subtitle C-33

701.5 Except as provided for in Subtitle C § 702, parking requirements for all use

categories are as follows (all references to “sq. ft.” refers to square feet of gross

floor area as calculated in Subtitle C § 709):

TABLE C § 701.5: PARKING REQUIREMENTS

Use Category

Minimum number of vehicle parking spaces

Agriculture, large

1.67 per 1,000 sq. ft.

Agriculture, residential

None

Animal sales, care and boarding

1 per 1,000 sq. ft. in excess of 3,000 sq. ft.

Antennas

None

Arts, design, and creation

1 per 1,000 sq. ft. in excess of 3,000 sq. ft.

Basic utilities

0.33 per 1,000 sq. ft. in excess of 3,000 sq. ft.

Chancery

0.5 per 1,000 sq. ft. in excess of 3,000 sq. ft., or as

determined by the Foreign Mission Board of Zoning

Adjustment.

Community-based institutional facility

1 per 1,000 sq. ft.

Daytime care

0.5 per 1,000 sq. ft. with a minimum of 1 space required.

Eating and drinking establishments

1.33 per 1,000 sq. ft. in excess of 3,000 sq. ft.

A minimum of 1 parking space shall be required for a food

delivery service.

Education, college/university

For each building: 2 for each 3 teachers; plus either 1 for

each 10 classroom seats or 1 for each 12 stadium seats or 1

for each 10 auditorium seats, whichever is greater, except

if a campus plan has been approved by the Zoning

Commission or the Board of Zoning Adjustment for the

college or university, in which case the parking shall be

provided as set forth in the approved campus plan.

Education, private

Elementary and middle school: 2 for each 3 teachers and

other employees;

High school and accessory uses: 2 for each 3 teachers and

other employees, plus either 1 for each 20 classroom seats

or 1 for each 10 seats in the largest auditorium, gymnasium

or area usable for public assembly, whichever is greater.

Education, public

0.25 per 1,000 sq. ft.

Emergency shelter

0.5 per 1,000 sq. ft.

Entertainment, assembly, and performing arts

2 per 1,000 sq. ft.

Firearm sales

1.33 per 1,000 sq. ft. in excess of 5,000 sq. ft.

Government, large-scale

None

Government, local

0.5 space per 1,000 sq. ft. in excess of 2,000 sq. ft. with a

minimum of 1 space required; except:

Public recreation and community center: 0.25 space per

1,000 sq. ft. in excess of 2,000 sq. ft. with a minimum of 1

Subtitle C-34

Use Category

Minimum number of vehicle parking spaces

space required; and

Kiosk public library – no requirement.

Medical care

1 per 1,000 sq. ft. in excess of 3,000 sq. ft., with a

minimum of 1 space required.

Institutional, general

1.67 per 1,000 sq. ft. in excess of 5,000 sq. ft.

Institutional, religious

1 for each 10 seats of occupancy capacity in the main

sanctuary; provided, that where the seats are not fixed,

each 7 sq. ft. usable for seating or each 18 in. of bench if

benches are provided shall be considered 1 seat.

Lodging

0.5 per 1,000 sq. ft. in excess of 3,000 sq. ft.

Marine

0.5 per 1,000 sq. ft.

Motor vehicle-related

2 per 1,000 sq. ft.

Office

0.5 per 1,000 sq. ft. in excess of 3,000 sq. ft., except:

a medical or dental office, clinic, or veterinary hospital: 1

per 1,000 sq. in excess of 3,000 sq. ft.

Parking

None

Parks and recreation

0.5 per 1,000 sq. ft.

Production, distribution, repair

1 per 1,000 sq. ft. in excess of 3,000 sq. ft., except

warehouse or storage facility – 1 per 3,000 sq. ft.

Residential, single dwelling unit

1 per principal dwelling.

Residential, flat

1 per 2 dwelling units.

Residential, multiple dwelling unit

1 per 3 dwelling units in excess of 4 units, except:

1 per 2 dwelling units for any R or RF zone;

1 per 6 units of publicly assisted housing, reserved for the

elderly and/or handicapped.

Retail

1.33 per 1,000 sq. ft. in excess of 3,000 sq. ft.

Service, general

1.33 per 1,000 sq. ft. in excess of 3,000 sq. ft.

Service, financial

1.33 per 1,000 sq. ft. in excess of 3,000 sq. ft.

Sexually-based business establishment

1.67 per 1,000 sq. ft. in excess of 5,000 sq. ft.

Transportation infrastructure

None

Waste-related services

1 per 1,000 sq. ft.

701.6 If two (2) or more uses are located on a single lot or in a single building and the

applicable parking standard for such uses exempts an initial floor area (for

example, the first 3,000 sq. ft. of gross floor area), only one exempt floor area

may be deducted from the total combined parking requirements for the uses and

the exempt floor area shall be pro-rated among uses.

701.7 If two (2) or more uses are located on a single lot or in a single building, the

number of parking spaces provided on-site, or off-site in accordance with Subtitle

Subtitle C-35

C § 701.8(b), must equal the total number of parking spaces required for all uses,

except when parking is shared among uses as provided in Subtitle C § 701.9. If a

single use falls into more than one (1) use category for which different parking

minimums apply, the greater number of parking spaces shall apply.

701.8 Required parking spaces shall be located either:

(a) On the same lot as the use or structure they are meant to serve; or

(b) On another lot, subject to the following provisions:

(1) The off-site location shall be a maximum of six hundred feet (600

ft.) from the use or structure that the parking spaces serve, as

measured from the nearest lot line;

(2) The off-site location may be located within a different zone, except

that the off-site parking location for a use within any zone other

than an R or RF zone may not be located within an R or RF zone,

except in accordance with the provisions of Subtitle D § 1602.2(o)

and Subtitle E § 1102.2(j); and

(3) Spaces provided off-site in accordance with Subtitle C § 701.8(b)

shall not serve as required parking for any other use, unless they

are shared parking spaces in accordance with Subtitle C § 701.9;

effect between the owner of the parking area and the owner of the use for

which the parking spaces are required (the use);

(d) A draft of the written agreement shall be provided as part of any building

permit application associated with either the site of the parking area or

the site for which the parking spaces are required. The final, original

written agreement shall be filed with the Zoning Administrator prior to

the issuance of the first certificate of occupancy for the use and any

amendment or successor agreement must be filed no later than ten (10)

days following execution by the parties;

(e) The Zoning Administrator shall maintain a file of all written agreements

and amendments for the lot where the use is located and the lot providing

the required parking spaces; and

(f) The Board of Zoning Adjustment may allow off-site parking spaces to be

located elsewhere than as permitted pursuant to Subtitle C § 701.8(b)(1)

in accordance with the general special exception requirements of Subtitle

X, subject to:

(1) The applicant’s demonstration that the accessory parking spaces

shall be located so as to furnish reasonable and convenient

Subtitle C-36

parking facilities for the occupants or guests of the building or

structures that they are designed to serve; and

(2) The Board of Zoning Adjustment may impose conditions as to

screening, coping, setbacks, fences, the location of entrances and

exits, or any other requirement it deems necessary to protect

adjacent or nearby property. It may also impose other conditions it

deems necessary to assure the continued provision and

maintenance of the spaces.

701.9 Parking spaces, whether required or not, may be shared among more than one (1)

use, whether the uses are on the same lot or on separate lots. Parking spaces that

are shared among more than one (1) use shall be subject to the following

conditions:

(a) The spaces shall not serve as required parking for any other use during

the days and times each use they serve is in operation;

(b) Parking may be shared:

(1) Between uses and a parking site within the same zone; or

(2) Between uses and a parking site within an R and RF zone; or

(3) Between a use in an R or RF zone and a parking site in any other

zone; but

(4) May not be shared between a parking site within an R or RF zone

and a use located in any other zone;

effect between the owner of the parking area and the owner of the use for

which the parking spaces are required (the use), and shall include the

obligation set forth in Subtitle C § 701.9;

(d) A draft of the written agreement shall be provided as part of any building

permit application associated with either the site of the parking area or

the site for which the parking spaces are required. The final, original

written agreement shall be filed with the Zoning Administrator prior to

the issuance of the first certificate of occupancy for the use and any

amendment or successor agreement must be filed no later than ten (10)

days following execution by the parties; and

(e) The Zoning Administrator shall maintain a file of all written agreements

and amendments for the lot where the use is located and the lot providing

the required parking spaces.

Subtitle C-37

701.10 The number of required parking spaces shall not be reduced below the minimum

required as long as the use that generated that requirement remains in existence.

701.11 Dedicated car-share parking spaces may be counted toward fulfillment of a

minimum parking requirement.

701.12 Uses governed by a campus plan are subject to the minimum parking requirement

approved by the Zoning Commission and are not subject to the parking

requirements otherwise applicable.

701.13 Parking spaces provided in an amount which exceeds that required by this section

shall be subject to the provisions of Subtitle C § 707.

701.14 Required parking spaces shall be provided and maintained so long as the structure

that the parking spaces are designed to serve exists.

SOURCE: Final Rulemaking & Order No. 08-06D published at 63 DCR 10620 (August 19, 2016);

Final Rulemaking & Order No. 08-06E published at 63 DCR 10932 (August 26, 2016).

702 EXEMPTIONS FROM MINIMUM PARKING REQUIREMENTS

702.1 Within any zone other than an R or RF zone, the minimum vehicle parking

requirement identified in the table of Subtitle C § 701.5 shall be reduced by fifty

percent (50%) for any site which is located:

(a) Within one-half mile (0.5 mi.) of a Metrorail station that is currently in

operation or is one for which a construction contract has been awarded;

(b) Within one-quarter mile (0.25 mi.) of streetcar line that is currently in

operation or for which a construction contract has been awarded; or

Corridor Network Metrobus Routes located entirely or partially within

the District of Columbia, provided that the property is on a street on

which participation in a District Residential Parking Permit program is

not permitted, or is otherwise exempted from a District Residential

Parking Permit program:

(1) Georgia Avenue/7

Street (Routes 70, 79);

(2) Wisconsin Avenue/Pennsylvania Avenue (Routes 31, 32, 34, 36,

37, 39);

(3) Sixteenth Street (Routes S1, S2, S4, S9);

(4) H Street/Benning Road (Routes X1, X2, X3, X9);

Subtitle C-38

(5) U Street/Garfield (Routes 90, 92, 93);

(6) Anacostia/Congress Heights (Routes A2, A4, A5, A6, A7, A8, A9,

A 42, A46, A48);

(7) Fourteenth Street (Routes 52, 53, 54);

(8) North Capitol Street (Route 80); and

(9) Rhode Island Avenue (Route G8).

702.2 Any applicant claiming a reduction in required parking in accordance with

Subtitle C § 702.1 shall provide evidence to the Zoning Administrator that meets

at least one (1) of the locational requirements of Subtitle C §§ 702.1(a), (b), or (c).

702.3 Vehicle parking shall not be required:

(a) For a detached single dwelling unit, an attached single dwelling unit,

rowhouse, or flat within the R and RF zones, if the lot does not have

access to an open, improved, and public alley with a right of way of ten

feet (10 ft.) width minimum;

(b) Within the D zones, except:

(1) Parking requirements applicable to a disposition lot as defined in

the Urban Renewal Plan for the Downtown Urban Renewal Area

shall be as specified in that plan; and

(2) Within the D-5 zone west of 20

Street N.W., parking shall be

required in accordance with Subtitle C §§ 701.5 and 702.1;

(d) On any property within the CG zones that has frontage on or is located

east of South Capitol Street;

(e) Within the MU-11 zone; or

(f) For structures erected on Kingman and Heritage Islands, for which the

construction of parking spaces shall be prohibited except for handicap

spaces.

703 SPECIAL EXCEPTIONS FROM MINIMUM PARKING

NUMBER REQUIREMENTS

703.1 This section provides flexibility from the minimum required number of parking

spaces when the provision of the required number of spaces would be contrary to

other District of Columbia regulations; or impractical or unnecessary due to the

Subtitle C-39

shape or configuration of the site, a lack of demand for parking, or proximity to

transit.

703.2 The Board of Zoning Adjustment may grant a full or partial reduction in number

of required parking spaces, subject to the general special exception requirements

of Subtitle X, and the applicant’s demonstration of at least one (1) of the

following:

(a) Due to the physical constraints of the property, the required parking

spaces cannot be provided either on the lot or within six hundred feet

(600 ft.) of the lot in accordance with Subtitle C § 701.8;

(b) The use or structure is particularly well served by mass transit, shared

vehicle, or bicycle facilities;

the need for required parking spaces;

(d) Amount of traffic congestion existing or which the parking for the

building or structure would reasonably be expected to create in the

neighborhood;

(e) The nature of the use or structure or the number of residents, employees,

guests, customers, or clients who would reasonably be expected to use

the proposed building or structure at one time would generate demand for

less parking than the minimum parking standards;

(f) All or a significant proportion of dwelling units are dedicated as

affordable housing units;

(g) Quantity of existing public, commercial, or private parking, other than

on-street parking, on the property or in the neighborhood, that can

reasonably be expected to be available when the building or structure is

in use;

(h) The property does not have access to an open public alley, resulting in the

only means by which a motor vehicle could access the lot is from an

improved public street and either:

(1) A curb cut permit for the property has been denied by the District

Department of Transportation; or

(2) Any driveway that could access an improved public street from the

property would violate any regulation of this chapter, of the

parking provisions of any other subtitle in the Zoning Regulations,

or of Chapters 6 or 11 of Title 24 DCMR;

Subtitle C-40

(i) The presence of healthy and mature canopy trees on or directly adjacent

to the property; or

(j) The nature or location of a historic resource precludes the provision of

parking spaces; or providing the required parking would result in

significant architectural or structural difficulty in maintaining the

integrity and appearance of the historic resource.

703.3 Any reduction in the required number of parking spaces shall be only for the

amount that the applicant is physically unable to provide, and shall be

proportionate to the reduction in parking demand demonstrated by the applicant.

703.4 Any request for a reduction in the minimum required parking shall include a

transportation demand management plan approved by the District Department of

Transportation, the implementation of which shall be a condition of the Board of

Zoning Adjustment’s approval.

704 MINIMUM PARKING REQUIREMENTS FOR ADDITIONS

TO EXISTING BUILDINGS OR STRUCTURES

704.1 An addition to an existing building triggers additional parking requirements only

when the gross floor area of the building is expanded or enlarged by twenty-five

percent (25%) or more beyond the gross floor area on the effective date of this

title, or in the case of a new building, the gross floor area used to calculate the

initial parking requirement. The additional minimum parking required shall be

calculated based upon the entire gross floor area added.

704.2 Notwithstanding Subtitle C § 704.1, additions to historic resources shall be

required to provide additional parking spaces for an addition only if:

(a) The addition results in at least a fifty percent (50%) increase in gross

floor area beyond the gross floor area existing on the effective date of this

title; and

(b) The resulting requirement is at least four (4) parking spaces.

705 MINIMUM PARKING REQUIREMENTS FOR AN

EXPANSION OR CHANGE OF USE WITHIN AN EXISTING

BUILDING OR STRUCTURE

705.1 Additional parking spaces shall be required only when the minimum number of

parking spaces required for the new use exceeds the number of spaces required

for the prior use that occupied the same gross floor area.

705.2 When determining the required number of additional required parking spaces, it

shall be assumed that the previous use provided at least the minimum number of

spaces required.

Subtitle C-41

705.3 A historic resource shall not be required to provide additional parking spaces for a

change in use without expansion.

705.4 If a use operates solely outside of a building or structure, any expansion of that

use shall conform to the applicable parking standards.

706 MAXIMUM PARKING REQUIREMENTS

706.1 The maximums land area for all newly constructed parking areas, and for parking

areas that increase the number of parking spaces or the land area by twenty-five

percent (25%) or more, shall not exceed one hundred thousand square feet

(100,000 sq. ft.).

706.2 The Board of Zoning Adjustment may grant, as a special exception, an increase in

the maximum size of parking area allowed under Subtitle C § 706.1(a) or the

maximum parking standards of a land use subtitle if, in addition to meeting the

general requirements of Subtitle X, the applicant demonstrates that a

transportation demand management plan approved by the District Department of

Transportation will be implemented. The Board of Zoning Adjustment may

impose as a condition of its approval, requirements as to screening, landscaping,

setbacks, fences, the location of entrances and exits, or any other requirement it

deems necessary to protect adjacent or nearby property.

SOURCE: Final Rulemaking & Order No. 08-06D published at 63 DCR 10620 (August 19, 2016).

707 MITIGATION FOR PARKING SIGNIFICANTLY IN EXCESS

OF THE MINIMUM REQUIREMENT

707.1 For the purposes of this section, the term “excess parking space” is defined as all

vehicle parking spaces provided in excess of the minimum parking requirement

for that location and use pursuant to Subtitle C § 701, but shall not include either

parking spaces to be dedicated to an off-site use in accordance with the provisions

of Subtitle C §§ 701.7 and 701.8, or dedicated car-share spaces provided in

accordance with the provisions of Subtitle C § 708.

707.2 For the purposes of this section, the term “minimum parking required” shall

mean:

(a) The minimum required number of parking spaces pursuant to Subtitle C

§ 701.5 for the relevant use(s); or

(b) Within the D and CG zones, where there is no minimum parking

requirement, the minimum number of parking spaces otherwise required

for that use pursuant to Subtitle C § 701.5.

707.3 The provision of excess parking spaces shall require the following transportation

demand management features:

Subtitle C-42

(a) For any site for which the parking requirement of Subtitle C § 701.5 is

twenty (20) parking spaces or greater, any excess parking spaces greater

than two times (2 X) the minimum parking required for that use shall

require the following transportation demand management measures:

(1) Bicycle parking spaces provided in accordance with the provisions

of Subtitle C § 801 at a rate of one (1) bicycle parking space for

each three (3) excess parking spaces, to a maximum of one-

hundred (100) additional bicycle parking spaces, with such bicycle

parking spaces being provided at the same ratio of long and short

term spaces as required in Subtitle C § 802.1;

(2) One (1) tree for every ten (10) excess parking spaces, with such

trees to be planted within public space in the Ward in which the

site is located, at a location to be determined by the Urban Forestry

Division of the District Department of Transportation, and of a

species and size consistent with industry standards for street trees;

(3) One (1) on-site or publicly accessible electric car charge station for

every twenty (20) excess parking spaces;

(4) One (1) car share space to be provided in accordance with the

provisions of Subtitle C §§ 708.3 through 708.4 for every twenty

(20) excess parking spaces, to a maximum of ten (10) car share

spaces; and

(5) The GAR required for the site pursuant to Subtitle C, Chapter 6

shall be increased by a rate of .001 for each two (2) excess parking

spaces, to a maximum of an additional 0.1;

(b) In addition, the provision of more than one hundred (100) excess parking

spaces shall require the provision of one (1) Capital Bikeshare station

with a minimum of twelve (12) bike stalls, and the provision of more than

two hundred (200) excess parking spaces shall require the provision of

two (2) Capital Bikeshare stations with a minimum of twelve (12) bike

stalls each, or the provision of one (1) Capital Bikeshare station with a

minimum of twenty-four (24) bike stalls. These shall be located on site

or at an off-site location within the Ward at a location to be determined

by the District Department of Transportation;

of a certificate of occupancy for the site;

(d) Any requirement of this section shall be in addition to any other

requirements of Subtitle C, Chapters 7 and 8; and

Subtitle C-43

(e) The Board of Zoning Adjustment may grant, as a special exception, relief

from Subtitle C §§ 707.3(a) and (b) if, in addition to meeting the general

requirements of Subtitle X, the applicant demonstrates that:

(1) Mitigation requirements for the excess parking spaces are not

required due to other transportation demand management, bike

way, or pedestrian way improvement commitments of the

applicant, to be provided prior to the issuance of a certificate of

occupancy for the building or site containing the parking; or

(2) The excess parking spaces will serve a District-identified need for

parking in the community, and will be entirely shared (non-

dedicated) parking spaces available at regular market rates to the

public at all times that the facility with the parking is open.

708 CAR-SHARE PARKING SPACE PROVISIONS

708.1 Dedicated car-share parking spaces may be counted toward fulfillment of any

minimum parking requirement in any zone other than an R or RF zone.

708.2 Up to two (2) dedicated car share spaces provided in accordance with this

provision may each count as three (3) required parking spaces for the purposes of

calculating the provision of required parking pursuant to Subtitle C § 701.5.

708.3 Any car-share space provided pursuant to Subtitle C § 708.2 shall be made

available to any car-share organization with a valid business license, for the

purpose of providing car-share services for its subscribers, in accordance with the

following provisions:

(a) The car-share spaces shall be accessible at all times to subscribers who

may or may not be residents or employees of uses on the lot. Reasonable

security measures, such as keyless entry devices, may be used; and

(b) The following information shall be provided to the Zoning Administrator:

(1) Written notice of the number and location of car-share spaces that

will be available;

(2) A D.C. Surveyor’s Plat of the property;

(3) A floor plan or site plan of the parking area clearly identifying the

required car-share spaces;

(4) The square and lot number, address, property owner contact

information; and

(5) Any other pertinent information as determined by the Zoning

Administrator.

Subtitle C-44

708.4 Within any R or RF zone, up to two (2) car-share spaces may be provided on the

property, subject to the following provisions:

(a) Any car-share space is provided in addition to any required parking space

for the principal dwelling;

(b) The lot has access to an open and improved alley with a width of ten feet

(10 ft.) minimum;

has either:

(1) A width along the property line from which access to the car-share

space is to be provided of at least twenty-five feet (25 ft.); or

(2) A minimum of fifteen feet (15 ft.) between the parking area and

the principal dwelling;

(d) If two (2) car-share spaces are to be provided on the property, the

property has either:

(1) A width along the property line from which access to the car-share

space is to be provided of at least thirty-five feet (35 ft.); or

(2) A minimum of ten feet (10 ft.) between the parking area and the

principal dwelling; and

(e) The car-share spaces shall be accessible at all times to subscribers who

may or may not be residents on the lot.

709 RULES OF CALCULATION

709.1 Gross floor area shall be as defined in Subtitle B, except that for purposes of

calculating off-street parking requirements:

(a) In all zones, gross floor area shall not include floor area devoted to off-

street parking or loading facilities, including aisles, ramps, and

maneuvering space or space devoted exclusively to bicycle storage or

support (lockers and showers) facilities;

(b) In all zones, gross floor area shall include penthouse habitable space

except that recreation space for residents or tenants of the building or

other ancillary space associated with a rooftop deck shall not be included;

shall include cellar floor area devoted to uses within the Government,

Local use;

Subtitle C-45

(d) In the MU-3, MU-4, MU-7, MU-17, MU-24, MU-25, MU-26, MU-27,

NC-1, NC-2, NC-3, NC-4, NC-6, NC-7, NC-8, NC-9, NC-12, NC-14,

NC-15, NC-16, RC-2, ARTS-1, ARTS-3, PDR-1, PDR-4, PDR-5,

PDR-6, and PDR-7 zones, gross floor area shall include cellar floor area

devoted to uses within following use groups:

(1) Animal sales, care and boarding;

(2) Arts, design and creation;

(3) Chancery;

(4) Eating and drinking establishments;

(5) Firearm sales;

(6) Medical care;

(7) Office;

(8) Retail; and

(9) Service, general and financial; and

(e) In the PDR-2 and PDR-3 zones, gross floor area shall include the cellar

floor area devoted to uses within the Office and Chancery use groups.

709.2 When an initial amount of floor area or number of dwelling units is exempted,

that amount or number is subtracted from the total before the minimum parking

requirement is calculated.

709.3 Calculations of parking spaces that result in a fractional number of one-half (0.5)

or more shall be rounded up to the next whole number. Any fractional result of

less than one-half (0.5) shall be rounded down to the previous whole number.

709.4 The number of teachers or employees shall be computed on the basis of the

greatest number of persons to be employed at any one period during the day or

night, including persons having both full-time and part-time employment.

SOURCE: Final Rulemaking & Order No. 08-06D published at 63 DCR 10620 (August 19, 2016).

710 LOCATION RESTRICTIONS

710.1 The intent of this section is to prevent negative impacts on neighboring property

from excessive parking, minimize vehicle-pedestrian conflicts, respect the

pedestrian environment, foster good urban design, and provide space for active

uses to line parking structures.

710.2 Vehicle parking spaces shall be located:

(a) Within or below a building or structure; except in all zones except for any

R, RF, or Subtitle K zones, parking spaces provided within a structure

shall be located at least twenty feet (20 ft.) from all lot lines that abut

public streets or a waterfront setback required pursuant to Subtitle C

Subtitle C-46

§ 1102, unless the surface of the parking spaces is at least ten feet (10 ft.)

below grade, at all points along the building frontage; and

(b) On an open area of the lot, except:

(1) Between a building restriction line and a front lot lone;

(2) In any zone other than a PDR zone, surface parking spaces shall

not be located within a front yard. A building used solely as a

parking attendant shelter shall not trigger this restriction;

(3) Surface parking spaces shall be permitted only as a special

exception pursuant to Subtitle C § 1102.5 if located:

(A) Anywhere on a lot within the MU-11 through MU-14; or

(B) Within a waterfront setback area pursuant to Subtitle C

§ 1102;

(4) Parking spaces and access isles for and buildings, structures or

uses adjacent to the Anacostia River, Potomac River, or

Washington Channel shall be sited and designed in accordance

with the requirements of Subtitle C § 1102; or

(5) Within all R and RF zones of, any surface parking lot for more

than ten (10) parking spaces shall be located a minimum of six feet

(6 ft.) from any property line, with the space between the surface

parking lot and the property line providing landscaping and

screening consistent with Subtitle C §§ 714 and 715.

710.3 The Board of Zoning Adjustment may allow surface parking spaces to be located

anywhere on the lot upon which the building or structure is located in accordance

with the general special exception requirements of Subtitle X, and the applicant’s

demonstration of the following:

(a) The Board of Zoning Adjustment shall determine that it is not practical to

locate the spaces in accordance with Subtitle C § 710.2 for the following

reasons:

(1) Unusual topography, grades, shape, size, or dimensions of the lot;

(2) The lack of an alley or the lack of appropriate ingress or egress

through existing or proposed alleys or streets;

(3) Traffic hazards caused by unusual street grades; or

(4) The location of required parking spaces elsewhere on the same lot

or on another lot would result in more efficient use of land, better

Subtitle C-47

design or landscaping, safer ingress or egress, and less adverse

impact on neighboring properties;

(b) The accessory parking spaces shall be located so as to furnish reasonable

and convenient parking facilities for the occupants or guests of the

building or structures that they are designed to serve; and

coping, setbacks, fences, the location of entrances and exits, or any other

requirement it deems necessary to protect adjacent or nearby property. It

may also impose other conditions it deems necessary to assure the

continued provision and maintenance of the spaces.

711 ACCESS REQUIREMENTS

711.1 Approval of a driveway under this title does not constitute permission for a curb

cut in public space. An applicant for a driveway with a curb cut in public space

shall have the responsibility to obtain all other necessary approvals from the

District Department of Transportation.

711.2 All required parking spaces, driveways, and entrances that provide access to

parking areas, shall conform to the requirements of this section.

711.3 All required parking spaces, other than as permitted in Subtitle C § 711.4, shall be

accessible at all times from a driveway accessing either:

(a) An improved street, except as restricted in Subtitle C § 711.9; or

(b) An improved alley or alley system with a minimum width of ten feet (10

ft.).

711.4 An automated parking garage shall meet the requirements of Subtitle C § 711.3,

although individual parking spaces provided as part of the automated parking

garage do not.

711.5 Within twenty feet (20 ft.) of all street lot lines, a driveway shall be at least eight

feet (8 ft.) wide and not more than ten feet (10 ft.) wide if it:

(a) Provides access to parking spaces serving a single dwelling unit or flat;

(b) Provides access to no more than two (2) parking spaces for any use; or

three (3) single dwelling units or flats.

711.6 Within twenty feet (20 ft.) of all street lot lines, a driveway other than as

described in Subtitle C § 711.5 shall be:

Subtitle C-48

(a) At least twelve feet (12 ft.) wide for one-way traffic or twenty feet (20 ft.)

wide for two-way traffic; and

(b) Not more than twenty-four feet (24 ft.) wide.

711.7 When parking spaces are provided within a building or structure, all vehicular

entrances or exits shall be set back at least twelve feet (12 ft.) from the center line

of any adjacent alley for a minimum height of ten feet (10 ft.).

711.8 A driveway that provides access to required parking spaces shall have a maximum

grade of twelve percent (12%) with a vertical transition at the property line.

711.9 Driveways to required parking spaces for groups of three (3) or more row

dwellings that are constructed concurrently on adjacent lots shall be governed by

the following provisions:

(a) Access to vehicle parking from a public or private street to individual

rowhouses shall not be permitted; and

(b) For vehicle parking provided on a separate lot in accordance with Subtitle

C § 701.8, the Board of Zoning Adjustment may allow by special

exception a single driveway access from a public or private street in

accordance the requirements of Subtitle X and the following provisions:

(1) There is no alternative access to on-site parking spaces through

open and improved existing or proposed alleys;

(2) The Board of Zoning Adjustment determines that the parking

access does not impose traffic hazards or any adverse impact on

the surrounding neighborhood; and

(3) The Board of Zoning Adjustment may impose conditions as to the

location of the parking access, screening, or any other requirement

it deems necessary to ensure safety and to protect adjacent or

nearby property.

711.10 Required parking spaces for a motor vehicle-related use category may be arranged

so that all spaces are not accessible at all times. All parking spaces provided under

this subsection shall be designed and operated so that sufficient access and

maneuvering space is available to permit the parking and removal of any vehicle

without moving any other vehicle onto public space.

712 SIZE AND LAYOUT REQUIREMENTS

712.1 All required parking spaces and parking aisles shall conform to the dimension

requirements of this section, except as provided in Subtitle C § 717.

712.2 An automated parking garage is exempt from the requirements of this section.

Subtitle C-49

712.3 At least fifty percent (50%) of the required parking spaces must meet the

minimum full-sized parking space standards of Subtitle C § 712.5. All other

spaces must meet the minimum compact parking space standards in Subtitle C

§ 712.6.

712.4 Parking spaces provided on the same lot as a historic resource shall meet the

minimum dimensional requirements of Subtitle C § 712.6.

712.5 The minimum dimensions for full-sized parking spaces and aisles are as follows:

TABLE C § 712.5: MINIMUM DIMENSIONS FOR FULL-SIZED PARKING SPACES

AND AISLES

Parking Angle

Stall Width

Depth of Stalls

Perpendicular to

Aisle

One-Way Drive

Aisle Width

Two-Way Drive

Aisle Width

9 ft.

17.5 ft.

17 ft.

N/A

9 ft.

19 ft.

17 ft.

N/A

9 ft.

18 ft.

20 ft.

Parallel

22 ft.

8 ft.

12 ft.

20 ft.

712.6 The minimum dimensions for spaces and aisles exclusively for compact parking

spaces are as follows:

TABLE C § 712.6: MINIMUM DIMENSIONS FOR COMPACT PARKING SPACES AND

AISLES

Parking Angle

Stall Width

Depth of Stalls

Perpendicular

to Aisle

One-Way Drive

Aisle Width

Two-Way Drive

Aisle Width

8 ft.

16.5 ft.

16 ft.

N/A

8 ft.

17 ft.

16 ft.

N/A

8 ft.

16 ft.

20 ft.

Parallel

20 ft.

8 ft.

12 ft.

20 ft.

712.7 All parking spaces and access ways to and from spaces shall have a minimum

vertical clearance of six feet, six inches (6 ft., 6 in.).

712.8 Above grade parking areas shall be designed so that no vehicle shall project over

any lot line, front setback line, or building restriction line.

712.9 Except on a lot that only has one (1) or two (2) dwelling units:

(a) Wheel bumper guards, curbs, guard rails, or screening shall be installed

between the property line and the perimeter of the parking area; and

(b) All parking areas and spaces shall be designed and operated so that

sufficient access and maneuvering space is available to permit the

Subtitle C-50

parking and removal of any vehicle without moving any other vehicle

onto public space.

712.10 All individual compact parking spaces shall be clearly labelled as such.

713 MAINTENANCE REQUIREMENTS

713.1 All parking areas, including access aisles, driveways, and ramp areas, shall be

surfaced and maintained with an all-weather surface. In addition to traditional

impervious surfaces, allowable all-weather surfaces include porous (or pervious)

concrete, porous asphalt, and mechanically reinforced grass. Gravel and grass that

is not mechanically reinforced are not allowed as surface materials required under

this subsection.

713.2 All parking spaces shall be clearly striped according to the dimensions specified

in Subtitle C § 712. Durable all-weather materials shall be used for striping.

Striping shall be maintained for as long as the parking spaces are in use.

713.3 A parking lot serving a use in the retail or eating and drinking establishment use

category shall provide at least one (1) litter receptacle within the parking area.

714 SCREENING REQUIREMENTS FOR SURFACE PARKING

714.1 Screening shall be required for any external surface parking spaces located:

(a) Within a zone other than a PDR zone; or

(b) In a PDR zone and abutting property that is not within a PDR zone; and

not required to be screened.

714.2 Screening of external surface parking shall be provided in accordance with the

following provisions:

(a) Screening shall be provided around the entire perimeter of the surface

parking area;

(b) Gaps in the screening are allowed only to provide driveways and

pedestrian exits or entrances that open directly onto a street, sidewalk or

alley. No individual gap may exceed twenty feet (20 ft.) in width; and

(1) A wall or solid fence at least forty-two (42) inches high; or

Subtitle C-51

(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, and maintained in perpetuity.

714.3 The Board of Zoning Adjustment may grant, as a special exception, a

modification or waiver of these screening requirements. In addition to the general

requirements of Subtitle X, the Board of Zoning Adjustment may consider:

(a) Impacts on the pedestrian environment within adjacent streets, sidewalks,

and other public areas;

(b) Existing vegetation, buildings or protective and screening walls located

on adjacent property;

(d) Traffic conditions; and

(e) In granting a modification or waiver, the Board of Zoning Adjustment

may require any special treatment of the premises that it deems necessary

to prevent adverse impacts on neighboring properties or the general

public.

715 LANDSCAPING REQUIREMENTS FOR SURFACE PARKING

LOTS

715.1 Surface parking lots with ten (10) or more parking spaces shall conform to the

landscaping, tree canopy cover, and lighting requirements of this section:

715.2 A minimum of ten percent (10%) of the total area devoted to parking, including

aisles and driveways shall be covered by landscaped areas planted with trees and

shrubs.

715.3 The landscaping shall be maintained in a healthy, growing condition. Dead or

dying plant material shall be replaced.

715.4 The landscaping shall be designed and maintained to accept storm water runoff

from the surrounding parking area.

715.5 All end islands of parking rows longer than nine (9) parking spaces, and all areas

otherwise not used for ingress and egress, aisles, and parking spaces shall be

landscaped.

715.6 The following shall not count towards the landscape area requirements of this

section:

(a) Landscape areas of less than one (1) foot in any horizontal dimension;

Subtitle C-52

(b) Landscaping around the perimeter of the parking area greater than a

distance of six feet (6 ft.) from the parking pavement area;

(d) Any landscape area with a soil depth of less than one (1) foot; or

(e) Permeable surface area used for parking or access to parking, or

otherwise incapable of being landscaped.

715.7 The parking area shall be provided with the equivalent of one (1) canopy tree per

five (5) parking spaces subject to the following requirements:

(a) Trees of the species listed in the District Department of Transportation

Green Infrastructure Standards shall be planted with the following

conditions:

(1) For every tree planted from the list of small trees, a tree from the

list of medium or large tress, or a substitute approved by the Urban

Forestry Administration (UFA), shall be planted;

(2) Species not on the list in Green Infrastructure Standards may be

planted if determined by the UFA to be equivalent to species from

the list; and

(3) The Zoning Administrator may accept any written communication

from the UFA as approval of a tree species;

(b) Trees shall be planted in areas that are included in the landscaped areas

required by Subtitle C §§ 715.4 and 715.5; and

requirement based on the following:

(1) Preservation of existing trees and vegetation shall be given special

consideration, contingent upon adequate tree preservation

techniques being applied to ensure a high survival rate;

(2) All newly planted trees shall have a minimum diameter of two and

one-half inches (2.5 in.) in diameter;

(3) All trees shall be planted or retained in a space that provides a

minimum of five hundred (500) cubic feet of soil volume per tree;

(4) Trees shall be planted a minimum of four feet (4 ft.) from any

protective barrier, such as curbs or wheel stops with no horizontal

dimension less than four feet (4 ft.) and a minimum depth of three

feet (3 ft.); and

Subtitle C-53

(5) If tree planting areas are located adjacent to vehicle overhangs,

trees shall be planted within one foot (1 ft.) of lines extending from

the stripes between parking spaces.

715.8 Any lighting used to illuminate a parking area or its accessory buildings shall be

arranged so that all direct light rays are confined to the surface of the parking

area.

715.9 The Board of Zoning Adjustment may grant, as a special exception, a full or

partial reduction in the landscape standards for parking lots required by this

section if, in addition to meeting the general requirements of Subtitle X, the

applicant demonstrates that complying with the landscape standards is impractical

because of size of lot, or other conditions relating to the lot or surrounding area

that would tend to make full compliance unduly restrictive, prohibitively costly,

or unreasonable.

SOURCE: Final Rulemaking & Order No. 08-06D published at 63 DCR 10620 (August 19, 2016).

716 DRIVE-THROUGH QUEUING LANES

716.1 A driveway serving as a motor vehicle queuing lane shall conform to the

standards in this section.

716.2 The queuing lane shall provide a minimum of five (5) queuing spaces before the

first service location and one (1) queuing space after the last service location

before entering public space.

716.3 No queuing space may be located within twenty feet (20 ft.) of any street lot line.

716.4 Each queuing space shall be a minimum of ten feet (10 ft.) in width by nineteen

feet (19 ft.) in length and shall constitute an exclusive queuing lane.

716.5 The queuing lane shall not be the only entry or exit lane on the premises.

716.6 Any lighting used to illuminate the queuing lane shall be so arranged that all

direct light rays are confined to the surface of the queuing lane.

717 EXCEPTIONS FROM PARKING SIZE, LAYOUT AND

MAINTENANCE REQUIREMENTS FOR ATTENDANT

PARKING

717.1 In an MU or D zone, the Zoning Administrator may waive the parking space

dimensional, size, design, and striping requirements stated in Subtitle C §§ 712.4

through 712.7, and 713 for parking located within a building if:

(a) The parking area is a minimum of twenty-thousand square feet (20,000

sq. ft.);

Subtitle C-54

(b) A minimum of two hundred eighty-five square feet (285 sq. ft.) of

parking area will be provided for each parking space;

gross floor area of the building or structure;

(d) Parking will be managed from 7:00 a.m. to 7:00 p.m. by employed

attendants to park the vehicles within the parking area; and

(e) No individual area measuring less than seven feet (7 ft.) by fourteen feet

(14 ft.), exclusive of column obstructions, shall be used to park motor

vehicles.

717.2 The request for a waiver under Subtitle C § 717.1 must be accompanied by:

(a) A written parking plan submitted to the Zoning Administrator that

demonstrates how parking shall be provided if attendant parking is

discontinued; and

(b) A certification by the building owner that the parking will be operated in

conformance with Subtitle C § 717.3.

717.3 Parking granted a waiver pursuant to Subtitle C § 717.1 shall be operated in

conformance with the following conditions:

(a) A permanent sign shall be posted at each entrance in full view of the

public that states: “Attendant assisted parking is required by the District

of Columbia Zoning Regulations,” and that states the hours during which

attendant parking is provided;

(b) The sign shall have a white background, with black lettering that is at

least two inches (2 in.) in height;

designed and operated so that sufficient access and maneuvering space is

available to permit the parking and removal of any vehicle without

moving any other vehicle onto public space;

(d) Where aisles are provided, they shall meet the design requirements

stipulated in Subtitle C § 712; and

(e) If attendant parking is discontinued, the parking spaces shall thereafter

conform to the requirements in Subtitle C §§ 712.4 through 712.7, and

713 and the parking area shall be operated in conformance with the

parking plan required by Subtitle C § 717.2(a). The purpose of the

parking plan is to demonstrate that all unattended parking spaces will

meet the size and layout requirements of these subsections, and that any

minimum parking requirement will be met.

Subtitle C-55

718 TEMPORARY SURFACE PARKING LOTS FOR BALLPARK

718.1 A temporary surface parking lot for the Ballpark shall be permitted on Squares

603, 605, 657, 658, 660, 661, 662, 662E, 664, 664E, 665, 700, 701, 707, 708,

708E, 708S, 744S, and 882; Square 658, Lot 7; Square 767, Lots 44-47; Square

768, Lots 19-22; and Square 769, Lots 18-21 (“the subject squares”), when

permitted by the regulations of the relevant land use subtitle, and subject to the

provisions of this section.

718.2 The cumulative total of all temporary surface parking spaces for which a valid

building permit has been issued pursuant to this section shall not exceed three

thousand seven hundred seventy-five (3,775) parking spaces, except as provided

in Subtitle C § 718.7.

718.3 Any certificate of occupancy issued pursuant to this subsection shall expire no

later than April 1, 2018.

718.4 The application for a building permit for matter-of-right construction shall include

a detailed accounting demonstrating that the circumstances described in Subtitle C

§ 718.7 do not apply.

718.5 No certificates of occupancy for this use shall be issued until the District

Department of Transportation has approved a traffic routing plan for the lot,

which shall include the impact of other proposed lots if required by District

Department of Transportation.

718.6 The traffic routing plan described in Subtitle C § 718.5 shall not direct traffic

through I Street, S.W., P Street, S.W., or 4

Street, S.W.

718.7 If and when valid building permits issued pursuant to this section authorize an

aggregate of three thousand seven hundred seventy-five (3,775) or more parking

spaces, the construction and use of additional temporary spaces on any of the

subject squares shall require special exception approval of the Board of Zoning

Adjustment pursuant to Subtitle X, and in accordance with Subtitle C §§ 718.8

through 718.10 and the following provisions:

(a) Any certificate of occupancy issued pursuant to this subsection shall

expire no later than April 1, 2018; and

(b) The Board of Zoning Adjustment application shall include a detailed

accounting of the number and locations of temporary parking spaces

provided pursuant to Subtitle C §§ 718.2 through 718.5; and shall also

include a traffic study assessing the impacts of the proposed additional

parking spaces on local traffic patterns for referral to and comment by the

District Department of Transportation.

718.8 Any parking lot authorized by this section shall be available for exclusive use of

attendees at any baseball game or other public event held at the Ballpark for a

Subtitle C-56

period extending from one and a half (1.5) hours prior to the scheduled start of the

event, to three (3) hours after the event. At all other times, the parking lot may be

used for:

(a) Parking on a general basis for Non-Commercial Motor Vehicles as that

term is defined by 18 DCMR § 1312.3(c), except vehicles equipped to

serve as temporary or permanent living quarters; or

(b) A seasonal or occasional market for produce, arts or crafts with non-

permanent structures.

718.9 No use, other than permitted in this section shall be conducted from or upon the

premises, and no structure other than an attendant's shelter shall be erected or

used upon the premises unless the use or structure is otherwise permitted in the

zone in which the parking lot is located.

718.10 A temporary surface parking lot provided in accordance with this section shall

comply with provisions of Subtitle C §§ 711 through 715 and the following

standards:

(a) A minimum of five percent (5%) of parking spaces shall be reserved for a

registered and recognized, publicly accessible car/ride-share program

with a significant District user base and a mandate that is not commuter-

oriented; and

(b) The car/ride share spaces shall be provided in premium, visible, bannered

locations, and will be available, for a fee, exclusively for this use until the

start of the event on that day.

Subtitle C-57

CHAPTER 8 BICYCLE PARKING

800 INTRODUCTION

800.1 Any building permit application for new construction or addition to an existing

building shall be accompanied by a bicycle parking plan, which shall be depicted

on detailed site plans and building plans and demonstrate full compliance with

this chapter.

800.2 The Zoning Administrator may at his or her discretion, request that District

Department of Transportation review and make a recommendation regarding any

item on the bicycle parking plan prior to approving the building permit

application.

800.3 No certificate of occupancy shall be issued unless the bicycle parking spaces have

been constructed in accordance with the approved bicycle parking plan.

801 BICYCLE PARKING REQUIREMENTS

801.1 When bicycle parking spaces are required, signs shall be posted in a prominent

place at each entrance to the building or structure stating where bicycle parking

spaces are located.

801.2 A property owner shall provide and maintain all required bicycle parking spaces

so long as the structure that the bicycle parking spaces are designed to serve

exists. Maintenance of required bicycle parking spaces shall include keeping all

racks and spaces clear of snow, ice, and any other obstructions.

801.3 Where required bicycle parking is provided as racks, the racks must meet the

following standards:

(a) The bicycle frame and one (1) wheel can be locked to the rack with a

high security U-shaped shackle lock without removing a wheel from the

bicycle;

(b) A bicycle six feet (6 ft.) long can be securely held with its frame

supported in at least two (2) places so that it cannot be pushed over or fall

in a manner that would damage the wheels or components;

one another; twenty-four inches (24 in.) from any other obstructions; with

a forty-eight inch (48 in.) minimum aisle separating racks; and provide a

minimum clearance width of twelve inches (12 in.) for each bicycle; and

(d) The rack shall be securely anchored.

Subtitle C-58

801.4 Each required bicycle parking space shall be accessible without moving another

bicycle.

802 MINIMUM NUMBER OF BICYCLE PARKING SPACES

802.1 All residential uses with eight (8) or more dwelling units and non-residential uses

with four thousand square feet (4,000 sq. ft.) or more of gross floor area shall

provide bicycle parking spaces as follows:

TABLE C § 802.1: MINIMUM NUMBER OF BICYCLE PARKING SPACES

Use

Long-Term Spaces

Short-Term Spaces

Agriculture, large

None

2 spaces

Agriculture, residential

None

Animal sales, care and boarding

1 space for each 10,000 sq. ft.

Antennas

None

Arts, design and creation

1 space for each 10,000 sq. ft.

1 space for each 20,000 sq. ft.

Basic utilities

1 space for each 20,000 sq. ft.

None

Chancery

1 space for each 5,000 sq. ft.

1 space for each 40,000 sq. ft.

Community-based institutional

facility

1 space for each 10,000 sq. ft.

Daytime care

1 space for each 10,000 sq. ft.

Eating and drinking establishment

1 for each 10,000 sq. ft.

1 space for each 3,500 sq. ft.

Education, college / university

1 space for each 7,500 sq. ft.

1 space for each 2,000 sq. ft.

Education, private school

1 space for each 7,500 sq. ft.

1 space for each 2,000 sq. ft.

Education, public

1 space for each 7,500 sq. ft.

1 space for each 2,000 sq. ft.

Emergency shelter

1 space for each 10,000 sq. ft.

Entertainment, assembly, and

performing arts

1 space for each 10,000 sq. ft.

Firearm sales

1 space for each 10,000 sq. ft.

1 space for each 3,500 sq. ft.

Government, large-scale

1 for each 7,500 sq. ft.

1 space for each 40,000 sq. ft. but

no less than 6 spaces

Government, local

1 for each 7,500 sq. ft.

1 space for each 40,000 sq. ft. but

no less than 6 spaces

Medical care

1 space for each 10,000 sq. ft.

1 space for each 40,000 sq. ft.

Institutional, general

1 space for each 7,500 sq. ft.

1 space for each 2,500 sq. ft. but

no less than 8 spaces

Institutional, religious

1 space for each 7,500 sq. ft.

1 space for each 2,500 sq. ft. but

no less than 8 spaces

Lodging

1 space for each 10,000 sq. ft.

1 space for each 40,000 sq. ft.

Marine

None

1 space for each 3,500 sq. ft.

Motor vehicle-related

1 space for each 20,000 sq. ft.

1 space for each 10,000 sq. ft.

Office

1 for each 2,500 sq. ft.

1 space for each 40,000 sq. ft.

Parking

None

Parks and recreation

None

1 space for each 10,000 sq. ft. but

no less than 6 spaces

Production, distribution, & repair

1 space for each 20,000 sq. ft.

None

Residential apartment

1 space for each 3 dwelling units

1 space for each 20 dwelling units

Residential house

Residential flat

None

Residential, multiple dwelling unit

1 space for each 3 dwelling units

1 space for each 20 dwelling units

Subtitle C-59

Use

Long-Term Spaces

Short-Term Spaces

Residential, single dwelling unit

Residential, flat

None

Retail

1 for each 10,000 sq. ft.

1 space for each 3,500 sq. ft.

Service, general

1 for each 10,000 sq. ft.

1 space for each 3,500 sq. ft.

Service, financial

1 for each 10,000 sq. ft.

1 space for each 3,500 sq. ft.

Sexually-based business

establishment

1 for each 10,000 sq. ft.

1 space for each 10,000 sq. ft.

Transportation infrastructure

None

Waste-related services

1 space for each 20,000 sq. ft.

None

802.2 After the first fifty (50) bicycle parking spaces are provided for a use, additional

spaces are required at one-half (0.5) the ratio specified in Subtitle C § 802.1

802.3 Notwithstanding Subtitle C §§ 802.1 and 802.2, no property shall be required to

provide more than one hundred (100) short-term bicycle parking spaces. All

properties with a long-term bicycle parking requirement shall provide at least two

(2) long-term spaces, and all properties with a short-term requirement shall

provide at least two (2) short-term spaces. The bicycle parking standards of this

chapter shall be met when a new building is constructed.

802.4 When a property changes use categories or adds a use category, the property shall

add any bicycle parking spaces necessary to meet the requirements for the new

use. However, historic resources shall not be required to provide additional

bicycle parking spaces for a change in use when the gross floor area of the

building is not expanded.

802.5 An addition to an existing building, or the expansion of a use within a building,

triggers additional bicycle parking requirements only when the gross floor area of

the building or use is expanded or enlarged by twenty-five percent (25%) or more

beyond the gross floor area on the effective date of this title, or in the case of a

new building, the gross floor area used to calculate the initial parking

requirement. The additional minimum parking required shall be calculated based

upon the entire gross floor area added.

802.6 Additions to historic resources shall be required to provide additional bicycle

parking spaces only for the addition’s gross floor area and only when the addition

results in at least a fifty percent (50%) increase in gross floor area beyond the

gross floor area existing on the effective date of this title.

802.7 Special exception relief from additional bicycle parking requirements for historic

resources is provided for in Subtitle C § 807.

802.8 If a use operates solely outside of a building, any expansion of that use shall

conform to the applicable bicycle parking standards.

Subtitle C-60

802.9 Uses governed by a campus plan are subject to the bicycle parking requirements

approved by the Zoning Commission and are not subject to the bicycle parking

requirements otherwise applicable.

802.10 When there is more than one (1) use on a lot, the number of bicycle parking

spaces provided must equal the total required for all uses. If a single use falls into

more than one (1) use category for which different bicycle parking minimums

apply, the standard that requires the greater number of bicycle parking spaces

shall apply.

SOURCE: Final Rulemaking & Order No. 08-06D published at 63 DCR 10620 (August 19, 2016).

803 RULES OF CALCULATION

803.1 All bicycle parking standards shall be calculated on the basis of gross floor area,

except for residential uses, which base bicycle parking standards on the number of

dwelling units.

803.2 For purposes of calculating bicycle parking standards:

(a) Gross floor area does not include floor area devoted to off-street parking

or loading facilities, including aisles, ramps, and maneuvering space, or

space devoted exclusively to bicycle storage or support (lockers and

showers) facilities; and

(b) Gross floor area shall include penthouse habitable space, except that

recreation space for residents or tenants of the building or other ancillary

space associated with a rooftop deck shall not be included.

803.3 Calculations of bicycle parking spaces that result in a fractional number of one-

half (0.5) or more shall be rounded up to the next consecutive whole number. Any

fractional result of less than one-half (0.5) shall be rounded down to the previous

consecutive whole number.

804 SHORT-TERM BICYCLE PARKING SPACE REQUIREMENTS

804.1 Required short-term bicycle parking spaces shall be located either on the same lot

as the use they are intended to serve or on public space within twenty feet (20 ft.)

of the lot. A use providing short-term bicycle parking on adjacent public space

must obtain approval of a public space application under Title 24 DCMR.

804.2 Required short-term bicycle parking spaces shall be located within one-hundred

and twenty feet (120 ft.) of a primary entrance to the building they serve.

804.3 Areas devoted to short-term bicycle parking on private property shall be surfaced

and maintained with an all-weather surface conforming to the requirements of

Subtitle C § 713.1.

Subtitle C-61

804.4 Required short-term bicycle parking spaces shall be provided as bicycle racks that

meet the standards of Subtitle C § 801.3.

804.5 An aisle at least four feet (4 ft.) wide between rows of bicycle parking spaces and

the perimeter of the area devoted to bicycle parking shall be provided. Aisles shall

be kept clear of obstructions at all times. Where the bicycle parking is on or

adjacent to a sidewalk, the aisle may extend into the right-of-way.

804.6 Required short-term bicycle parking spaces shall be provided in a convenient,

well-lit location that can be viewed from the building the spaces are intended to

serve. Required short-term bicycle parking spaces shall be available for shoppers,

customers, commuters, messengers, and all other visitors to the site.

805 LONG-TERM BICYCLE PARKING SPACE REQUIREMENTS

805.1 All required long-term bicycle parking spaces shall be located within the building

of the use requiring them.

805.2 Required long-term bicycle parking spaces shall be located no lower than the first

cellar level or the first complete parking level below grade, and no higher than the

first above-grade level. Spaces shall be available to employees, residents, and

other building occupants.

805.3 Required long-term bicycle parking shall be provided as racks or lockers. Bicycle

racks for required long-term parking shall be provided in a parking garage or a

bicycle storage room.

805.4 Where required long-term bicycle parking is provided in a garage, it shall be

clearly marked and be separated from adjacent motor vehicle parking spaces by

wheel stops or other physical automobile barrier.

805.5 Where required long-term bicycle parking is provided in a bicycle room, the room

shall have either solid walls or floor-to-ceiling fencing. The room shall have

locked doors.

805.6 For any bicycle room with solid walls, the entirety of the interior of the bicycle

room shall be visible from the entry door. A motion-activated security light

enclosed in a tamper-proof housing shall be provided in each bicycle room.

805.7 Where required long-term bicycle parking is provided in lockers, the lockers shall

be securely anchored and meet the following minimum dimensions:

(a) Twenty-four inches (24 in.) in width at the door end;

(b) Eight inches (8 in.) in width at the opposite end;

Subtitle C-62

(d) Forty-eight inches (48 in.) in height.

805.8 Each required long-term bicycle parking space shall be directly accessible by

means of an aisle of a minimum width of four feet (4 ft.) and have a minimum

vertical clearance of seventy-five inches (75 in.). Aisles shall be kept clear of

obstructions at all times.

805.9 A minimum of fifty percent (50%) of the required long-term bicycle parking

spaces shall allow the bicycles to be placed horizontally on the floor or ground.

Vertical bicycle racks shall support the bicycle without the bicycle being

suspended.

805.10 Each required long-term bicycle parking space shall be a minimum width of

twenty-four inches (24 in.), and shall be:

(a) A minimum of seventy-two inches (72 in.) in length if the bicycles are to

be placed horizontally; or

(b) A minimum of forty inches (40 in.) in length if the bicycles are to be

placed vertically.

806 REQUIREMENTS FOR SHOWERS AND CHANGING

FACILITIES – NON-RESIDENTIAL USES

806.1 The intent of this section is to ensure that long-term bicycle parking spaces are

usable by the long-term occupants, especially employees, of non-residential uses.

806.2 The requirements of this section shall apply to:

(a) Newly constructed buildings; and

(b) Buildings that expand in gross floor area by more than twenty-five

percent (25%).

806.3 A non-residential use that requires long-term bicycle parking spaces and that

occupies more than twenty-five thousand square feet (25,000 sq. ft.) in gross floor

area shall provide a minimum of two (2) showers. An additional two (2) showers

shall be installed for every fifty thousand square feet (50,000 sq. ft.) of gross floor

area above the first twenty-five thousand square feet (25,000 sq. ft.), up to a

maximum requirement of six (6) showers.

806.4 A non-residential use that requires long-term bicycle parking spaces and that

occupies more than twenty-five thousand square feet (25,000 sq. ft.) in gross floor

area shall provide a minimum number of clothing lockers equal to six-tenths (0.6)

times the minimum number of required long-term bicycle parking spaces. Each

locker required by this subsection shall be a minimum of twelve inches (12 in.)

wide, eighteen inches (18 in.) deep, and thirty-six inches (36 in.) high.

Subtitle C-63

806.5 Showers and lockers required by this section shall be accessible to employees and

other long-term occupants of the use requiring them. Showers and lockers shall be

located within the same building as the use requiring them.

SOURCE: Final Rulemaking & Order No. 08-06D published at 63 DCR 10620 (August 19, 2016).

807 SPECIAL EXCEPTIONS FROM BICYCLE PARKING

REQUIREMENTS

807.1 This section provides flexibility from the requirements of this chapter when

providing the number of bicycle parking spaces or showers and changing facilities

required is impractical or contrary to other District regulations, or when it is

unnecessary due to a lack of demand for bicycle parking.

807.2 The Board of Zoning Adjustment may grant, as a special exception, a full or

partial reduction in the minimum number of long-term or short term bicycle

parking spaces required for a use or structure, subject to the general requirements

of Subtitle X, the limitations of Subtitle C § 807.3, and the applicant’s

demonstration of any of the following:

(a) Due to the physical constraints of the property, the required bicycle

parking spaces cannot be provided on the lot or, in the case of short-term

bicycle parking spaces, on abutting public space;

(b) The use or structure will generate demand for less bicycle parking than

the minimum bicycle parking standards require, as a result of:

(1) The nature of the use or structure;

(2) Land use or topographical characteristics of the neighborhood that

minimize the need for required bicycle parking spaces; or

(3) A transportation demand management plan approved by District

Department of Transportation, the implementation of which shall

be a condition of the Board of Zoning Adjustment’s approval, that

will result in demand for less short-term bicycle parking than the

minimum bicycle parking standards require; or

bicycle parking spaces; or providing the required bicycle parking would

result in significant architectural or structural difficulty in maintaining the

integrity and appearance of the historic resource.

807.3 A reduction in parking granted under Subtitle C § 807.2 shall only be for the

amount that the applicant demonstrates cannot be physically provided, and

proportionate to the reduction in bicycle parking demand demonstrated by the

applicant.

Subtitle C-64

807.4 The Board of Zoning Adjustment may grant, as a special exception, modifications

or waivers to the requirements for showers and changing facilities in Subtitle C

§§ 806.3, 806.4, and 806.5 if in addition to meeting the general requirements of

Subtitle X, the applicant demonstrates that:

(a) The intent of Subtitle C § 806 is met; and

(b) Either:

(1) The use will not generate the demand for the full number of

showers and changing facilities required; or

(2) The property owner has an arrangement to make use of showers

and changing facilities off-site, and that the showers and changing

facilities will be reasonably available to long-term occupants of the

use requiring the facilities.

Subtitle C-65

CHAPTER 9 LOADING

900 INTRODUCTION

900.1 Any building permit application for new construction or addition to an existing

building shall be accompanied by a detailed loading plan demonstrating full

compliance with this chapter.

900.2 The Zoning Administrator may, at his or her discretion, request that the District

Department of Transportation review and make a recommendation regarding any

item on the loading plan prior to approving the building permit application.

900.3 No certificate of occupancy shall be issued unless the loading facilities have been

constructed in accordance with the approved loading plans.

901 LOADING REQUIREMENTS

901.1 All buildings or structures shall be provided with loading berths and

service/delivery spaces as follows, except for structures erected on Kingman and

Heritage Islands for which the construction of service delivery loading spaces

shall be prohibited:

TABLE C § 901.1: LOADING BERTHS AND SERVICE/DELIVERY SPACES

Use

Minimum Number

of Loading Berths

Required

Minimum Number

of Service/Delivery

Spaces Required

Agriculture

None

Animal sales, care and boarding

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor

area

More than 100,000 sq. ft. gross floor area

Antennas

None

Arts, design and creation

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor

area

More than 100,000 sq. ft. gross floor area

Basic utilities

20,000 to 50,000 sq. ft. gross floor area

More than 50,000 to 200,000 sq. ft. gross floor

area

More than 200,000 sq. ft. gross floor area

Chancery

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Subtitle C-66

Use

Minimum Number

of Loading Berths

Required

Minimum Number

of Service/Delivery

Spaces Required

Community-based institutional facility

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Daytime care

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Education

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Emergency shelter

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Entertainment, assembly, and performing arts

50,000 to 100,000 sq. ft. gross floor area

None

More than 100,000 to 500,000 sq. ft. gross floor

area

None

More than 500,000 sq. ft. gross floor area

None

Firearm sales

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor

area

More than 100,000 sq. ft. gross floor area

Food and alcohol services

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor

area

More than 100,000 sq. ft. gross floor area

Government, large-scale

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Government, local

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Health care

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Institutional

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Lodging

10,000 to 50,000 sq. ft. gross floor area

None

More than 50,000 to 100,000 sq. ft. gross floor

area

None

More than 100,000 to 500,000 sq. ft. gross floor

area

None

More than 500,000 sq. ft. gross floor area

None

Marine

30,000 to 100,000 sq. ft. gross floor area

More than 100,000 sq. ft. gross floor area

Subtitle C-67

Use

Minimum Number

of Loading Berths

Required

Minimum Number

of Service/Delivery

Spaces Required

Motor vehicle-related

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor

area

More than 100,000 sq. ft. gross floor area

Office

20,000 to 50,000 sq. ft. gross floor area

More than 50,000 to 200,000 sq. ft. gross floor

area

More than 200,000 sq. ft. gross floor area

Parking

None

Parks and recreation

More than 30,000 sq. ft. gross floor area

None

Production, distribution, and repair

5,000 to 25,000 sq. ft. gross floor area

None

More than 25,000 sq. ft. gross floor area

None

For each 100,000 sq. ft. gross floor area more than

50,000 sq. ft.

None

Residential

More than 50 dwelling units

Retail

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor

area

More than 100,000 sq. ft. gross floor area

Service

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor

area

More than 100,000 sq. ft. gross floor area

Sexually-oriented business establishment

5,000 to 20,000 sq. ft. gross floor area

None

More than 20,000 to 100,000 sq. ft. gross floor

area

More than 100,000 sq. ft. gross floor area

Transportation infrastructure

None

Waste-related services

5,000 to 25,000 sq. ft. gross floor area

None

More than 25,000 sq. ft. gross floor area

None

For each 100,000 sq. ft. gross floor area more than

50,000 sq. ft.

None

901.2 The loading requirements shall be met when a new building or structure is

constructed.

901.3 No loading berths are required for buildings or structures with a gross floor area

less than the minimum specified in Subtitle C § 901.1.

901.4 Each loading berth shall be accompanied by one (1) adjacent loading platform.

Subtitle C-68

901.5 When a property changes or adds a use category, the following shall apply:

(a) Additional loading berths, loading platforms and service/delivery spaces

shall be required only when the minimum number of loading spaces

required for the new use category exceeds the number of spaces required

for the prior use category that occupied the same floor area;

(b) When determining the amount of additional required loading, it shall be

assumed that the previous use provided the minimum number of spaces

required; and

a change in use without expansion.

901.6 Unless the existing building has provided the maximum requirements under this

chapter, an addition to an existing building, or the expansion of a use within a

building triggers additional loading requirements only when the gross floor area

of the building or use is expanded or enlarged by twenty-five percent (25%) or

more beyond the gross floor area on the effective date of this title, or in the case

of a new building, the gross floor area used to calculate the initial loading

requirement. The additional minimum loading berths and service/delivery spaces

required shall be calculated based upon the entire gross floor area added.

901.7 An addition to a historic resource shall be required to provide additional loading

berths, loading platforms, and service/delivery spaces only for the addition’s gross

floor area and only when the addition results in at least a fifty percent (50%)

increase in gross floor area beyond the gross floor area existing on the effective

date of this title.

901.8 Where two (2) or more uses share a building or structure, the uses may share

loading as long as internal access is provided from all shared uses requiring

901.9 For a building or structure having three (3) or more required loading berths in one

(1) location, the loading berths may be stacked.

901.10 No other use shall be conducted from or upon the loading berth or

service/delivery space or any portion thereof.

901.11 Each service/delivery space shall be clearly marked “For Service and Delivery

Vehicles Only” and used exclusively for such vehicles.

902 RULES OF MEASUREMENT

902.1 When two (2) or more non-residential uses in the same use category share a

building or structure, all of the uses in the same use category shall be added

together to derive the total gross floor area, to determine the required number of

berths and spaces for that use category.

Subtitle C-69

902.2 When two (2) or more uses in different use categories share a building or

structure, the building or structure is only required to provide enough berths and

spaces to meet the requirement for the use category with the highest requirement,

and not the combination of requirements for all use categories provided that all

uses that require loading have access to the loading area.

902.3 At least one (1) loading berth shall be provided when the sum of the gross floor

area of the separate uses exceeds the minimum gross floor area requiring loading

berths for any one of the separate uses.

902.4 For purposes of calculating loading requirements for non-residential uses:

(a) Gross floor area does not include floor area devoted to off-street parking

or loading facilities, including aisles, ramps, and maneuvering space or

space devoted exclusively to bicycle storage or support (lockers and

showers) facilities; and

(b) Gross floor area shall include penthouse habitable space except that

recreation space for tenants of the building or other ancillary space

associated with a rooftop deck shall not be included.

903 LOCATION RESTRICTIONS

903.1 Except as provided in this section, all loading berths and service/delivery spaces

shall be located as follows:

(a) Within the building or structure the berths or spaces are designed to

serve;

(b) Within the rear yard of the building they are intended to serve; or

provided that on a lot that is within or adjacent to an R, RF, RA, or NC

zone, the loading berths and service/delivery loading spaces shall be at

least six feet (6 ft.) from any side lot line.

903.2 Loading facilities in PDR zones are not subject to the requirements of Subtitle C

§ 903.1. However, loading facilities:

(a) Located in a side yard on a lot that is within or adjacent to an R, RF, RA,

or NC zone shall be at least six feet (6 ft.) from any side lot line; and

(b) May be located within a required transitional setback only as a special

exception.

903.3 All loading platforms shall be located contiguous and with unobstructed access to

the loading berth and shall have unobstructed access to an entrance to the building

or structure.

Subtitle C-70

903.4 All uses that require loading berths shall be capable of accessing the loading

facilities.

903.5 All loading berths shall be designed so that no vehicle or any part thereof shall

project over any lot line, front setback line, or building restriction line.

903.6 Required loading berths may be provided in facilities designed to serve jointly

two (2) or more adjoining buildings or structures on lots that share a party wall or

lot line or are separated only by an alley within a single square; provided:

(a) The number of berths in the joint facilities shall not be less than that

required for the total combined requirement in Subtitle C § 901.1; and

(b) A binding covenant that is acceptable to the Zoning Administrator,

ensuring the joint use of the loading berths and entered into by all

property owners concerned, shall be recorded in the land records of the

District of Columbia for the affected properties. A certified true copy of

the recorded covenant shall be filed with the Zoning Administrator. Joint

use of the loading berths by all parties involved shall continue in effect so

long as the binding agreement remains in force. If the agreement becomes

legally ineffective or inoperable, the loading berths shall be provided as

otherwise required by Subtitle C § 901.1.

904 ACCESS REQUIREMENTS

904.1 All loading berths and service/delivery spaces shall be accessible at all times from

a driveway meeting the requirements of Subtitle C §§ 904.2 and 904.3.

904.2 A driveway or access aisle leading to a loading berth or service/delivery space

shall have a minimum width of twelve feet (12 ft.), a maximum width of twenty-

four (24) feet, and a maximum slope of twelve percent (12%).

904.3 No driveway providing access to a loading berth or service/delivery space shall be

located in such a way that a vehicle entering or exiting from the loading berth

blocks any street intersection.

904.4 A loading berth or service/delivery space shall be designed so that it is usable and

accessible by the vehicles that it is intended to serve.

904.5 All loading berth or service/delivery space shall be located to be accessed from a

public alley, where an open and improved alley of fifteen feet (15 ft.) width

exists.

905 SIZE AND LAYOUT REQUIREMENTS

905.1 The intent of this section is to ensure that loading facilities are adequately sized

and capable of performing their intended functions.

Subtitle C-71

905.2 All loading berths shall be a minimum of twelve feet (12 ft.) wide, have a

minimum depth of thirty feet (30 ft.) and have a minimum vertical clearance of

fourteen feet (14 ft.).

905.3 All service/delivery spaces shall be a minimum of ten feet (10 ft.) wide, have a

minimum depth of twenty feet (20 ft.), and have a minimum vertical clearance of

ten feet (10 ft.).

905.4 All loading berths shall be accompanied by one (1) adjacent loading platform that

meets the following requirements:

(a) A loading berth that is less than fifty-five feet (55 ft.) deep shall have a

platform that is at least one hundred square feet (100 sq. ft.) and at least

eight feet (8 ft.) wide;

(b) A loading berth that is fifty-five feet (55 ft.) deep or greater shall have a

platform that is at least two hundred square feet (200 sq. ft.) and at least

twelve feet (12 ft.) wide;

(10 ft.); and

(d) A loading platform floor shall consist of one (1) horizontal level.

905.5 No loading platform need be provided for loading berths if the required loading

berth is increased in depth for the full width thereof, such that the resulting

enlarged loading berth is equal in area to the combined area of a required loading

berth and a required loading platform.

905.6 The dimensions specified in this section for loading berths and service/delivery

spaces are exclusive of access aisles, maneuvering space, and loading platforms.

906 MAINTENANCE REQUIREMENTS

906.1 All loading berths and service/delivery spaces including access aisles, driveways,

and maneuvering areas shall be surfaced and maintained with an all-weather

surface.

906.2 A loading berth or service/delivery space, including access aisles, driveways, and

maneuvering areas, shall be maintained and used as a loading berth or

service/delivery space for as long as the use exists that the loading berth or

service/delivery space is designed to service.

907 TRASH ROOM AND RECEPTACLE REQUIREMENTS

907.1 Buildings requiring loading shall have a designated trash area either within the

building or within a loading berth or within an accessory building or structure

immediately adjacent to the loading area or within an enclosed receptacle in a

Subtitle C-72

designated trash area within the loading area. All new development over two

thousand square feet (2,000 sq. ft.) of gross floor area other than buildings with

only one (1) or two (2) dwelling units must clearly show the area for the

building’s trash receptacles on the building plans.

907.2 Except for single dwelling units and flats, trash receptacles external to a building

shall be screened and covered.

908 SCREENING AND LIGHTING REQUIREMENTS

908.1 All loading berths or service/delivery spaces that are not enclosed within a

building and are located in a zone other than a PDR zone or a PDR zone that

abuts an R, RF, or RA zone, shall have screening around the entire perimeter,

subject to the standards of Subtitle C §§ 908.3 and 908.4.

908.2 Screening is not required if the loading area is in a rear yard and separated from

all contiguous property by at least twenty-five feet (25 ft.).

908.3 The screening required by Subtitle C § 908.1 shall be a solid masonry wall at least

twelve inches (12 in.) thick and seventy-two inches (72 in.) high. The wall shall

harmonize with the main structure in architectural character, material, and color.

908.4 Gaps in the screening are allowed only to provide driveways and pedestrian exits

or entrances that open directly onto a street or alley. No individual gap may

exceed twenty feet (20 ft.) in width.

908.5 Any lighting used to illuminate a loading berth, loading platform, or

service/delivery space shall be arranged so that all direct light rays are confined to

the surface of the berth, platform, or space.

909 SPECIAL EXCEPTIONS FROM LOADING REQUIREMENTS

909.1 This section provides flexibility from the loading requirements when providing

the number of spaces required is impractical or contrary to other District

regulations.

909.2 The Board of Zoning Adjustment may grant, as a special exception, a full or

partial reduction of the number of loading berths or service/delivery spaces

required by Subtitle C § 901.1 if, in addition to meeting the general requirements

of Subtitle X, Chapter 9, the applicant demonstrates that:

(a) The only means by which a motor vehicle could access the lot is from a

public street, and provision of a curb cut or driveway on the street would

violate any regulation in this chapter, or in Chapters 6 or 11 of Title 24

DCMR; or

(b) The loading berths or service/delivery spaces are required for an addition

to a historic resource, and providing the required loading facilities would

Subtitle C-73

result in significant architectural or structural difficulty in maintaining the

integrity and appearance of the historic resource.

909.3 The Board of Zoning Adjustment may grant, as a special exception, a waiver of

the access requirements of Subtitle C §§ 904.2 and 904.3 if, in addition to meeting

the general requirements of Subtitle X, the applicant demonstrates:

(a) The lot has unusual topography, grades, shape, size, or dimensions; or

(b) Alternate access arrangements would improve site design, landscaping, or

traffic patterns or provide safer ingress or egress.

909.4 The Board of Zoning Adjustment may grant, as a special exception,

modifications, or waivers of the screening requirements of Subtitle C § 908 if, in

addition to meeting the general requirements of Subtitle X, the applicant

demonstrates that:

(a) Existing protective and screening walls on the lot or on adjacent property

are adequate to prevent adverse impacts on adjacent property; or

(b) Provision of protective screening walls would result in the removal of

healthy trees or other landscaping, or architectural features determined by

the Board of Zoning Adjustment to be worthy of protection or to provide

equal screening benefits.

909.5 When granting a special exception under this section, the Board of Zoning

Adjustment may impose conditions as to screening, lighting, coping, setbacks,

fences, location of entrances and exits, widening of abutting alleys, loading

management or transportation demand management practices, or any other

requirement it deems necessary to protect adjacent or nearby property and

promote the public health, safety, and welfare.

Subtitle C-74

CHAPTER 10 INCLUSIONARY ZONING

1000 INTRODUCTION

1000.1 The purposes of the Inclusionary Zoning (IZ) Program are:

(a) To further the Housing Element of the Comprehensive Plan by increasing

the amount and expanding the geographic distribution of adequate,

affordable housing available to current and future residents;

(b) To utilize the skills and abilities of private developers to produce quality

affordable housing;

zoning density increases, to produce affordable housing throughout the

District of Columbia;

(d) To mitigate the impact of market-rate residential development on the

availability and cost of housing available and affordable to low- and

moderate-income households;

(e) To increase the production of affordable housing units throughout the

District to meet existing and anticipated housing and employment needs;

(f) To provide for a full range of housing choices throughout the District for

households of all incomes, sizes, and age ranges to preserve diversity and

to ensure the benefits of economic integration for the residents of the

District;

(g) To stabilize the overall burden of housing costs on low- and moderate-

income households;

(h) To create a stock of housing that will be affordable to low- and moderate-

income residents over a long term; and

(i) To make homeownership opportunities available to low- and moderate-

income residents.

1000.2 It is the intent of the Zoning Commission to promulgate only such regulations as

are necessary to establish the minimum obligations of property owners applying

for building permits or certificates of occupancy under an IZ Program. All other

aspects of the program, including the setting of maximum purchase prices and

rents, the minimum sizes of the units, the selection and obligations of eligible

households, and the establishment of enforcement mechanisms such as covenants

and certifications shall be governed by the following laws and regulations related

to the IZ requirements:

Subtitle C-75

(a) The Inclusionary Zoning Implementation Amendment Act of 2006; and

(b) Chapter 22 of the Housing Regulations (Title 14 DCMR).

1001 APPLICABILITY

1001.1 Achievable inclusionary bonus density is the amount of the permitted bonus

density that potentially may be utilized within a particular inclusionary residential

development.

1001.2 Except as provided in Subtitle C § 1001.5, the requirements and modifications of

this chapter shall apply to developments meeting the following criteria:

(a) Are mapped in the R-2, R-3, R-10, R-13, R-17, R-20, RA-1 through RA-

4, RA-6, RA-7, RA-8, or RA-9 zone; any RF, ARTS, CG, RC, USN,

STE, or HE zone; the NC-1 through NC-5 or NC-7 through NC-13 zone;

the MU-1 through MU-10 or MU-12 through MU-26, MU-28, or MU-29

zone; or the D-2 or D-4 zone; and

(b) Is proposing new gross floor area that would result in ten (10) or more

dwelling units;

(2) dwelling units constructed concurrently or in phases, on contiguous

lots or lots divided by an alley if such lots were under common

ownership at the time of construction; or

(d) Consists of a residential building, other than a single dwelling unit or flat,

that has penthouse habitable space pursuant to Subtitle C § 1500.11.

1001.3 If more than one (1) building permit is issued for a development, the number of

dwelling units and new gross floor area used to establish the applicability of the

IZ requirements, and associated IZ modifications, shall be based on all the

applications occurring within a three (3) year period, starting from the first

building permit application.

1001.4 If the new gross floor area comprising ten (10) or more units would result in an

increase of fifty percent (50%) or more in the floor area of an existing building, IZ

requirements and modifications shall apply to both the existing and the increased

gross floor area.

1001.5 Except for new penthouse habitable space as described in Subtitle C § 1001.2(d),

IZ requirements of this chapter shall not apply to:

(a) Properties located in any of the following areas:

(1) The R-1-A and R-1-B zones;

Subtitle C-76

(2) The MU-13 zone in the Georgetown Historic District;

(3) The R-3 zone in the Anacostia Historic District;

(4) The MU-27 zone;

(5) The D-1-R, D-3, D-4-R, and D-5 zones;

(6) The SEFC zones of Subtitle K Chapter 2;

(7) The WR zones of Subtitle K Chapter 9

(8) The NC-6 zone; and

(9) Hotels, motels, or inns;

(b) Housing developed by or on behalf of a local college or university

exclusively for its students, faculty, or staff; and

diplomatic staff.

1001.6 IZ requirements of this chapter shall not apply to:

(a) Any development financed, subsidized, or funded in whole or in part by

the Federal or District Government and administered by the Department

of Housing and Community Development (DHCD), the District of

Columbia Housing Finance Agency (DCHFA), or the District of

Columbia Housing Authority (DCHA); provided:

(1) The development shall set aside, for low or moderate-income

households, affordable dwelling units (“Exempt Affordable

Units”) equal to at least the gross square footage that would have

been otherwise required pursuant to the set-aside requirements in

Subtitle C § 1003 for the zone in which the development is located.

The terms “low-income household” and “moderate-income

household” shall have the same meaning as given them by the

federal or District funding source, or financing or subsidizing

entity, and shall hereinafter be referred to collectively as “Targeted

Households”;

(2) The Exempt Affordable Units shall be reserved for the Targeted

Households and sold or rented in accordance with the pricing

structure established by the federal or District funding source, or

financing or subsidizing entity, for so long as the project exists;

Subtitle C-77

(3) The requirements set forth in subparagraphs (1) and (2), of this

paragraph, shall be stated as declarations within a covenant

approved by the District; and

(4) The approved covenant shall be recorded in the land records of the

District of Columbia prior to the date that the first application for a

certificate of occupancy is filed for the project; except that for

developments that include buildings with only one (1) dwelling

unit, the covenant shall be recorded before the first purchase

agreement or lease is executed; and

(b) Boarding houses, community based institutional facilities; or single room

occupancy projects within a single building.

1001.7 No exemption may be granted pursuant to Subtitle C § 1001.6(a) unless the

Zoning Administrator receives a written certification from the DHCD Director

that the development meets the requirements of Subtitle C §§ 1001.6(a)(1) and

(4).

1001.8 A development not otherwise subject to the requirements of this chapter may opt

in to the IZ program and, except as limited in Subtitle C § 1001.9, may utilize the

IZ zoning modifications provided for in Subtitle C § 1002.

1001.9 A development in the following zones not otherwise subject to the requirements

of this chapter may opt in to the IZ program but shall not utilize the IZ zoning

modifications provided for in Subtitle C § 1002:

(a) D-1-R; D-3, D-4, D-5, and D-8;

(b) MU-13 and MU-27;

(d) R-3;

(e) RA-6; and

(f) SEFC.

1001.10 The requirements of this chapter shall automatically terminate if title to the

mortgaged property is transferred following foreclosure by, or deed-in-lieu of

foreclosure to, a mortgagee in the first position, or a mortgage in the first position

is assigned to the Secretary of the U.S. Department of Housing and Urban

Development (HUD).

SOURCE: Final Rulemaking & Order No. 08-06D published at 63 DCR 10620 (August 19, 2016).

Subtitle C-78

1002 BONUSES AND ADJUSTMENTS TO INCENTIVIZE

INCLUSIONARY UNITS

1002.1 The types of density bonuses and/or dimensional adjustments in this section are

available to developments subject to the Inclusionary Zoning (IZ) provisions of

this chapter.

1002.2 Inclusionary residential developments in the zones identified in the following

table may use the minimum lot dimensions identified in the table in lieu of the

otherwise required lot dimension required by Subtitles D and E:

TABLE C § 1002.2: IZ DIMENSIONAL MODIFICATIONS FOR LOWER DENSITY ZONES

1002.3 Inclusionary developments subject to the provisions of this chapter, except those

located in the StE and HE zone districts, may construct up to twenty percent

(20%) more gross floor area than permitted as a matter of right ("bonus density"),

subject to all other zoning requirements (as may be modified by the zone district)

and the limitations established by the Height Act.

1002.4 Inclusionary residential developments in the zones below may use the following

modifications to height and lot occupancy in order to achieve the bonus density:

TABLE C § 1002.4: MODIFICATIONS TO HEIGHT AND LOT OCCUPANCY FOR

BONUS DENSITY

Base Zone

Matter-of-Right Zoning Constraints

IZ Zoning Modifications

Lot Occupancy

Zoning Height

Zoning FAR

Lot Occupancy

Height (feet)

RA-5, RA-11, D-1

75%

90 ft.

6.00

90%

MU-10, MU-22, MU-29,

ARTS-4

75%

90 ft.

6.00

80%

100

MU-4, MU-17, MU-24,

MU-25, MU-26 through

MU-29, MU-33, NC-2,

NC-3, NC-4, NC-7, NC-9,

NC-14, NC-16

ARTS-1, RC-2

60%

50 ft.

2.50

75%

MU-5, MU-18, ARTS-2,

RC-3, NC-5, NC-10,

NC-17

80%

65 ft.

3.50

80%

MU-6, MU-19, NC-11

80%

90 ft.

6.00

90%

MU-7, MU-28, ARTS-3,

NC-8, NC-12, NC-15

75%

65 ft.

4.00

80%

Base Zone

IZ Dimensional Modifications for Lower Density Zones

Minimum Lot

Area

Minimum Lot

Width

Minimum Lot Width with

Special Exception

R-2, R-10 Detached

3,200 sq. ft.

R-2, R-10 Semi-Detached

2,600 sq. ft.

R-3, R-13, R-17, R-20

1,600 sq. ft.

RF-1, RF-2, RF-3, RF-4, RF-5

1,500 sq. ft.

Subtitle C-79

Base Zone

Matter-of-Right Zoning Constraints

IZ Zoning Modifications

Lot Occupancy

Zoning Height

Zoning FAR

Lot Occupancy

Height (feet)

MU-12

80%

40 ft.

2.50

80%

MU-13

75%

60 ft.

4.00

75%

MU-13

75%

90 ft.

6.00

80%

100

MU-1, MU-15

80%

65 ft.

4.00

80%

MU-2, MU-16, MU-23,

D-2

80%

90 ft.

6.00

90%

CG-1

75%

90 ft.

6.0

90%

1002.5 An inclusionary residential development that has met its IZ set-aside requirements

and used all the bonus density permitted by IZ may be eligible for other bonus

density permitted by other chapters of this title, provided the development’s total

density does not exceed the FAR-maximum associated with the zone permitting

that additional bonus density.

SOURCE: Final Rulemaking & Order No. 08-06D published at 63 DCR 10620 (August 19, 2016).

1003 SET-ASIDE REQUIREMENTS

1003.1 An inclusionary residential development for which the primary method of

construction does not employ steel or steel and concrete frame structure and

which is located in a zone with a by-right height limit of fifty feet (50 ft.) or less

shall set aside the greater of ten percent (10%) of the gross floor area dedicated to

residential use including penthouse habitable space as described in Subtitle C

§ 1001.2(d), or seventy-five percent (75%) of its achievable bonus density to

inclusionary units plus an area equal to ten percent (10%) of the penthouse

habitable space as described in Subtitle C § 1001.2(d).

1003.2 An inclusionary residential development of steel or steel and concrete frame

construction shall set aside the greater of eight percent (8%) of the gross floor

area dedicated to residential use including penthouse habitable space as described

in Subtitle C § 1001.2(d), or fifty percent (50%) of its achievable bonus density to

inclusionary units plus an area equal to eight percent (8%) of the penthouse

habitable space as described in Subtitle C § 1001.2(d).

1003.3 Except as provided in Subtitle C §§ 1003.5 through 1003.7, inclusionary

residential developments in the R, RF, RA zones, or in the MU or NC zones

where the by-right height limit is fifty feet (50 ft.) or less, shall set aside fifty

percent (50%) of inclusionary units for eligible low-income households and fifty

percent (50%) of inclusionary units for eligible moderate-income households. The

first inclusionary unit and each additional odd number unit shall be set aside for

low-income households.

1003.4 Except as provided in Subtitle C § 1003.7, inclusionary residential developments

in the D zones, or in the MU or NC zones where matter-of-right height limits

Subtitle C-80

exceed fifty feet (50 ft.), shall set aside one hundred percent (100%) of

inclusionary units for eligible moderate-income households.

1003.5 An inclusionary development that results from a conversion of a single dwelling

unit or flat to a multiple dwelling unit development in an RF zone for four (4) or

more dwelling units approved by the Board of Zoning Adjustment shall set aside

every even numbered dwelling unit beginning at the fourth (4

) unit as an

inclusionary unit.

1003.6 An inclusionary development that results from a conversion of a single dwelling

unit or flat to a multiple dwelling unit development in an RF zone for four (4) or

more dwelling units approved by the Board of Zoning Adjustment shall set aside

one hundred percent (100%) of inclusionary units for eligible moderate-income

households.

1003.7 Notwithstanding Subtitle C §§ 1003.3 and 1003.4, one hundred percent (100%) of

inclusionary units resulting from the set-aside required for penthouse habitable

space shall be set aside for eligible low-income households.

SOURCE: Final Rulemaking & Order No. 14-13C published at 63 DCR 9110 (July 1, 2016).

1004 PURCHASE AND TENANCY REGULATIONS

1004.1 Except as provided for in Subtitle C § 1004.2 all inclusionary units created

pursuant to this chapter shall be leased or sold only to eligible households for so

long as the inclusionary residential development exists.

1004.2 An owner/occupant of an inclusionary unit may not sell the unit at a price greater

than that established by the Mayor pursuant to D.C. Official Code § 6-1041.03 of

the IZ Act unless the price is offered by the Mayor or a Housing Trust authorized

by the Mayor;

(a) No eligible household shall be offered an inclusionary unit for rental or

sale at an amount greater than that established by the Mayor pursuant to

D.C. Official Code § 6-1041.03 of the IZ Act;

(b) The Mayor or DCHA shall have the right to purchase the greater of one

(1) IZ unit or twenty-five percent (25%) of inclusionary units in a for-sale

inclusionary development, or any number agreed to by the owner of the

development, in accordance with procedures set forth in the IZ Act.

1004.3 Notwithstanding Subtitle C § 1004.2, nothing shall prohibit the Mayor or DCHA

from acquiring title to inclusionary units in a for-sale inclusionary development if

any of the following circumstances exist:

(a) There is a risk that title to the units will be transferred by foreclosure or

deed-in-lieu of foreclosure, or that the units’ mortgages will be assigned

Subtitle C-81

to the Secretary of the U.S. Department of Housing and Urban

Development (HUD); or

(b) Title to the units has been transferred by the foreclosure or deed-in-lieu of

foreclosure, or the units’ mortgages have been assigned to HUD.

1005 DEVELOPMENT STANDARDS REGARDING INCLUSIONARY

UNITS

1005.1 The proportion of studio and one-bedroom inclusionary units shall not exceed the

proportion of the comparable market rate units for each unit type.

1005.2 All inclusionary units shall be comparable in exterior design, materials, and

finishes to the market-rate units.

1005.3 The interior amenities of inclusionary units, such as finishes and appliances, shall

be comparable to the market-rate units but may consist of less expensive materials

and equipment, provided the interior amenities are durable, of good quality, and

consistent with contemporary standards for new housing.

1005.4 All inclusionary units in an inclusionary development shall be constructed prior to

or concurrently with the construction of market-rate units, except that in a phased

development, the inclusionary units shall be constructed at a pace that is

proportional to the construction of the market-rate units.

1005.5 Inclusionary units shall not be overly concentrated on any floor of a project.

1006 OFF-SITE COMPLIANCE WITH INCLUSIONARY ZONING

1006.1 The Board of Zoning Adjustment is authorized to permit some or all of the set-

aside requirements of Subtitle C § 1003 to be met by off-site construction upon

proof, based upon a specific economic analysis, that compliance on-site would

impose an economic hardship.

1006.2 Among the factors that may be considered by the Board of Zoning Adjustment in

determining the existence of economic hardship are:

(a) Exceptionally high fees in condominium developments that cannot be

reduced to levels affordable to eligible households;

(b) The inclusion of expensive and specialized social or health services in a

retirement housing development or a development that principally

provides housing for the disabled, if such services are not severable from

the provision of housing and render units in the development

unaffordable to eligible households; or

no longer economically feasible, when the owner wishes to change the

Subtitle C-82

property's use to a non-residential use or to one (1) meeting the

exemption requirements of Subtitle C § 1001.5.

1006.3 An applicant who has demonstrated the existence of economic hardship shall

further demonstrate that the off-site development:

(a) Is located within the same census tract as the inclusionary residential

development;

(b) Consists of new construction for which no certificate of occupancy has

been issued;

(d) Has complied with or will comply with all on-site requirements of this

chapter as are applicable to it;

(e) Has not received any development subsidies from Federal or District

Government programs established to provide affordable housing;

(f) Will provide inclusionary units with gross floor areas for each unit type

of not less than ninety-five percent (95%) of the gross floor area of the

off-site market-rate unit types, and of a number no fewer than the number

of units that would otherwise have been required on-site; and

(g) Will not have more than thirty percent (30%) of its gross floor area

occupied by inclusionary units.

1006.4 The requirement of Subtitle C § 1006.3(a) may be waived upon a showing that the

off-site development is owned by the applicant, is located in the District of

Columbia, and meets all the other requirements of Subtitle C § 1006.3.

1006.5 Inclusionary units permitted to be constructed pursuant to this section shall not be

counted toward any set-aside requirement separately applicable to the off-site

development or to any other inclusionary residential development.

1006.6 No order granting off-site compliance shall become effective until a covenant,

found legally sufficient by the Office of the Attorney General, has been recorded

in the land records of the District of Columbia between the owner of the off-site

development and the Mayor. A draft covenant, executed by the owner of the off-

site property, shall be attached to an application for relief under this section.

1006.7 The covenant shall bind the owner and all future owners of the off-site

development to:

(a) Construct and reserve the number of inclusionary units allowed to be

accounted for off-site, in accordance with the plans approved by the

Board of Zoning Adjustment and the conditions of the Board's order;

Subtitle C-83

(b) Sell or rent, as applicable, such units in accordance with the provisions of

this chapter and the IZ Act for so long as the off-site development

remains in existence;

District Government programs established to provide affordable housing;

(d) Acknowledge that the owners are legally responsible for the set-aside

requirement accepted as if the requirement had been imposed directly on

the off-site development; and

(e) Not request special exception or variance relief with respect to the

obligations accepted or its own obligations under this chapter.

1006.8 Upon the recordation of the covenant, the set-aside requirements permitted to be

accounted off-site shall be deemed to be the legal obligation of the current and

future owners of the off-site development. All dwelling units as are required to be

reserved in the off-site development in accordance with the Board of Zoning

Adjustment’s order shall be deemed inclusionary units for the purposes of this

chapter and the IZ Act.

1006.9 No application for a certificate of occupancy for a market-rate unit on the

inclusionary development shall be granted unless construction of the off-site

inclusionary units is progressing at a rate roughly proportional to the construction

of the on-site market-rate units.

1006.10 Inclusionary units resulting from the set-aside required for penthouse habitable

space as described in Subtitle C § 1001.2(d) shall be provided within the building,

except that the affordable housing requirement may be achieved by providing a

contribution to a housing trust fund, consistent with the provisions of Subtitle C

§§ 1505.13 through 1505.16, except that the calculation of § 1505.15 shall be

based on the maximum permitted residential FAR, when:

(a) The new penthouse habitable space is being provided as an addition to an

existing building which is not otherwise undergoing renovations or

additions that would result in a new or expanded Inclusionary Zoning

requirement within the building;

(b) The penthouse habitable space is being provided on an existing or new

building not otherwise subject to Inclusionary Zoning requirements; or

low income households and the amount of penthouse habitable space

would result in a gross floor area set-aside less than the gross floor area

of the smallest dwelling unit within the building.

SOURCE: Final Rulemaking & Order No. 14-13A published at 63 DCR 8118 (June 3, 2016).

Subtitle C-84

1007 RELIEF FROM INCLUSIONARY ZONING REQUIREMENTS

1007.1 The Board of Zoning Adjustment is authorized to grant partial or complete relief

from the requirements of Subtitle C § 1003 upon a showing that compliance,

whether on-site, off-site, or a combination thereof, would deny the applicant

economically viable use of its land.

1007.2 An application for a variance from the requirements of Subtitle C § 1003 shall not

be granted unless the Board of Zoning Adjustment has determined that the

applicant cannot comply with the provisions of Subtitle C § 1006 based on

evidenced provided by the applicant, and has voted to deny an application for

relief pursuant to this section or Subtitle C § 1006.

1008 APPLICABILITY DATE

1008.1 With the exception of penthouse habitable space approved by the Zoning

Commission pursuant to Subtitle C § 1504.3, the provisions of this chapter shall

not apply to any building approved by the Zoning Commission pursuant to a

planned unit development if the approved application was set down for hearing

prior to March 14, 2008.

Subtitle C-85

CHAPTER 11 WATERFRONT

1100 INTRODUCTION

1100.1 This chapter identifies waterfront regulations proximate to the Potomac River,

Anacostia River, or Washington Channel.

1100.2 Waterfront regulations are intended to provide for:

(a) Physical and visual public accessibility to and along the waterfront;

(b) Protection of natural resources along the waterfront;

(d) Use restrictions in the one hundred (100)-year flood plain.

1101 APPLICABILITY

1101.1 The waterfront shall be that area proximate to either the Potomac or Anacostia

rivers.

1101.2 The provisions of this chapter shall apply to all properties with frontage on the

Anacostia or Potomac Rivers.

1102 GENERAL WATERFRONT REGULATIONS

1102.1 A waterfront setback to any building or structure shall be provided in accordance

with the following provisions:

(a) The waterfront setback shall be a minimum of seventy-five feet (75 ft.) in

depth, except as noted in individual zones;

(b) The waterfront setback shall be measured inland from the bulkhead or the

mean high water level, whichever results in the larger waterfront setback;

access to loading areas shall not be located within the required waterfront

setback area;

(d) The waterfront setback shall apply to all buildings, structures, parking

spaces, loading areas, and passenger drop-off areas, other than:

(1) Water-taxi ticketing/information booth;

Subtitle C-86

(2) Structures directly associated with a publicly accessible wharf,

dock, or pier; or

(3) Public nature education center located on Kingman Island;

(e) Twenty-five feet (25 ft.) of the required waterfront setback area, for the

full width of the lot along the water, shall be reserved for a public

pedestrian and bicycle trail along the waterfront. The property owner

shall align the trail reservation area with the reservation on adjacent

properties;

(f) The Board of Zoning Adjustment may approve as a special exception a

waterfront setback of less than amount required in Subtitle C § 1101.1(a),

pursuant to the general special exception criteria of Subtitle X and the

criteria of Subtitle C § 1102.1(g); and

(g) The following criteria shall be considered by the Board of Zoning

Adjustment when evaluating an application for a waterfront setback less

than otherwise required and when evaluating a special exception use in

the MU-11 zone:

(1) The buildings, structures, and uses will enhance the visual and

public recreational opportunities offered along the waterfront;

(2) Buildings, structures, and uses on land will be located and

designed to minimize adverse impacts on the river and riverbank

areas;

(3) Buildings, structures, and uses on, under, or over water will be

located and designed to minimize adverse impacts on the river and

riverbank areas;

(4) All structures and buildings will be located so as to not likely

become objectionable to surrounding and nearby property because

of noise, traffic, or parking, and so as not to limit public access

along or to the waterfront, other than directly in front of the

principal building or structure of a boathouse, marina, yacht club,

or other water-dependent use;

(5) Impervious surfaces will be minimized, and buildings and all other

impervious surfaces will be designed and sited to prevent surface

storm water run-off directly into the river;

(6) Accessory or non-accessory parking spaces, including the location

of entrances and exits and any screening or fences, will be

designed to minimize visual or physical impacts on adjacent

parkland and the waterfront; and

Subtitle C-87

(7) Emergency access will be provided to any buildings, structures, or

other space devoted to active public use.

1102.2 Where the L’Enfant street grid exists in the vicinity of a waterfront lot, no

buildings or structures may be built within the area defined by the street right-of-

way lines extended to the water.

1102.3 Where no L’Enfant street grid exists in the vicinity of a waterfront lot, no

buildings or structures may be built to a length, as measured parallel to the water,

of greater than three-hundred feet (300 ft.).

1102.4 The following uses are prohibited within a one hundred (100)-year floodplain:

(a) Residential uses with only one (1) or two (2) dwelling units;

(b) Animal sales, care, and boarding;

(d) Daytime care;

(e) Education;

(f) Emergency shelter;

(g) Hospital; and

(h) Lodging.

1102.5 Parking space requirements for the waterfront areas are as follows:

(a) Parking spaces, passenger drop-off areas, access to parking spaces, and

access to loading areas, whether required by zoning or not, shall not be

located within the waterfront setback area required in Subtitle C § 1102.1

(a); and

(b) Where parking is required, parking spaces for boathouses, marinas, yacht

clubs, or other recreational uses to be located elsewhere than on the same

lot or part of the lot on which the principal use is located and not located

in accordance with Subtitle C § 701.8(b), may be permitted as a special

exception, in accordance with the provisions of Subtitle X, Chapter 9 and

the applicant demonstrating that one (1) or more of the following criteria

are applicable:

(1) The parking spaces will be located to furnish reasonable and

convenient parking for patrons of the principal building;

Subtitle C-88

(2) The parking spaces and any support facilities would result in

significant adverse impacts on adjacent park land, or the waterfront

because of noise, traffic, or other objectionable conditions;

(3) The parking spaces will be adequately screened from adjacent park

space and from the waterfront, and shall be designed to prevent

storm water run-off directly into the river;

(4) The lack of street frontage or the separation of the use from any

publicly accessible street by public park space;

(5) Unusual topography, grades, shape, size, or dimensions of the lot;

(6) The lack of appropriate ingress or egress through existing or

proposed streets;

(7) Strip zoning or shallow zoning depth;

(8) Restricted size of lot caused by adverse adjoining ownership or

substantial improvements adjoining or on the lot;

(9) Traffic hazards caused by unusual street grades or other

conditions;

(10) The type or location of the associated principal use results in

diminished need for parking from what would otherwise be

required by zoning regulations;

(11) Reasonable and conveniently located alternatives to the required

parking exist and are available to users with minimal impact on

adjacent land or development; and

(12) All other requirements of Subtitle C, Chapter 7 will be met.

1102.6 The following structures and projections may encroach into any required

waterfront setback:

(a) A structure, including a building, less than four feet (4 ft.) in height above

the grade at any point. Any railing required by the Title 12 DCMR D.C.

Construction Code, shall be calculated in the measurement of the

structure’s height;

(b) A fence or retaining wall constructed in accordance with the Title 12

DCMR D.C. Construction Code;

grade, or to a story below grade. The stairs shall include any railing

Subtitle C-89

required by the provisions of the Title 12 DCMR D.C. Construction

Code;

(d) An antenna that complies with all other requirements of this title; and

(e) The following elements or structures as defined below:

TABLE C § 1102.6(e):

PROJECTING ELEMENT OR STRUCTURE

MAXIMUM PROJECTIONS

Cornices and eaves.

2 ft.

Sills, leaders, belt courses, and similar ornamental

or structural features.

6 in.

Awnings serving a window, porch, or door.

40 in.

A chimney, smokestack, or flue.

5 sq. ft.

A self-contained room air conditioner.

2 ft.

Building components or appurtenances dedicated to

the environmental sustainability of the building.

4 ft.

Subtitle C-90

CHAPTER 12 COMBINED LOT PROVISIONS

1200 GENERAL PROCEDURES

1200.1 This chapter contains the general procedural regulations for the administration of

combined lot agreements for those zones where a combined lot process is

permitted.

1200.2 The allowable residential and nonresidential bulk, or of bonus floor area if

applicable, of eligible properties may be apportioned between two (2) or more lots

in the same square or other boundaries if otherwise established in a zone,

regardless of the limits on floor area; provided, that the aggregate residential and

nonresidential floor area may not exceed the limits for the applicable zone.

1200.3 The maximum permitted floor area for all uses and the maximum floor area for

nonresidential uses shall be calculated as if the lots were one (1) lot, and the total

project shall conform with both limitations.

1200.4 A covenant running with the land and applicable to all properties involved in the

apportionment shall be executed by all of the owners of the properties prior to the

issuance of any building permits. The covenant shall be for the purpose of

insuring that the aggregate residential and nonresidential floor area does not

exceed the limits applicable to residential and nonresidential uses, or of bonus

floor area if applicable.

1200.5 No transfer of floor area for preferred uses, or of bonus floor area if applicable,

shall be effective under this section unless an instrument, legally sufficient in both

form and content to effect such a transfer, in a form approved by the Office of the

Attorney General, has been entered into among all of the parties concerned,

including the District of Columbia where appropriate.

1200.6 A certified copy of the instrument of transfer shall be filed with the Zoning

Administrator before approval by the Department of Consumer and Regulatory

Affairs of any building permit application affected by such transfer.

1200.7 The document shall be recorded in the Office of the Recorder of Deeds, serving as

a notice both to the receiving lot and sending lot of the transfer of floor area for

preferred uses or of bonus floor areas.

1200.8 The notice of restrictions and transfer shall run with the title and deed to each

affected lot.

Subtitle C-91

CHAPTER 13 ANTENNAS

1300 PURPOSE

1300.1 The purposes of the regulation of antennas, antenna towers, and monopoles as a

particular type of structure shall be as follows:

(a) The Zoning Commission has determined that certain antennas, antenna

towers, and monopoles, because of their size, shape, design, construction,

or location, may affect the welfare or safety of the population and may

detract from the streetscape, landscape, skyline, scenic beauty, or

aesthetic interests of the District of Columbia, and its role as the Nation's

Capital;

(b) The Zoning Regulations therefore regulate the size, height, construction,

design, and location of antennas, antenna towers, and monopoles which

have the greatest potential for adverse impact on the health, safety, and

welfare of the population, and on neighborhood quality, and those which

have the greatest potential for adverse impact on the scenic beauty of the

Nation's Capital and the national monuments; and

regulated are those that, because of their shape, size, or quantity,

potentially have the greatest visual impact, and include, by example,

large satellite earth station antennas, and certain microwave terrestrial

antennas, monopoles, and antenna towers.

1300.2 Consistent with these purposes, the construction of new towers or monopoles

shall only be permitted subject to certain placement and construction standards.

1301 CERTIFICATION OF FCC COMPLIANCE FOR

TRANSMITTING ANTENNAS

1301.1 No application for a building permit for a transmitting antenna may be considered

completed unless it is accompanied by a certification evidencing that the proposed

transmitting antenna will comply with the radio frequency (RF) radiation

guidelines adopted by the Federal Communications Commission (FCC) and the

health and safety regulations adopted by the Occupational Safety and Health

Administration.

1301.2 The certification shall be signed by a licensed engineer qualified in RF

engineering and shall include the following required information:

(a) The maximum RF radiation to be generated by the proposed antenna or

antennas;

Subtitle C-92

(b) The means used to determine the RF levels;

telephone number of the applicant, certifying engineer, and property

owner; and

(d) A site plan, and roof plan if applicable, drawn to scale showing the

location of the proposed antennas and all existing antennas on the site,

roof, tower, or monopole.

1302 MATTER OF RIGHT ANTENNAS

1302.1 All antennas that comply with the applicable provisions of this chapter are

permitted as a matter of right in all zones, except broadcast antennas, which shall

not be permitted in residence zones.

1302.2 No signs of any kind, including advertisements, may be placed on any antenna,

unless necessary for the safety of the public.

1303 GROUND MOUNTED ANTENNAS

1303.1 All ground mounted antennas, except those regulated by Subtitle C § 1306 or

exempted by Subtitle C § 1307, shall comply with the following conditions:

(a) In any R, RA, MU-1, MU-2, MU-10 through MU-14, MU-16, MU-17,

MU-23, MU-24, and MU-36 zone, only one (1) antenna may be located

per lot and may not exceed a mounted height of twelve feet (12 ft.) at its

highest point above the ground on which it is located;

(b) In any R, RA, NC, D, PDR, MU-3 through MU-9, MU-18 through MU-

22, MU-25 through MU-35 zones, and any zone of Subtitle K, an antenna

may not exceed a mounted height of twenty feet (20 ft.) at its highest

point above the ground on which it is located;

principal building on the lot, except that in the case of a corner lot no

antenna may be located in the yard between the principal building

structure and a street;

(d) Each part of the antenna shall be set back from all lot lines by a minimum

distance of ten feet (10 ft.);

(e) Each antenna installation shall be located or screened such that its

visibility is minimized to the greatest practical extent from any:

(1) Public park that is within the Central Washington area as identified

in the Comprehensive Plan;

Subtitle C-93

(2) Street that the lot abuts;

(3) Public spaces;

(4) Navigable waterways;

(5) Historic landmarks; or

(6) National monuments;

(f) The antenna, to the greatest practical extent, shall be constructed of

materials and colors that blend with the surroundings; and

(g) The antenna installation shall be as small as is practical for its intended

use.

1303.2 The term "ground" as used in Subtitle C §§ 1303.1(a) and (b) does not include

artificially elevated terrain such as berms or planter boxes but may include graded

lawns, terraced landscapes that are formed from the natural grade, and at-grade

patios.

1303.3 A proposed ground mounted antenna that does not comply with the above

requirements or numeric limit may be permitted through the special exception

process set forth in Subtitle C § 1312.

1304 ROOF-MOUNTED ANTENNAS

1304.1 All roof-mounted antennas, except those regulated by Subtitle C § 1306 or

exempted by Subtitle C § 1307, shall comply with the following conditions:

(a) Each part of an antenna shall be set back from each edge, excluding party

walls, of the roof a minimum distance equal to its total mounted height

above the roof;

(b) An antenna may not exceed a total mounted height of twelve feet (12 ft.)

above the roof;

visibility from public spaces, navigable waterways, historic landmarks,

and national monuments is minimized to the greatest practical extent;

(d) An antenna shall be constructed of materials and colors that blend with

the surroundings to the greatest practical extent;

(e) Antennas mounted on roofs with outdoor recreation space shall be

secured from unauthorized access for a minimum distance of ten feet (10

ft.), by a fence or screen at least five feet (5 ft.) in height; and

Subtitle C-94

(f) Any related equipment cabinet or shelter that is not internal to the

building or penthouse shall be:

(1) Constructed of materials and colors that blend with the building or

penthouses; and

(2) Located to reduce its visibility from public space to the greatest

practical extent.

1304.2 A proposed roof-mounted antenna that does not comply with the above

requirements may be permitted through the special exception process set forth in

Subtitle C § 1312.

1305 BUILDING-MOUNTED ANTENNAS

1305.1 All building mounted antennas, except those regulated by Subtitle C § 1306 or

exempted by Subtitle C § 1307, shall comply with the following conditions:

(a) The top of the antenna shall not extend above the top of the wall, or roof

of the building or structure to which it is mounted;

(b) Each antenna installation shall be located or screened such that its

visibility from public spaces, navigable waterways, historic landmarks,

and national monuments is minimized to the greatest practical extent;

the surroundings to the greatest practical extent or shall be screened

and/or painted to blend with the surface to which the antenna is attached;

(d) A building-mounted antenna placed on a roof structure with a rooftop

outdoor recreation space shall be secured from unauthorized access for a

minimum vertical distance of ten feet (10 ft.); and

(e) Any related equipment cabinet or shelter that is not internal to the

building or penthouse shall be:

(1) Constructed of materials and colors that blend with the building or

penthouses; and

(2) Located to reduce its visibility from public space to the greatest

practical extent.

1305.2 A proposed building-mounted antenna that does not comply with the above

requirements may be permitted through the special exception process set forth in

Subtitle C § 1312.

Subtitle C-95

1306 ANTENNAS LOCATED IN STEALTH STRUCTURES

1306.1 Antennas located in stealth structures may be permitted provided the following

conditions are met:

(a) The proposed stealth design provides adequate screening of the antennas;

(b) The proposed structure is not out of scale with the subject property taking

into account the size, setbacks, topography, and underlying use of the

property;

one (1) dwelling unit;

(d) The ground equipment of the proposed antenna be landscaped, fenced, or

otherwise screened;

(e) The diameter of a stealth flag pole shall not exceed thirty inches (30 in.)

at its base; and

(f) The height of a ground-mounted stealth structure shall be permitted, as a

matter-of-right, to a height of eighty feet (80 ft.) in all residential zones

and one hundred twenty feet (120 ft.) in all other zones.

1306.2 Any proposed antenna to be located in a stealth structure that does not comply

with the above requirements may be permitted through the special exception

process set forth in Subtitle C § 1312.

1307 EXEMPTED ANTENNAS

1307.1 The requirements of Subtitle C §§ 1303 through 1306 shall not apply to any

antenna that is:

(a) Entirely enclosed within a building, but is not the primary use within the

building;

(b) Entirely enclosed on all sides by a penthouse, or an extension of

penthouse walls; this subsection shall not be interpreted to permit

penthouses in excess of the height limitations for roof structures;

(d) No taller than eighteen inches (18 in.) in height and necessary for the

implementation of expanded 911 or emergency communications; or

(e) One meter (39.37 inches) or less in diameter designed to receive:

Subtitle C-96

(1) Direct broadcast satellite service, including direct-to-home fixed

wireless signals via satellite;

(2) Video programming services via broadband service; or

(3) To transmit fixed wireless signals other than via satellite or local

television broadcast signals.

1307.2 For the purposes of Subtitle C § 1307.1, penthouse and parapet walls may include

an opaque membrane covering a port in front of the antenna that screens the

antenna, blends with the wall and allows the antenna to operate.

1307.3 The requirements of Subtitle C §§ 1303 through 1306 do not apply to the

following classes of antennas. The maximum number of antennas within a class

that may be placed on a building or located on a lot is as follows:

TABLE C § 1307.3: MAXIMUM NUMBER OF ANTENNAS BY CLASS

Class of Antenna

Maximum Number

Residential type uhf/vhf television and frequency modulation (fm) radio receiving Yagi

antenna located on the roof of a principal building, not to exceed 8 ft. horizontally.

Whip antennas not exceeding 2½ in. in diameter, with a mounted dimension. (Except that

no longer than 12 ft. in any direction, and there located on a principal building, shall be no

numeric limit on the number of whip antennas that are dedicated to the provision of

emergency services to the District of Columbia.)

Residential type super high frequency antenna located on the roof of a principal building,

not to exceed 3 ft. in any dimension, excluding the support element.

Dish antenna located on the roof of a principal building with a diameter of no more than 4

ft., not taller than 8 ft. as measured from the roof surface on which it is mounted, and set

back from the edge of the roof a distance at least equal to its height above the roof. The

principal building shall have a height of no less than 25 ft.

Whip antenna mounted on a vehicle on private property.

1307.4 A proposed antenna which does not comply with the above requirements or

numeric limitation set forth in Subtitle C § 1307.3 may be permitted subject to the

requirements of Subtitle C §§ 1303 through 1306.

1308 ANTENNA MOUNTED ON ANTENNA TOWERS AND

MONOPOLES

1308.1 Antennas may be mounted as a matter of right on an antenna tower or monopole

that:

(a) Is located in a PDR zone;

(b) Was approved by, and constructed in accordance, with an order of the

Board of Zoning Adjustment; or

Subtitle C-97

December 21, 2007.

1308.2 An antenna shall not be mounted on an antenna tower or monopole if, as a result

of its installation:

(a) The size of the antenna tower or monopole is increased; or

(b) The appearance of the antenna tower or monopole is changed in a manner

that adversely impacts the surrounding area.

1308.3 A transmitting antenna shall not be placed lower than fifty feet (50 ft.) above the

base of the antenna tower or monopole.

1308.4 An antenna proposed to be mounted on an antenna tower or monopole that does

not comply with the above requirements may be permitted through the special

exception process set forth in Subtitle C § 1312.

1309 ANTENNA TOWERS AND MONOPOLE IN THE PDR-4 AND

PDR-7 ZONES (BY-RIGHT)

1309.1 An antenna tower or monopole, either alone or in conjunction with a studio or in

conjunction with the erection, alteration, or use of buildings for transmission or

reception equipment, shall be permitted in the PDR-4 and PDR-7 zones as a

matter of right; provided, the antenna tower or monopole complies with the

conditions set forth in this section.

1309.2 An antenna tower or monopole shall be set back a minimum horizontal distance

equal to its total height as measured from the ground, from any residentially

developed or zoned property.

1309.3 Except as provided in Subtitle C § 1309.2, each part of an antenna tower or

monopole shall be set back from each lot line a minimum distance equal to the

greater of twenty feet (20 ft.); or a distance of at least one-third (1/3) of the total

mounted height.

1309.4 The height of an antenna tower or monopole shall not exceed the maximum

height permitted for structures plus thirty feet (30 ft.) as a matter of right. Any

antenna tower or monopole in excess of this height may be permitted if approved

by the Board of Zoning Adjustment subject to the conditions of Subtitle C § 1312,

subject to Subtitle C § 1309.5.

1309.5 Any antenna tower or monopole with a height in excess of that permitted by the

act of June 1, 1910 (36 Stat. 452), as amended, shall not be permitted, unless the

height is approved by the Mayor or his or her designee.

1309.6 A written statement shall be provided agreeing to design the proposed antenna

tower or monopole for at least three (3) antenna arrays and to make the array

Subtitle C-98

space available on a commercial basis for collocation by any telecommunications

service provider whenever unused by the initial telecommunications service

provider(s) or the owner.

1309.7 No signs of any kind, including advertisements, may be placed on an antenna

tower or monopole, its equipment cabinet or its equipment shelter, unless

necessary for the safety of the public.

1310 ANTENNA TOWERS AND MONOPOLES AS PART OF A

CAMPUS PLAN

1310.1 An antenna tower or monopole may be permitted, subject to and as a part of an

approved campus plan subject to the special exception standards of Subtitle C

§§ 1312.1 and 1312.2.

1310.2 No advertising, special art, or campus identification may be placed on an antenna

tower or monopole, its equipment cabinet, or its equipment shelter.

1311 OFFICE OF PLANNING REPORT

1311.1 The Zoning Administrator shall not take final action on an application to permit

an antenna tower, a monopole, or an antenna not exempted by Subtitle C § 1307

or for the modification of an existing antenna not exempted by Subtitle C

§ 1311.4 until a report is received from the Office of Planning or thirty (30) days

have passed since the application was submitted to the Office of Planning,

whichever occurs first.

1311.2 The Office of Planning and the Zoning Administrator may agree to lengthen the

time period indicated in Subtitle C § 1311.1, but in no event shall the review

period exceed sixty (60) days.

1311.3 The report of the Office of Planning shall provide a copy of the plans, as well as

specific criteria and information sufficient to enable the Zoning Administrator to

determine whether the antenna complies with the applicable requirements of this

chapter.

1311.4 A report from the Office of Planning is not required for:

(a) The modification of a previously permitted collocation including:

(1) Roof or building-mounted antennas that involve a one-to one (1:1)

replacement of the antennas or an increase of one (1) antenna to a

mount for no more than five (5) antennas per mount or sector, with

no change to previously permitted locations or increase in the

height of the antennas; or

Subtitle C-99

(2) Stealth mounted antennas including flagpoles and within church

steeples that do not change the existing appearance or height of the

structure;

(b) Collocation on an existing permitted antenna tower provided the

installation would not increase the existing height of the tower by more

than ten percent (10%) or by the height of one (1) additional antenna

array with separation from the nearest existing antenna not to exceed

twenty feet (20 ft.), whichever is greater; or

shelters and other support structures consistent with the roof structure

regulations

1312 ANTENNAS SUBJECT TO BOARD OF ZONING

ADJUSTMENT APPROVAL – GENERAL

1312.1 An application for special exception approval shall include the following written

and graphic documentation:

(a) A map of area to be served by the new antenna;

(b) A map and explanation of the area being inadequately served that

necessitates installation of the proposed antenna;

sites providing service by the applicant, and any antenna tower or

monopole of any provider, within a two (2) mile radius, including public

space, of the proposed antenna site, with identified heights above grade;

(d) A site, and roof plan if applicable, showing all structures and antennas on

site;

(e) Elevation drawings of the structure and proposed antennas from all four

(4) directions;

(f) A picture of the proposed antenna;

(g) The total mounted height of the antenna relative to the tops of

surrounding trees as they presently exist within one-quarter mile (.25 mi.)

of the proposed location; and

(h) Other information as may be necessary for impact assessment of the

antenna.

1312.2 In addition to any other conditions deemed necessary to mitigate potential adverse

impacts, the Board of Zoning Adjustment may impose conditions pertaining to

screening, buffering, lighting, or other matter necessary to protect adjacent and

Subtitle C-100

nearby property and may require the removal of any on-site non-conforming,

inoperable, or unauthorized antenna.

1313 ANTENNA TOWERS AND MONOPOLES SUBJECT TO

BOARD OF ZONING ADJUSTMENT APPROVAL

1313.1 A monopole shall be permitted if approved by the Board of Zoning Adjustment in

accordance with Subtitle X of this title, subject to the provisions of this section, in

the zones specified in Subtitle C § 1313.2.

1313.2 A monopole may be permitted as a special exception use in the R, RF, RA, MU,

D and PDR (except PDR-4 and PDR-7, where antenna towers are permitted as a

matter-of-right) zones, and the zones of Subtitle K, where monopoles are

permitted as a matter-of-right subject to Subtitle C § 1309.

1313.3 An antenna tower, either alone or in conjunction with a studio, or the erection,

alteration, or use of buildings for transmission or reception equipment on the

same lot, shall be permitted if approved by the Board of Zoning Adjustment in

accordance with Subtitle X of this title and subject to the provisions of this

section, in the zone specified in Subtitle C § 1313.4.

1313.4 An antenna tower may be permitted as a special exception in the zones of:

(a) MU, except MU-3;

(b) D;

(d) PDR, except PDR-4 and PDR-7, where antenna towers are permitted as a

matter-of-right.

1313.5 The location, height, and other characteristics of an antenna tower or monopole

shall be:

(a) Consistent with the purpose of this chapter;

(b) Designed and available for collocation by other service providers;

extent, from neighboring property and adjacent public space, or

appropriately screened by landscaping or other techniques to minimize

the visibility of the antenna tower or monopole; and

(d) Designed and constructed to preserve existing trees to the greatest

practical extent.

Subtitle C-101

1313.6 If an applicant is unable to meet the special exception requirements of section, the

Board of Zoning Adjustment may nevertheless grant the application if the

applicant demonstrates that:

(a) There is a significant gap in wireless service;

(b) The proposed antenna tower or monopole will fill this gap;

(d) The site is the only location from which the gap can be filled or, if other

sites are available, the antenna tower or monopole at the proposed

location will generate the least adverse impacts;

(e) That the height and other physical design characteristics of the proposed

antenna tower or monopole do not exceed those which are minimally

necessary to fill the gap in wireless service;

(f) That it is using the least intrusive means to provide wireless service

necessary to fill the gap in such service; and

(g) That the proposed antenna tower and monopole, even when supporting

all possible co-locators will be in full compliance with Federal

Communication Commission cumulative and individual RF emission

levels.

1313.7 Any antenna tower or monopole with a proposed height in excess of that

permitted by the Act of June 1, 1910 (36 Stat. 452), as amended, shall not be

permitted, unless the height is approved by the Mayor or his or her designee.

1313.8 An antenna tower or monopole shall be set back a minimum horizontal distance

equal to its total height as measured from the ground, from any residentially

developed or zoned property.

1313.9 Each part of an antenna tower or monopole shall be set back from each lot line the

greater of the following:

(a) Twenty feet (20 ft.); or

(b) A distance of at least one-third (1/3) of the total constructed height.

1313.10 The Board of Zoning Adjustment shall submit the application to the Office of

Planning for review and report.

1313.11 The applicant shall provide written and/or graphic documentation of the

following:

(a) The area to be served by the proposed new antenna tower or monopole;

Subtitle C-102

(b) The area being inadequately served;

providing service by the applicant within a two (2)-mile radius, including

public space, of the proposed site;

(d) Other towers or monopoles within a two (2)-mile radius of the proposed

site with identified heights above grade;

(e) An explanation of why the applicant cannot collocate on an existing

tower or monopole;

(f) A written statement agreeing to permit the collocation by other service

providers on a commercial basis on an antenna tower;

(g) A written statement agreeing to design a proposed monopole for at least

three (3) antenna arrays and to make the array space available on a

commercial basis for collocation by any telecommunications service

provider whenever unused by the initial telecommunications service

provider(s);

(h) The topographic conditions of the area to be served;

(i) The relative height of the antenna tower or monopole to the tops of

surrounding trees within one-quarter mile (.25 mi.) radius of the proposed

site as they presently exist;

(j) The proposed appearance of the antenna tower or monopole, including

exterior finish;

(k) A maintenance plan explaining how the property manager will control ice

build-up, falling ice, and potential falling debris; the plan should also

address how inoperative antennas will be removed; and

(l) Other information as may be necessary for impact assessment of the

antenna tower or monopole.

1313.12 In addition to any other conditions deemed necessary to mitigate potential adverse

impacts, the Board of Zoning Adjustment may impose conditions relating to

operation, location, screening, collocation, or other requirements as it shall deem

necessary to protect adjacent and nearby property, neighborhood character, and

the image of the city as the nation's capital, consistent with the general purpose

and intent of this chapter and may require the removal of any on-site inoperable or

unauthorized antenna as a condition to the approval.

1313.13 No signs of any kind, including advertisements, may be placed on an antenna

tower or monopole, its equipment cabinet, or its equipment shelter, unless

necessary for the safety of the public.

Subtitle C-103

1314 NONCONFORMING ANTENNAS

1314.1 A nonconforming antenna shall not be altered, modernized, or otherwise replaced,

except in conformity with all provisions of this title.

1314.2 If a nonconforming antenna stops functioning, a temporary replacement antenna

may be installed, subject to the following conditions:

(a) A permanent replacement antenna cannot be installed as a matter of right;

(b) The temporary installation shall be permitted for one (1) year; and

Board of Zoning Adjustment as a basis for approval of a special

exception to install a conforming replacement.

1314.3 Within three (3) months after the nonconforming antenna stops functioning, the

owner or occupant of the land or structure on which the antenna is installed shall

apply for a special exception to install a longer term replacement.

1314.4 An antenna that was legally permitted prior to the date of adoption of this chapter

shall be considered a conforming antenna.

1314.5 This section does not apply to antenna towers, monopoles, or antenna support

structures.

1315 EQUIPMENT CABINET OR SHELTER

1315.1 If an antenna equipment cabinet or shelter is provided on the ground, it shall be

subject to the following:

(a) It shall be regulated as an accessory building subject to any applicable

criteria within each zone; and

(b) It shall harmonize with the main structure in architectural character,

material, and color.

1315.2 If an antenna equipment cabinet or shelter is provided on the roof of a building or

structure, it shall be erected or enlarged subject to the following:

(a) It shall be set back from all exterior walls a distance at least equal to its

height above the roof upon which it is located;

(b) It shall harmonize with the main structure in architectural character,

material, and color;

the roof upon which it is located; and

Subtitle C-104

(d) It shall be placed only on a roof of a principal structure and may not be

permitted on a roof of any other roof structure or penthouse.

1315.3 The Board of Zoning Adjustment may waive one (1) or more of the requirements

of Subtitle C § 1315.2 for good cause shown in accordance with Subtitle Y.

1316 REMOVAL OF ANTENNAS, ANTENNA TOWERS,

MONOPOLES, AND RELATED EQUIPMENT

1316.1 Antennas, antenna towers, monopoles, equipment cabinets, or equipment shelters

shall be removed at the expense of the property owner if they have not been used

for a period of one (1) -year. A one (1) -year extension may be granted by the

Board of Zoning Adjustment to this requirement for good cause shown.

Subtitle C-105

CHAPTER 14 RETAINING WALLS

1400 INTRODUCTION

1400.1 The provisions of this chapter shall apply to the construction of a retaining wall in

any R or RF zone.

1401 GENERAL PROVISIONS

1401.1 The height of a retaining wall shall be determined as follows:

(a) The height of a retaining wall is the vertical distance measured from the

natural grade at the base of the wall to the top of the wall;

(b) When the height of a retaining wall varies, the height shall be measured

at the highest point of the wall, from the natural grade at the base of the

wall at that point; and

included in measuring retaining wall height.

1401.2 Subject to the height limitations of Subtitle C § 1401.3 through 1401.6, the

maximum height of a retaining wall shall be six feet (6 ft.).

1401.3 A retaining wall shall not exceed four feet (4 ft.) in height in the following

locations, unless a lower height is required by Subtitle C § 1401.5 and 1401.6:

(a) Along a street frontage or property line;

(b) Within any required side setback;

R-19, and R-21 zones, within twenty-five feet (25 ft.) of the rear property

line, as measured from the rear property line inward; and

(d) In the R-2, R-3, R-10, R-13, R-17, R-20, and RF zones, within twenty

feet (20 ft.) of the rear property line, as measured from the rear property

line inward.

1401.4 A retaining wall located along a street frontage on a block with adjacent existing

retaining walls shall not be greater in height than the tallest adjacent existing

retaining walls up to the maximum height of four feet (4 ft.).

1401.5 A retaining wall located on any area between a property line and a building line

shall not exceed a maximum height of forty-two inches (42 in.).

Subtitle C-106

1401.6 A retaining wall abutting an improved alley in the R-3 or RF zones shall not

exceed a maximum height of twelve feet (12 ft.).

1401.7 Retaining walls may be tiered or terraced provided that the width of the area

between each retaining wall is at least twice the height of the lower retaining wall.

The area between each wall shall be pervious and may not be paved or otherwise

covered with impervious materials.

SOURCE: Final Rulemaking & Order No. 08-06D published at 63 DCR 10620 (August 19, 2016).

1402 SPECIAL EXCEPTION FROM RETAINING WALL

REQUIREMENTS

1402.1 Retaining walls not meeting the requirements of this section may be approved by

the Board of Zoning Adjustment as a special exception pursuant to Subtitle X. In

addition to meeting the general conditions for being granted a special exception as

set forth in that subtitle, the applicant must demonstrate that conditions relating to

the building, terrain, or surrounding area would to make full compliance unduly

restrictive, prohibitively costly, or unreasonable.

Subtitle C-107

CHAPTER 15 PENTHOUSES

1500 PENTHOUSE GENERAL REGULATIONS

1500.1 A penthouse, when not in conflict with The Height Act, may be erected to a

height in excess of the building height authorized by the zone district, in

accordance with the conditions specified in this section.

1500.2 Except for compliance with the setbacks required by Subtitle C § 1502 and as

otherwise noted in this section, a penthouse that is less than four feet (4 ft.) in

height above a roof or parapet wall shall not be subject to the requirements of this

section.

1500.3 A penthouse may house mechanical equipment or any use permitted within the

zone, except as follows:

(a) Penthouse habitable space on a detached dwelling, semi-detached

dwelling, rowhouse, or flat shall be limited pursuant to Subtitle C

§ 1500.4;

(b) Within residential zones in which the building is limited to forty feet (40

ft.) maximum, the penthouse use shall be limited to penthouse mechanical

space and ancillary space associated with a rooftop deck, to a maximum

area of twenty percent (20%) of the building roof area dedicated to rooftop

unenclosed and uncovered deck, terrace, or recreation space;

as a special exception if approved by the Board of Zoning Adjustment

under Subtitle X, Chapter 9; and

(d) Penthouse habitable space is not permitted on any building within an area

bound by I Street, N.W. to the north; Constitution Avenue, N.W. to the

south; 19

Street, N.W. to the west, and 13

Street, N.W. to the east.

1500.4 Notwithstanding Subtitle C § 1500.3, a penthouse, other than screening for

rooftop mechanical equipment or a guard-rail required by Title 12 of the DCMR,

D.C. Construction Code for a roof deck, shall not be permitted on the roof of a

detached dwelling, semi-detached dwelling, rowhouse or flat in any zone;

however, the Board of Zoning Adjustment may approve a penthouse as a special

exception under Subtitle X, Chapter 9, provided the penthouse:

(a) Is no more than ten feet (10 ft.) in height and contains no more than one

(1) story; and

(b) Contains only stair or elevator access to the roof, and a maximum of

thirty square feet (30 sq. ft.) of storage space ancillary to a rooftop deck.

Subtitle C-108

1500.5 For the administration of this section, mechanical equipment shall not include

telephone equipment, radio, television, or electronic equipment of a type not

necessary to the operation of the building or structure. Antenna equipment

cabinets and antenna equipment shelters shall be regulated by Subtitle C, Chapter

13.

1500.6 All penthouses and mechanical equipment shall be placed in one (1) enclosure,

except that a rooftop egress stairwell enclosure not containing any other form of

habitable or mechanical space may be contained within a separate enclosure, and

shall harmonize with the main structure in architectural character, material, and

color.

1500.7 When roof levels vary by one (1) floor or more or when separate elevator cores

are required, there may be one (1) enclosure for each elevator core at each roof

level.

1500.8 When consisting solely of mechanical equipment, the equipment shall be enclosed

fully as prescribed in Subtitle C §§ 1500.6 and 1500.7 except that louvers may be

provided. A roof over a cooling tower need not be provided when the tower is

located at or totally below the top of enclosing walls.

1500.9 Enclosing walls of the penthouse shall be of equal, uniform height as measured

from roof level, except that:

(a) Enclosing walls of penthouse habitable space may be of a single different

height than walls enclosing penthouse mechanical space;

(b) For a penthouse containing no habitable space, enclosing walls of penthouse

mechanical space shall be of a single uniform height except walls enclosing

an elevator override may be of a separate uniform height; and

of a single, different uniform height.

1500.10 Enclosing walls of a penthouse from roof level shall rise vertically to a roof, with

a slope not exceeding twenty percent (20%) from vertical.

1500.11 For residential buildings, the construction of penthouse habitable space, except

penthouse habitable space devoted exclusively to communal rooftop recreation or

amenity space for the primary use of residents of the residential building, is

subject to the Inclusionary Zoning set-aside provisions of Subtitle C, Chapter 10

Inclusionary Zoning.

1500.12 For non-residential buildings, the construction of penthouse habitable space,

including all forms of habitable space, shall trigger the affordable housing

requirement as set forth in Subtitle C § 1505.

Subtitle C-109

1501 PENTHOUSE HEIGHT

1501.1 Permitted penthouse height and number of stories shall be as prescribed in the

development standards for the applicable zone.

1501.2 Permitted penthouse height and number of stories for a building constructed

pursuant to the planned unit development (PUD) shall be as prescribed for the

PUD standards for the applicable zone, pursuant to Subtitle X, Chapter 3.

1501.3 Architectural embellishments consisting of spires, tower, domes, minarets, and

pinnacles may be erected to a greater height than any limit prescribed by these

regulations or the Height Act, provided the architectural embellishment does not

result in the appearance of a raised building height for more than thirty percent

(30%) of the wall on which the architectural embellishment is located.

1501.4 Pursuant to § 5 of the Height Act, D.C. Official Code § 601.05(h), a penthouse

may be erected to a height in excess of that permitted therein if authorized by the

Mayor or his or her designee and subject to the setback and other restrictions

stated in the Act.

1502 PENTHOUSE SETBACKS

1502.1 Penthouses, screening around unenclosed mechanical equipment, rooftop

platforms for swimming pools, roof decks, trellises, and any guard rail on a roof

shall be setback from the edge of the roof upon which it is located as follows:

(a) A distance equal to its height from the front building wall of the roof

upon which it is located;

(b) A distance equal to its height from the rear building wall of the roof upon

which it is located;

which it is located if:

(1) In any zone, it is on a building used as a detached dwelling, semi-

detached dwelling, rowhouse or flat, that is:

(A) Adjacent to a property that has a lower or equal permitted

matter-of-right building height, or

(B) On a corner lot adjacent to a public or private street or alley

right-of-way or a public park;

(2) In the R-1 through R-4 zones, it is on any building not described in

Subtitle C § 1502.1(c)(1) that is:

Subtitle C-110

(A) Adjacent to a property that has a lower or equal permitted

matter- of- right building height, or

(B) On a corner lot adjacent to a public or private street or alley

right-of-way or a public park;

(3) For zones not listed in paragraph Subtitle C § 1502.1(c)(2), it is on

a building not described in paragraph Subtitle C § 1502.1(c)(1) that

is located adjacent to a property that has a lower permitted matter-

of-right building height;

(4) For any zone, it is on a building adjacent to a property improved

with a designated landmark or contributing structure to a historic

district that is built to a lower height regardless of the permitted

matter-of-right building height; and

(5) For any zone, it is on a building with walls that border any court

other than closed courts;

(d) A distance equal to one-half (0.5) of its height from any side building wall

of the roof upon which it is located that is not adjoining another building

wall and not meeting the conditions of paragraphs Subtitle C

§§ 1502.1(c)(1) through (5); or

(e) A distance equal to two (2) times its height from any building wall of the

roof upon which it is located which fronts onto Independence Avenue,

S.W. between 12

Street, S.W. and 2

Street, S.W., or fronting onto

Pennsylvania Avenue, N.W. between 3

Street, N.W and 15

Street,

N.W., subject to any penthouse constraints contained within adopted

PADC Guideline documents.

1503 PENTHOUSE AREA

1503.1 For the purposes of calculating floor area ratio for the building, the aggregate

square footage of all penthouse levels or stories measuring six and one-half feet

(6.5 ft.) or more in height shall be included in the total floor area ratio permitted

for the building, with the following exceptions:

(a) Penthouse mechanical space;

(b) Communal recreation space;

§ 1503.1(b) with a floor area ratio of less than four-tenths (0.4); and

(d) Mechanical equipment owned and operated as a penthouse by a fixed

right-of-way public mass transit system.

Subtitle C-111

1503.2 Penthouses shall not exceed one-third (1/3) of the total roof area upon which the

penthouse sits in the following areas:

(a) Zones where there is a limitation on the number of stories other than the

MU-8, MU-20, or NC-13 zones; and

(b) Any property fronting directly onto Independence Avenue, S.W. between

Street, S.W. and 2

Street, S.W.

1503.3 Areas within curtain walls without a roof used where needed to give the

appearance of one (1) structure shall not be counted in floor area ratio, but shall

be computed as a roof structure to determine if they comply with Subtitle C

§ 1503.2.

1504 RELIEF TO PENTHOUSE REQUIREMENTS

1504.1 Relief to the requirements of Subtitle C §§ 1506 – 1500.10 and 1502 may be

granted as a special exception by the Board of Zoning Adjustment subject to

Subtitle X, Chapter 9 and subject to the following considerations:

(a) The strict application of the requirements of this chapter would result in

construction that is unduly restrictive, prohibitively costly, or

unreasonable, or is inconsistent with building codes;

(b) The relief requested would result in a better design of the roof structure

without appearing to be an extension of the building wall;

intrusive;

(d) Operating difficulties such as meeting D.C. Construction Code, Title 12

DCMR requirements for roof access and stairwell separation or elevator

stack location to achieve reasonable efficiencies in lower floors; size of

building lot; or other conditions relating to the building or surrounding

area make full compliance unduly restrictive, prohibitively costly or

unreasonable;

(e) Every effort has been made for the housing for mechanical equipment,

stairway, and elevator penthouses to be in compliance with the required

setbacks; and

(f) The intent and purpose of this chapter and this title shall not be materially

impaired by the structure, and the light and air of adjacent buildings shall

not be affected adversely.

1504.2 Relief shall not be granted to the setback requirements of Subtitle C § 1502 for a

roof structure located on a building constructed to the maximum height allowed

by the Height Act.

Subtitle C-112

1504.3 A request to add penthouse habitable space to a building approved by the Zoning

Commission as a planned unit development or through the design review

requirements of Subtitle X, Chapters 3 and 6 prior to January 8, 2016, may be

filed as a minor modification for placement on the Zoning Commission consent

calendar, pursuant to Subtitle Z § 703, provided:

(a) The item shall not be placed on a consent calendar for a period of thirty

(30) days minimum following the filing of the application; and

(b) The Office of Planning shall submit a report with recommendation a

minimum of seven (7) days in advance of the meeting.

1504.4 In addition to meeting the requirements of Subtitle X, Chapter 9, an application

made pursuant to Subtitle C § 1504.3 shall include:

(a) A fully dimensioned copy of the approved and proposed roof -plan and

elevations as necessary to show the changes;

(b) A written comparison of the proposal to the Zoning Regulations; and

been notified of the request.

SOURCE: Final Rulemaking & Order No. 08-06E published at 63 DCR 10932 (August 26, 2016).

1505 AFFORDABLE HOUSING PRODUCTION REQUIREMENT

GENERATED BY CONSTRUCTION ON A NON-

RESIDENTIAL BUILDING OF PENTHOUSE HABITABLE

SPACE

1505.1 The owner of a non-residential building proposing to construct penthouse

habitable space shall produce or financially assist in the production of residential

uses that are affordable to low-income households, as those households are

defined by Subtitle C, Chapter 10, in accordance with this section.

1505.2 The requirements of this provision shall be triggered by the filing of a building

permit application that, if granted, would result in the amount of penthouse

habitable space exceeding one thousand square feet (1,000 sq. ft.).

1505.3 The requirements of this section shall not apply to properties owned by the

District government or the Washington Metropolitan Area Transit Authority and

used for government or public transportation purposes.

1505.4 Qualifying residential uses include single dwelling units, flats, multiple dwelling

units, including apartment houses, rooming houses, and boarding houses, but shall

not include transient accommodations, all as defined in Subtitle B.

Subtitle C-113

1505.5 If the owner constructs or rehabilitates the required housing, the provisions of

Subtitle C §§ 1505.6 through 1505.11 shall apply.

1505.6 The gross square footage of new or rehabilitated housing shall equal:

(a) Not less than one-fourth (1/4) of the proposed penthouse habitable space if

the required housing is situated on an adjacent property;

(b) Not less than one-third (1/3) of the proposed penthouse habitable space if

the location of the required housing does not comply with paragraph (a) of

this subsection, but is nonetheless within the same Advisory

Neighborhood Commission area as the property, or if it is located within a

Housing Opportunity Area as designated in the Comprehensive Plan; and

the location of the required housing is other than as approved in

paragraphs (a) and (b) above.

1505.7 If the housing is provided as new construction, the average square feet of gross

floor area per dwelling or per apartment unit shall be not less than eight hundred

and fifty square feet (850 sq. ft.); provided, that no average size limit shall apply

to rooming houses, boarding houses, or units that are deemed single-room

occupancy housing.

1505.8 For purposes of this section, the word "rehabilitation" means the substantial

renovation of housing for sale or rental that is not habitable for dwelling purposes

because it is in substantial violation of the Housing Regulations of the District of

Columbia (14 DCMR).

1505.9 In the case of rental housing, the required housing shall be maintained as

affordable dwelling units for not less than twenty (20) years beginning on the

issuance date of the first certificate of occupancy for the residential development,

or if for a single dwelling unit, the effective date of the first lease agreement.

1505.10 If the required housing is provided for home ownership, it shall be maintained as

affordable dwelling units for not less than twenty (20) years beginning on the

issuance date of the first certificate of occupancy for the residential development,

or if for a single dwelling unit, the effective date of the first sales agreement.

1505.11 No certificate of occupancy shall be issued for the owner’s building to permit the

occupancy of penthouse habitable space until a certificate of occupancy has been

issued for the housing required pursuant to this section, or in the case of a

residential unit for which a certificate of occupancy is not required, prior to the

final building inspection.

1505.12 If the owner instead chooses to contribute funds to a housing trust fund, as

defined in Subtitle B, the provisions of Subtitle C §§ 1505.13 through 1505.16

shall apply.

Subtitle C-114

1505.13 The contribution shall be equal to one-half (0.5) of the assessed value of the

proposed penthouse habitable space.

1505.14 The assessed value shall be the fair market value of the property as indicated in

the property tax assessment records of the Office of Tax and Revenue no earlier

than thirty (30) days prior to the date of the building permit application to

construct the penthouse habitable space.

1505.15 The contribution shall be determined by dividing the assessed value per square

foot of land that comprises the lot upon which the building is or will be located by

the maximum permitted non-residential FAR and multiplying that amount times

the penthouse habitable space to be constructed.

1505.16 Not less than one-half (0.5) of the required total financial contribution shall be

made prior to the issuance of a building permit for construction of the penthouse

habitable space, and the balance of the total financial contribution shall be made

prior to the issuance of a certificate of occupancy for any or all of the building’s

penthouse habitable space.

Subtitle C-115

CHAPTER 16 PUBLIC EDUCATION, RECREATION OR LIBRARY

BUILDINGS OR STRUCTURES

1600 GENERAL PROVISIONS

1600.1 The provisions of this chapter control the height and bulk of public education

buildings and structures, public recreation and community centers, and public

libraries.

1601 DEVELOPMENT STANDARDS

1601.1 Public education buildings and structures, public recreation and community

centers, or public libraries subject to this chapter, but not otherwise regulated by

the development standards of this chapter, shall be subject to the development

standards for the zone in which the building or structure is proposed.

1602 HEIGHT

1602.1 A public school building or structure may be erected to a height as follows:

(a) In an RF-3 zone, a public school building or structure may be erected to a

height not exceeding forty feet (40 ft.);

(b) In an R, RF-1, or RF-2 zone, a public school building or structure may be

erected to a height not exceeding sixty feet (60 ft.);

structure may be erected to a height not exceeding ninety feet (90 ft.); and

(d) In all other zones a public school building or structure may be erected to

the maximum height permitted within the zone.

1602.2 A public recreation and community center may be erected to a height as follows:

(a) In an R, RF, or RA zone a public recreation and community center may

be erected to a height not to exceed forty-five feet (45 ft.);

(b) In the RF-3 and MU-11 zone a public recreation and community center

may be erected to a height not to exceed forty feet (40 ft.); and

erected to the maximum height permitted within the zone.

1602.3 A public library may be built to the maximum height permitted within the zone

located.

Subtitle C-116

1602.4 A college or university building or structure covered by an approved campus plan

pursuant to Subtitle X, Chapter 1 may be erected to a height not exceeding sixty

feet (60 ft.) in an RA-2, RA-7, RA-8, and RA-9 zone.

1603 LOT OCCUPANCY

1603.1 A public recreation and community center shall not exceed the maximum lot

occupancy as required within the zone in which the public recreation and

community center is located, except as established in Subtitle C § 1603.3.

1603.2 In an R or RF zone, a public recreation and community center may be permitted a

lot occupancy not to exceed forty percent (40%), if approved by the Board of

Zoning Adjustment as a special exception subject to Subtitle C § 1610 and

provided that the agency shows that the increase is consistent with agency policy

of preserving open space.

1603.3 A public recreation and community center shall not exceed a maximum lot

occupancy of twenty percent (20%) in the following zones:

(a) All R, RF, RA zones; and

(b) MU-1, MU-2, MU-10, MU-11, MU-12, MU-13, MU-14, MU-15, MU-

16, MU-22, MU-23, and MU-29 zones.

1603.4 Public education buildings and structures and public libraries shall not occupy a

lot in excess of the maximum lot occupancy as set forth in the following table:

TABLE C § 1603.4: MAXIMUM LOT OCCUPANCY FOR PUBLIC EDUCATION

BUILDINGS AND STRUCTURES AND PUBLIC LIBRARIES

Zone District

Structure

Maximum Percent of

Lot Occupancy

RA-6, RA-7, RA-8,

RA-9

Public school buildings and structures

40%

Public library

40%

R-1-A, R-1-B, R-2,

R-3, R-6, R-7, R-8,

R-9, R-10, R-11,

R-12, R-13, R-14,

R-15, R-16, R-17,

R-19, R-20, R-21,

RF-1, RF-2, RF-3

Public school buildings and structures

60%

Public library

40%

RA-1, RA-2, RC-1

Public school buildings and structures

60%

Public library

60%

RA-3, RA-4, RA-5,

RA-10, RA-11

Public school buildings and structures

75%

Public library

75%

All other zones

Public school buildings and structures

None prescribed

Public library

None prescribed

Subtitle C-117

1603.5 A public education building or structure may occupy the lot upon which it is

located in excess of the permitted percentage of lot occupancy prescribed in this

section subject to all of the following conditions:

(a) The portion of the building, excluding closed court, exceeding the lot

coverage shall not exceed twenty feet (20 ft.) in height or two (2) stories;

and

(b) The total lot occupancy shall not exceed seventy percent (70%) in the R-

2, R-3, R-10, R-13, R-17, R-20, and RF zones.

1603.6 The roof area of a public education building or structure 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 provided 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.

1603.7 A public recreation and community center may be permitted a lot occupancy not

to exceed forty percent (40%), if approved by the Board of Zoning Adjustment as

a special exception pursuant to Subtitle C § 1610 and provided that the agency

shows that the increase is consistent with agency policy of preserving open space.

1603.8 A public library may be permitted a lot occupancy in excess of that allowed in the

development standards of this chapter if approved by the Board of Zoning

Adjustment as a special exception pursuant to Subtitle C § 1610.

1604 DENSITY – GROSS FLOOR AREA (GFA) AND FLOOR AREA

RATIO (FAR)

1604.1 A public recreation and community center shall not exceed a gross floor area of

forty thousand square feet (40,000 sq. ft.) in the following zones:

(a) All R, RF, RA zones; and

(b) MU-1, MU-2, MU-10, MU-11, MU-12, MU-13, MU-14, MU-15, MU-

16, MU-22, MU-23, and MU-29 zones.

1604.2 Public education buildings and structures, public recreation and community

centers, and public libraries shall be permitted a maximum floor area ratio as set

forth in the following table:

TABLE C § 1604.2: FAR FOR PUBLIC EDUCATION BUILDINGS AND STRUCTURES,

PUBLIC RECREATION AND COMMUNITY CENTERS, AND PUBLIC LIBRARIES

Zone

Structure

Max. FAR

R-1-A, R-1-B, R-2, R-6, R-7,

R-8, R-9, R-10, R-11, R-12,

R-14, R-15, R-16, R-19, R-21

Public libraries

None prescribed

Public school buildings and structures

0.9

Public recreation and community center

0.9

Subtitle C-118

Zone

Structure

Max. FAR

All other structures

None prescribed

R-3, R-13, R-17, R-20

Public libraries

None prescribed

Public school buildings and structures

1.8

Public recreation and community center

1.8

All other structures

None prescribed

RF-1, RF-2, RF-3

Public libraries

None prescribed

Public school buildings and structures

1.8

Public recreation and community center

1.8

All other structures

None prescribed

RF-4, RF-5

Public libraries

2.0

Public school buildings and structures

1.8

Public recreation and community center

1.8

All other structures

None prescribed

RA-1, RA-6

Public libraries

2.0

Public school buildings and structures

1.8

Public recreation and community center

0.9

All other structures

0.9

RA-2, RA-7, RA-8, RC-1

Public libraries

2.0

Public school buildings and structures

1.8

Public recreation and community center

1.8

All other structures

1.8

RA-3

Public libraries

3.0

Public school buildings and structures

3.0

Public recreation and community center

1.8

All other structures

3.0

RA-4, RA-9

Public libraries

3.5

Public school buildings and structures

3.0

Public recreation and community center

1.8

All other structures

3.5

RA-5, RA-10

Public libraries

5.0

Public school buildings and structures

3.0

Public recreation and community center

1.8

All other structures

5.0

MU-1, MU-2, MU-15, MU-16,

MU-23

Public libraries

As permitted by zone

Public school buildings and structures

3.0

Public recreation and community center

1.8

All other structures

As permitted by zone

M-3

Public school buildings and structures

1.8

All other structures

As permitted by zone

MU-10, MU-22, MU-29

Public school buildings and structures

3.0

All other structures

As permitted by zone

All other zones

All structures

As permitted by zone

Subtitle C-119

1604.3 A public recreation and community center in an R zone may exceed 0.9 FAR in

those zones where it is so limited, up to a maximum of 1.8 FAR, if approved by

the Board of Zoning Adjustment as a special exception pursuant to the provisions

of Subtitle C § 1610.

1604.4 A public recreation and community center may have a density up to 1.8 FAR in

the RA-1 zone, if approved by the Board of Zoning Adjustment as a special

exception pursuant to the provisions of Subtitle C § 1610.

1605 MINIMUM LOT SIZE AND DIMENSIONS

1605.1 Unless otherwise permitted or required, use of an existing or creation of a new lot

for public school buildings or structures shall be subject to the following

minimum lot dimensions as set forth in the following table:

TABLE C § 1605.1: MINIMUM LOT DIMENSIONS FOR PUBLIC SCHOOL

BUILDINGS OR STRUCTURES

Zone

Structure

Minimum Lot Area

(Square Feet)

Minimum Lot

Width (Feet)

R-1-A

Public school or structure

15,000

120

R-1-B

Public school or structure

15,000

120

R-2, R-10

Public school or structure

9,000

120

R-3, R-13, R-17, R-20

Public school or structure

9,000

120

RF (R-4)

Public school or structure

9,000

120

RA-1, RA-6

Public school or structure

9,000

RA-2, RA-7, RA-8, RA-9,

RC-1

Public school or structure

9,000

RA-3, RA-4, RA-5, RA-10

Public school or structure

None prescribed

All other zones

All other structures

None prescribed

1605.2 For public education buildings or structures, minimum lot area may include

adjacent parcels under the same ownership that are separated only by a public

alley.

1605.3 For public education buildings or structures on split-zoned lots, the minimum lot

width and minimum lot area requirements, if any, of the less restrictive zone shall

apply to the entire lot as long as the lot was in existence as of February 13, 2006.

1605.4 For public education buildings or structures on a lot with more than one (1) street

front, the minimum lot width may include the measurement of all street frontages,

provided the lot width can be measured without interruption by another lot.

1605.5 Except in the RA-1 zone, a public recreation and community center in an R or RA

zone shall not exceed a maximum gross floor area of forty thousand square feet

(40,000 sq. ft.), unless approved by the Board of Zoning Adjustment as a special

exception pursuant to the provisions of Subtitle C § 1610.

Subtitle C-120

1606 REAR YARD

1606.1 A rear yard shall be provided for each public education building and structure,

public recreation and community center, or public library located in any R, RF, or

RA zone, the minimum depth of which shall be as set forth in the following table:

TABLE C § 1606.1: REAR YARD FOR PUBLIC EDUCATION BUILDING AND STRUCTURE, PUBLIC

RECREATION AND COMMUNITY CENTER, OR PUBLIC LIBRARY

Zone

Minimum Rear Yard (Feet)

R-1-A, R-1-B, R-6, R-7, R-8, R-9, R-11, R-12,

R-14, R-15, R-16, R-19, R-21

25 feet

R-2, R-3, R-10, R-13, R-17, R-20, all RF, RA-1,

RA-6

20 feet

RA-2, RA-3, RA-4, RA-7, RA-8, RA-9, RC-1

4 inches per foot of vertical distance from the mean finished

grade at the middle of the rear of the structure to the highest

point of the main roof or parapet wall, but not less than 15

feet

RA-5, RA-10

3 inches per foot of vertical distance from the mean finished

grade at the middle of the rear of the structure to the highest

point of the main roof or parapet wall, but not less than 12

feet

1606.2 In the case of a corner lot abutting three (3) or more streets, the rear yard may be

measured from the center line of the street abutting the lot at the rear of the

structure.

1606.3 In the case of a lot proposed to be used by a public education building and

structures public recreation and community center, or public library that abuts or

adjoins along the rear lot line a public open space, recreation area, or reservation,

no rear yard shall be required.

1607 SIDE YARD

1607.1 In the case of a lot proposed to be used by a public education building and

structure, public recreation and community center, or public library that abuts or

adjoins on one (1) or more side lot lines a public open space, recreation area, or

reservation, the required side yard shall not be required.

1608 COURTS

1608.1 Where a court is provided, it shall have the following minimum dimensions:

TABLE C § 1608.1: MINIMUM DIMESIONS FOR A COURT

Open Court Width:

Closed Court Width

Closed Court Area:

2.5

in./ft. of height of court;

6 ft. minimum.

2.5 in./ft. of height of court;

12 ft. min.

Twice the square of the required

width of court dimension;

250 sq. ft. minimum.

Subtitle C-121

1609 PERVIOUS SURFACE

1609.1 In an R zone, the minimum percentage of pervious surface of a lot shall be thirty

percent (30%).

1609.2 In an RF zone, a minimum percentage of pervious surface of a lot used for a

public recreation and community center shall be based on lot size as set forth in

the following table:

TABLE C § 1609.2: MINIMUM PERCENTAGE OF PERVIOUS SURFACE FOR A PUBLIC

RECREATION AND COMMUNITY CENTER

1610 SPECIAL EXCEPTION

1610.1 Exceptions to the development standards for public recreation and community

centers of this chapter shall be permitted as a special exception if approved by the

Board of Zoning Adjustment under Subtitle X, Chapter 9.

1610.2 Exceptions to the development standards of this chapter for public education

buildings and structures or a public library shall be permitted as a special

exception if approved by the Board of Zoning Adjustment under Subtitle X,

Chapter 9.

Minimum Lot Size

Minimum Percentage of Pervious Surface

Less than 1,800 square feet

1,801 to 2,000 square feet

10%

Larger than 2,000 square feet

20%

Subtitle C-122

CHAPTER 17 PLAZA

1700 INTRODUCTION

1700.1 Plaza regulations are intended to provide spaces in private developments that

serve as transitional spaces between streets or pedestrian rights-of-ways and the

entrances of buildings. These spaces are intended for public use, and may also be

used for temporary commercial displays and other activities, such as café seating.

The plaza regulations are intended to ensure that such spaces are appropriately

designed, including suitable lighting and landscaping.

1700.2 Plaza space required by specific zones and subject to the standards of this chapter

are intended to be publically accessible and are encouraged to be built adjoining

other plazas to maximize open space.

1700.3 Plaza regulations apply only on lots of ten thousand square feet (10,000 sq. ft.) or

more in area in the MU-10, MU-22, MU-29, and CG-4 zones.

1701 GENERAL PROCEDURES

1701.1 Plaza space for new development subject to this chapter shall be located

immediately adjacent to the main entrance to the principal building or structure on

the lot, and shall serve as a transitional space between the street or pedestrian

right-of-way and the building or structure.

1701.2 Plaza space shall be open to the sky or have a minimum vertical clearance of one

(1) story or ten feet (10 ft.).

1701.3 Plaza space shall be suitably lighted and landscaped for public use, and may be

utilized for temporary commercial displays.

1701.4 Plaza space shall be open and available to the general public on a continuous

basis.

1701.5 Required plaza space shall not be charged against the gross floor area of the

building.

1701.6 Plaza requirements shall be provided as a percentage of lot area.

1701.7 A plaza may be used by building occupants and visitors for:

(a) Café seating;

(b) Temporary commercial displays;

(d) Art displays; or

Subtitle C-123

(e) Other similar uses.

1701.8 Where preferred use space is required and is provided, the requirement to provide

plaza space shall not apply.

Subtitle C-124

CHAPTER 18 COURTS

1800 INTRODUCTION

1800.1 Where a court is provided for a building or portion of a building it shall be

provided with the area and dimensions required in each zone or as prescribed in

the applicable subtitle.

1800.2 For the purposes of determining court area and dimensions, "residential uses"

shall include dwellings, flats, multiple dwellings, hospitals, and community-based

residential facilities.

1801 RULES OF MEASUREMENT

1801.1 In the case of a building devoted to both residential and nonresidential uses, the

minimum width and area of a court shall be computed as follows:

(a) When the residential and nonresidential uses are located on different

floors of the building, the width and area requirements shall be computed

for each use at the plane of each floor of the building; and

(b) When the residential and nonresidential uses are located on the same

floor of the building, the width and area requirements for that plane shall

be computed based on the requirements for a residential building.

1801.2 No required opening for the admission of light and natural ventilation shall open

onto a court niche where the ratio between the width of court niche and the depth

of court niche is less than two to one (2:1).

1801.3 No portion of a court niche shall be farther than three feet (3 ft.) from a point

where the court niche is less than three feet (3 ft.) wide.

1801.4 In the case of an alteration affecting the amount of light and ventilation required

by other municipal law or regulation in an existing structure, no legally required

window shall be permitted to open onto a court that does not comply with the

dimensions in this title.