Subtitle C provides general regulations applicable to all zones unless otherwise stated in this title.

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:

1. (a)
   Guidance regarding continuance, expansion, or replacement of nonconforming uses;
2. (b)
   Guidance on additions or expansions to nonconforming structures; and
3. (c)
   Regulations for rebuilding nonconforming structures or reestablishing nonconforming uses.

Nonconformities shall be regulated in the following categories:

1. (a)
   Nonconforming use of land or structures; and
2. (b)
   Nonconforming structures.

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

Except as otherwise permitted in this chapter, nonconforming structures or uses may not be enlarged upon, expanded, or extended, nor may they be used as a basis for adding other structures or uses prohibited elsewhere in the same zone district.

Any nonconforming use of a structure or of land, or any nonconforming structure lawfully existing on the effective date of this title that remains nonconforming, and any use or structure lawfully existing that became nonconforming on the effective date of this title, may be continued, operated, occupied, or maintained, subject to the provisions of this chapter.

It is necessary and consistent with the establishment of the separate zone districts under this title that all uses and structures incompatible with permitted uses or structures shall be regulated strictly and permitted only under rigid controls, to the extent permitted by the Zoning Act of 1938.

Except as provided in Subtitle C § 203.8, ordinary repairs, alterations, and modernizations to the structure, including structural alterations, shall be permitted.

Enlargements or additions may be made to the structure; provided that the addition or enlargement itself shall:

1. (a)
   Conform to the use and development standards;
2. (b)
   Neither increase nor extend any existing, nonconforming aspect of the structure; nor create any new nonconformity of structure and addition combined; and
3. (c)
   Any enlargement or addition not meeting paragraphs (a) and (b) must obtain relief from the applicable development standards.

If a nonconforming structure is destroyed by fire, collapse, explosion, or act of God to an extent of more than seventy-five percent (75%) of the cost of reconstructing the entire structure, the nonconforming structure shall not be restored or reconstructed except in conformity with all provisions of this title, except as provided otherwise in Subtitle C §§ 203.2 through 203.7.

If a casualty or act of God results in damage to an extent of more than seventy-five percent (75%), and if the structure is nonconforming only with respect to percentage of lot occupancy the structure may be reconstructed or restored to its previous condition or to a more conforming condition, even if that condition does not comply with the applicable percentage of lot occupancy.

If a casualty or act of God results in damage to an extent of seventy-five percent (75%) or less of the cost of reconstructing the entire structure, the structure may be restored or reconstructed to its previous condition or to a more conforming condition; provided, that the reconstruction or restoration shall be started within twenty-four (24) months of the date of the destruction and continued diligently to completion.

If there is a dispute between the property owner and the Zoning Administrator as to whether the structure has been destroyed to the extent of seventy-five percent (75%) of reconstruction cost, the costs of restoration and of reconstruction shall be determined by the average of the estimates furnished by three (3) independent qualified contractors. One (1) contractor shall be selected by the owner, one (1) by the Zoning Administrator, and one (1) by the first two (2) mentioned contractors.

The estimates required by Subtitle C § 203.4 shall be prepared and submitted according to a standard procedure and format established by the Zoning Administrator, and the cost of estimates shall be at the expense of the property owner.

Notwithstanding the restrictions of Subtitle C § 203.1, a nonconforming structure that is a historic landmark or certified by the Historic Preservation Office to be a structure that contributes to the character of the historic district within which it is located, may be restored or reconstructed regardless of the extent of destruction of the structure, subject to the provisions of the Historic Landmark and Historic District Protection Act of 1978.

The twenty-four (24) month period provided in Subtitle C § 203.3 may be extended for as long as it takes to apply for and receive any governmental approvals necessary to accomplish the reconstruction or restoration, including but not limited to approvals from the Board of Zoning Adjustment, the Historic Preservation Review Board, and the Mayor's Agent for the Historic Landmark and Historic District Protection Act.

If a nonconforming antenna stops functioning, a temporary replacement antenna may be installed, subject to the following conditions:

1. (a)
   A permanent replacement antenna cannot be installed as a matter of right;
2. (b)
   The temporary installation shall be removed no later than one (1) year after the nonconforming antenna stops functioning;
3. (c)
   Within three (3) months after the nonconforming antenna stops functioning, the owner or occupant of the land or structure on which the antenna is installed shall apply to the Board of Zoning Adjustment for a special exception under Subtitle X, Chapter 9, to install a longer term replacement; and
4. (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.

A nonconforming use of land or structure shall not be extended in land area, gross floor area, or use intensity; and shall not be extended to portions of a structure not devoted to that nonconforming use at the time of enactment of this title.

Where the nonconforming use occupies only a portion of the structure, the restrictions in this section shall apply only to that part of the structure devoted to the nonconforming use.

A new structure shall not be constructed to contain a nonconforming use, and any addition to an existing structure containing a nonconforming use shall be devoted to a conforming use.

Discontinuance for any reason of a nonconforming use of a structure or of land, except where governmental action impedes access to the premises, for any period of more than three (3) years, shall be construed as prima facie evidence of no intention to resume active operation as a nonconforming use. Any subsequent use shall conform to the regulations of the zone in which the use is located.

This presumption may only be rebutted by objective proof of a continuing use or of affirmative steps taken to resume the use during the period of time identified by the Zoning Administrator when revoking an existing certificate of occupancy or denying an application for a replacement certificate of occupancy.

A nonconforming use that is discontinued for any reason for a period of three (3) years or less shall be allowed to resume operation provided there was no intervening conforming use, there are no changes to the nonconforming use, and it conforms with Subtitle C § 204.1.

A non-conforming use may be changed to a use permitted as a matter of right in the zone in which the property is located.

 A nonconforming use may be changed to another nonconforming useif approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following conditions:

1. (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. (1)
      Subtitle D – Residential House (R) zones;
   2. (2)
      Subtitle E – Residential Flat (RF) zones;
   3. (3)
      Subtitle F – Residential Apartment (RA) zones;
   4. (4)
      Subtitle H – Neighborhood Mixed-Use (NMU) zones;
   5. (5)
      Subtitle G – Mixed-Use (MU) zones;
   6. (6)
      Subtitle I – Downtown zones (D);
   7. (7)
      Subtitle J – Production, Distribution, and Repair (PDR) Zones; and
   8. (8)
      Subtitle K – Special Purpose Zones.
2. (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;
3. (c)
   In the R and RF zones, the corner store provisions of the relevant subtitle shall apply;
4. (d)
   The external impacts of the proposed use will be deemed to be no greater than the existing use;
5. (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;
6. (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;
7. (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
8. (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.

If a structure devoted to a nonconforming use is destroyed by fire, collapse, explosion, or act of God to an extent of more than fifty percent (50%) of the cost of reconstructing the entire structure, it shall not be restored or reconstructed except in conformity with all provisions of this title, except as provided otherwise in this section.

If the casualty or act of God results in damage to an extent of fifty percent (50%) or less of the cost of reconstructing the entire structure, the structure may be restored or reconstructed to its previous condition or to a more conforming condition; provided, that the reconstruction or restoration shall be started within twenty-four (24) months of the date of the destruction and diligently continued to completion.

If there is a dispute between the property owner and the Zoning Administrator as to whether the structure has been destroyed to the extent of fifty percent (50%) of reconstruction cost, the costs of restoration and of reconstruction shall be determined by the average of the estimates furnished by three (3) independent qualified contractors, with one (1) of the contractors shall be selected by the owner, one (1) by the Zoning Administrator, and one (1) by the first two (2) mentioned contractors.

The estimates required by Subtitle C § 205.3 shall be prepared and submitted according to a procedure and format established by the Zoning Administrator, and the cost of preparing the estimates shall be at the expense of the property owner.

Notwithstanding the restrictions of Subtitle C § 205.1, a structure devoted in whole or in part to a nonconforming use that is an historic landmark or certified by the Historic Preservation Office to be a structure that contributes to the character of the historic district within which it is located, may be restored or reconstructed and the non-conforming use shall be allowed to be continued, regardless of the extent of destruction of the structure, subject to the provisions of the Historic Landmark and Historic District Protection Act of 1978.

The twenty-four (24) month period provided in Subtitle C § 205.2 may be extended for as long as it takes to apply for and receive any governmental approvals necessary to accomplish the reconstruction or restoration, including but not limited to approvals from the Board of Zoning Adjustment, the Historic Preservation Review Board, and the Mayor's Agent for the Historic Landmark and Historic District Protection Act.

This chapter provides:

1. (a)
   General rules for the creation of new record lots;
2. (b)
   Guidance regarding how to determine the applicability of lot dimension and shape regulations to a zone;
3. (c)
   General rules for measurement and standards that relate to the dimension and shape of lots; and
4. (d)
   Controls on the number of buildings on a record lot.

Lot dimension and size regulations are intended to ensure the dimensions and shapes of lots created are consistent with the purposes of a zone.

A record lot existing prior to the effective date of this title that does not conform with the lot dimension and lot area requirements of the zone in which it is located may be considered a conforming lot for the purposes of building permits and uses provided any building or structure thereon shall meet the development standards of the relevant zone and provided the non-conformity shall not be increased.

The minimum lot area and lot width requirements for the creation of new residential subdivisions are located in Subtitle D, Chapter 2 and Subtitle E, Chapter 2.

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

1. (a)
   A non-Alley Lot recorded as a tax lot with the Office of Tax and Revenue prior to May 12, 1958, which shared an underlying record lot with an Alley Tax Lot that has been converted to an Alley Record Lot under Subtitle C §  306.3, may be converted to a record lot without complying with these development standards; and
2. (b)
   A non-Alley Lot recorded as a tax lot with the Office of Tax and Revenue prior to September 6, 2016, which shared an underlying record lot with an Alley Tax Lot that has been converted to an Alley Record Lot under Subtitle C § 306.4, may be converted to a record lot if granted by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9. 

Each new primary building and structure shall be erected on a separate lot of record in all R, RF, and RA zones, except as follows:

1. (a)
   As provided for in the theoretical lot subdivision regulations of Subtitle C § 305.1;
2. (b)
   Buildings and structures erected in conformance with an approved campus plan, medical campus plan, or private school plan; and
3. (c)
   Buildings and structures erected in conformance with an approved planned unit development.

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

In all other zones, multiple primary buildings may be erected on a single record lot provided that each building, and the buildings as a group, shall meet all of the development standards for the zone.

All new record lots shall have at least one (1) street lot line on a public street or a public access easement approved by the District Department of Transportation, except that new Alley Record Lots shall instead comply with the rules of Subtitle C § 306.

Where a minimum lot width is required, the length of at least one (1) street lot line shall be at least seventy-five percent (75%) of the required lot width.

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.).

Each new lot being created to be used and occupied by an apartment house shall have a street frontage measured along the street line a distance of not less than thirty feet (30 ft.).

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

1. (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;
2. (b)
   Measure the distance of a straight line connecting the two points described in paragraph (a) of this subsection; and
3. (c)
   The distance of the straight line connecting the two points described in paragraph (b) of this subsection shall be the “lot width” of the lot.

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

1. (a)
   Identify the longest street lot line;
2. (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;
3. (c)
   Measure the distance of a straight line connecting the two points described in paragraph (b) of this subsection; and
4. (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.

Where the lot is a corner lot, the lot width shall be determined by measuring the width of the longest street lot line.

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In the R, RF, and RA zones, the Board of Zoning Adjustment may grant, through special exception, a waiver of Subtitle C § 302.1 to allow multiple primary buildings on a single record lot provided that, in addition to the general special exception criteria of Subtitle X, Chapter 9, the requirements of this section are met.

The number of buildings permitted by this section shall not be limited; provided, satisfactory evidence is submitted that all the requirements of this section are met based on a plan of theoretical subdivision where individual theoretical lots serve as boundaries for assessment of compliance with the Zoning Regulations.

The following development standards shall apply to theoretical lots:

1. (a)
   Side and rear yards of a theoretical lot shall be consistent with the requirements of the zone;
2. (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;
3. (c)
   The height of a building governed by the provisions of this section shall be measured from the finished grade at the middle of the building façade facing the nearest street lot line; and
4. (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.

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:

1. (a)
   Site plans including the following information:

   1. (1)
      A plat of the record lots proposed for subdivision;
   2. (2)
      The location of proposed streets and designated fire apparatus roads;
   3. (3)
      Location of proposed easements;
   4. (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. (5)
      Existing grading and proposed grading plans;
   6. (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. (7)
      Plans for the location of building footprints on theoretical lots; and
   8. (8)
      Required yards (rear, side and front) based on the regulations applicable to a zone or any modifications to regulations provided through this section;
2. (b)
   Typical or individual floor plans and elevations for the proposed buildings and structures; and
3. (c)
   A table of zoning information including required and proposed development standards.

Before taking final action on an application under this section, the Board of Zoning Adjustment shall refer the application to the Office of Planning for coordination, review, and report, including:

1. (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. (1)
      Public safety relating to police and fire concerns including emergency vehicle access;
   2. (2)
      The environment relating to water supply, water pollution, soil erosion, and solid waste management;
   3. (3)
      Public education;
   4. (4)
      Recreation;
   5. (5)
      Parking, loading, and traffic;
   6. (6)
      Urban design; and
   7. (7)
      As appropriate, historic preservation and visual impacts on adjacent parkland;
2. (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;
3. (c)
   Considerations of traffic to be generated and parking spaces to be provided, and their impacts;
4. (d)
   The impact of the proposed development on neighboring properties; and
5. (e)
   The findings, considerations, and recommendations of other District government agencies.

The proposed development shall comply with the substantive intent and purpose of this title and shall not be likely to have an adverse effect on the present character and future development of the neighborhood.

The Board of Zoning Adjustment may impose conditions with respect to the size and location of driveways; floor area ratio; height, design, screening, and location of structures; and any other matter that the Board determines to be required to protect the overall purpose and intent of the Zoning Regulations.

Any modification to a theoretical subdivision application resulting from an addition to a one (1) dwelling unit building may be reviewed as an expedited review, pursuant to Subtitle Y, Chapter 4.

A new Alley Record Lot shall:

1. (a)
   Have frontage along a public alley with a minimum alley width of twenty-four feet (24 ft.), with the alley frontage no less than fourteen feet (14 ft);
2. (b)
   Have access to a public street through a public alley or alleys with an alley width of not less than twenty-four feet (24 ft.) at any point between the new Alley Record Lot and the street;
3. (c)
   Meet the lot area standards applicable for non-Alley Lots in the same zone; if no minimum lot area standard is provided, the Alley Record Lot shall be a minimum of eighteen hundred square feet (1,800 sq. ft.) of lot area; and
4. (d)
   Not be created by subdividing an existing record lot unless the subdivision application includes a statement, supported by a plat depicting the proposed Alley Record Lot and its existing record lot, that establishes to the Zoning Administrator’s satisfaction that the remainder of that existing record lot and the new Alley Record Lot each comply with Subtitle C § 302 in addition to all other applicable requirements.

An Alley Record Lot may be combined with an abutting Alley Record Lot to create a larger Alley Record Lot without meeting the requirements of Subtitle C §§ 306.1.

An Alley Tax Lot recorded with the Office of Tax and Revenue prior to May 12, 1958, may be converted into an Alley Record Lot without meeting the requirements of Subtitle C § 306.1, if the Alley Tax Lot:

1. (a)
   Has a minimum square footage of four hundred and fifty square feet (450 sq. ft.); or
2. (b)
   Is combined with an abutting Alley Tax Lot created before May 12, 1958, or with an abutting Alley Record Lot, to create a larger Alley Record Lot.

An Alley Tax Lot not meeting the requirements of Subtitle C §§ 306.1 through 306.3 that was recorded with the Office of Tax and Revenue prior to September 6, 2016, may be converted to an Alley Record Lot if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, and subject to the following requirements:

1. (a)
   The Alley Tax Lot connects to an improved public street through an improved alley or system of alleys that provides adequate public safety, and infrastructure availability; and
2. (b)
   The Office of Zoning shall refer the application to the following agencies for their review and recommendation, if filed to the case record within the forty (40) day period established by Subtitle A § 211:

   1. (1)
      Department of Transportation (DDOT);
   2. (2)
      Department of Public Works (DPW);
   3. (3)
      Metropolitan Police Department (MPD);
   4. (4)
      Fire and Emergency Medical Services Department (FEMS);
   5. (5)
      DC Water (WASA); and
   6. (6)
      If a historic district or historic landmark is involved, the Historic Preservation Office (HPO).

Tree protection regulations of this title shall apply only in designated zones and are intended to:

1. (a)
   Preserve mature trees in the District to the maximum extent possible;
2. (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
3. (c)
   Encourage improved air quality and stormwater control that result from mature tree cover.

Tree protection regulations of this chapter are not to be construed to relieve a property owner of their obligation to comply with the provisions of the Urban Forest Preservation Act of 2002, as administered by the Urban Forestry Administration within the District Department of Transportation, and the regulations promulgated under its authority, currently codified in Chapter 37 of the Public Space and Safety Regulations, Title 24 DCMR.

The tree protection regulations of this chapter are only applicable when required by a specific zone as indicated in this title.

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

1. (a)
   Constructing a building, accessory building, horizontal building addition, or other structure; or
2. (b)
   Causing any other land disturbing activity to the lot that could result in the disturbance of the existing tree canopy.

Tree protection standards are based on trunk circumference. Trunk circumference shall be measured at a height of four feet-six inches (4 ft. 6 in.) above the ground.

Construction of a building, accessory building, or an addition to a building, creating any impervious surface area, subdividing any unimproved lot, or subdividing any improved lot so as to increase the number of principal structures thereupon, shall only be permitted as a matter of right subject to the following tree removal limitations:

1. (a)
   The restrictions of this section against removing, cutting down, or fatally damaging trees apply only to trees having a circumference of twelve inches (12 in.) or greater at a height of four feet-six inches (4 ft. 6 in.) above ground;
2. (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;
3. (c)
   No tree that has a circumference of seventy-five inches (75 in.) or more at a height of four feet-six inches (4 ft. 6 in.) above ground may be removed, cut down, or fatally damaged;
4. (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
5. (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.

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.

Pervious surface regulations are intended to provide a minimum amount of pervious area and limit the amount of impervious surface on a lot.

The minimum pervious surface percentage shall be as required by the development standards for the R and RF zones.

The minimum pervious surface percentage requirement shall be applicable only in conjunction with the following:

1. (a)
   The construction of a new principal structure;
2. (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;
3. (c)
   The construction of a new accessory structure that increases the existing lot occupancy at the time of building permit application by ten percent (10%) or more; or
4. (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.

Only the following shall be considered pervious surfaces for the purposes of calculating the pervious surface area:

1. (a)
   Grass, mulched groundcover, all areas of a vegetated roof planted with a growing medium, and other planted areas;
2. (b)
   Permeable or pervious pavers or paving that facilitate the infiltration of water into the soil; and
3. (c)
   Decks or porches constructed above the surface of the lot that are erected on pier foundations, and that maintain a permeable surface underneath that can facilitate the infiltration of water into the soil.

Pervious surfaces on a lot shall not include:

1. (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;
2. (b)
   The building footprint based on its foundation perimeter, whether located below grade or at grade;
3. (c)
   Where a building does not have a foundation, the area of the roof; and
4. (d)
   The area dedicated to a below or above grade swimming pool.

The percent of pervious surface area shall be calculated by dividing the total area of pervious surfaces on the lot by the total area of the lot.

Green Area Ratio (GAR) is the ratio of the weighted value of landscape elements to land area. The GAR score relates to an increase in the quantity and quality of environmental performance of the urban landscape.

GAR sets integrated environmental requirements for landscape elements and site design that contribute to the reduction of stormwater runoff, the improvement of air quality, and the mitigation of the urban heat island effect.

The purposes of the GAR regulations are to:

1. (a)
   Implement a value-based system of requirements for environmental site design that provides flexibility in meeting environmental performance standards; and
2. (b)
   Promote attractive and environmentally functional landscapes.

The purpose of this chapter is to:

1. (a)
   Provide general guidance about the regulation of GAR requirements;
2. (b)
   Define the applicability of GAR;
3. (c)
   Set forth the formula for calculating the GAR and define its component parts;
4. (d)
   Identify those landscape elements that are included in the GAR, explain how their area is measured, and set forth eligibility conditions;
5. (e)
   Establish multipliers for each eligible landscape element;
6. (f)
   Indicate what plans and certifications must accompany an application submitted to demonstrate proof of GAR compliance; and
7. (g)
   Establish maintenance requirements for the landscape elements that are provided as part of a property’s GAR requirement.

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

Except as provided in Subtitle C § 601.3 and pursuant to the conditions and requirements of this chapter, properties in all zones except the R and RF zones shall provide a GAR as specified in the development standards chapter for the specific zone.

The GAR standards set forth in this chapter shall apply to all new buildings and to all existing buildings where any additions, 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:

1. (a)
   Buildings that do not require certificates of occupancy;
2. (b)
   Municipal wastewater treatment facilities operated by the District of Columbia Water and Sewer Authority;
3. (c)
   The interior renovation of an existing building that meets all of the following:

   1. (1)
      Is located in the Central Employment Area;
   2. (2)
      Has an existing one hundred percent (100%) lot occupancy prior to the filing of the building permit;
   3. (3)
      Has an existing roof that cannot support a dead load of four inches (4 in.) of growth medium on the roof; and
   4. (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
4. (d)
   A historic resource and any additions thereto subject to the provisions of Subtitle C § 601.7.

Notwithstanding Subtitle C § 601.2 and Subtitle A § 301.4, the provisions of this chapter shall not apply to any application for a building permit:

1. (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
2. (b)
   Filed on or after October 1, 2013 if the building permit plans are consistent with:

   1. (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;
   2. (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. (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.

Any approved change or modification to a permit, project or application in Subtitle C §§ 601.3 and 601.4 that results in an increase in impervious surface or lot occupancy of twenty percent (20%) or more shall cause the GAR to be applicable for that portion of a project that is effected by the modification.

In addition to meeting the applicable burden for obtaining further processing approval under a campus plan to construct or add to a building, the college or university applicant shall demonstrate the extent to which the building or addition meets the GAR standards. Further processing approval shall include the determination by the Zoning Commission that the proposed building is compliant with the intent of the GAR regulations.

A historic resource and any additions thereto are exempt from the requirement of this chapter as a result of a change of use or an increase of intensity of use, except that this chapter shall be applicable when any addition results in an increase in the gross floor area of the historic resource by fifty percent (50%) or more. For the purposes of this chapter a “historical resource” is a building or structure listed in the District of Columbia Inventory of Historic Sites or a building or structure certified in writing by the Historic Preservation Office as contributing to the character of the historic district in which it is located.

The cost basis for additions, alterations or repairs to an existing building shall be the amount indicated by the applicant on the application for a building permit.

The GAR shall be calculated using the following formula:

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

1. (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”;
2. (b)
   The term “multiplier” refers the number listed Table C § 602.9 that corresponds to a “landscape element”; and
3. (c)
   The “area of landscape element” shall be the square feet of a landscape element, unless the element is a tree or large shrub, in which case “area of landscape element” refers to the element’s equivalent square footage as indicated in Subtitle C § 602.7.

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

1. (a)
   The area of each landscape element is multiplied by its corresponding multiplier;
2. (b)
   The resulting numbers for all landscape elements are added together;
3. (c)
   The resulting point total is then divided by the total land area of the lot; and
4. (d)
   The product of the equation equals the property’s GAR.

The total points for all permeable paving and enhanced tree growth credits may not count for more than one-third (1/3) of the GAR score for a lot.

If multiple landscape elements occupy the same area, for example groundcover under a tree or trees and shrubs on an intensive green roof, the full square footage or equivalent square footage of each element may be counted.

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

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

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

1. (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;
2. (b)
   For vegetated walls, the area calculated is the height times the width of the area to be covered by vegetation; and
3. (c)
   For all other elements other than trees, large shrubs, perennials, and vegetated walls, square footage is determined by the area of a horizontal plane that is over the landscape element.

Eligible landscape elements are identified in the table below:

No landscape element may be counted towards a property’s GAR unless it meets the applicable conditions stated in this section.

Plantings over the specified soil depths shall meet the required conditions listed in Table C § 602.9: GAR Landscape Elements and Multipliers.

Bioretention facilities shall be landscaped areas that receive rainwater from surrounding areas and use plants and soils to slow, filter, and infiltrate stormwater runoff. Bioretention facilities include, but are not limited to, rain or rainwater gardens, bioretention planters, or linear cells or swales. These do not include structures made of cement or concrete alone.

Trees shall meet the following conditions:

1. (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
2. (b)
   All trees shall meet the American Standard for Nursery stock, as set forth by the American Nursery and Landscape Association.

Vegetated walls shall meet the following conditions:

1. (a)
   The maximum calculated vertical dimension shall not exceed thirty feet (30 ft.) unless the vegetated wall features a built-in growth medium;
2. (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;
3. (c)
   The walls shall be at least five feet (5 ft.) from a side or rear lot line; and
4. (d)
   Where stormwater harvesting for irrigation is proposed, vegetated walls shall contain a connection to the proposed irrigation system.

Vegetated roofs shall meet the following conditions:

1. (a)
   Designs for vegetated roofs must include plans to provide supplemental water;
2. (b)
   Where stormwater harvesting for irrigation is proposed, vegetated roofs shall contain a connection to the proposed irrigation system; and
3. (c)
   The groundcover vegetation on a vegetated roof is not additionally eligible for groundcover value towards GAR requirements.

Water features shall meet the following conditions:

1. (a)
   Water features must use harvested rainwater for at least fifty percent (50%) of the annual flow; and
2. (b)
   The water features must be under water for at least six (6) out of twelve (12) months.

Enhanced tree growth systems shall meet the following conditions:

1. (a)
   Be at least twenty-four inches (24 in.) deep, under pavement, and adjacent to planting areas; and
2. (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.).

Native plant species shall meet the following conditions:

1. (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
2. (b)
   The applicant provides two (2) references in current publications showing that the plant is native to the region.

Food cultivation shall meet the following conditions:

1. (a)
   All food cultivation areas must be easily accessible to at least one (1) occupant of the building;
2. (b)
   All food cultivation areas must have a source of water that can reach all portions of the food cultivation area; and
3. (c)
   The cultivation of animals for food is not eligible for GAR credits.

Harvesting stormwater for irrigation shall meet the following conditions:

1. (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
2. (b)
   If the irrigation type is drip, no additional treatment of stormwater is required.

Plant species shall not be listed on the U.S. Fish and Wildlife Service’s list of Plant Invaders of Mid-Atlantic Natural Areas or other lists acceptable to the reviewing agency.

This section lists the submittal requirements for demonstrating compliance with a GAR requirement.

For the purposes of this section, the term “Certified Landscape Expert” means a person who is a:

1. (a)
   Landscape Architect licensed by the District of Columbia or, until September 1, 2021, by either the Commonwealth of Virginia or the State of Maryland;
2. (b)
   International Society of Arboriculture Certified Arborist;
3. (c)
   Maryland Certified Professional Horticulturist; or
4. (d)
   Landscape Contractors Association MD-DC-VA Landscape Industry Certified Technician.

Applicants shall submit a GAR score sheet with the GAR calculated for the given lot at the time of building permit application.

Applicants shall provide a landscape plan prepared by a Certified Landscape Expert that includes the following information:

1. (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;
2. (b)
   Lot dimension and size;
3. (c)
   Location and areas of all landscape elements with dimensions;
4. (d)
   Location, size, and species of all plants used to meet requirements;
5. (e)
   Both common and botanical names of all plant material;
6. (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;
7. (g)
   Plans indicating how preserved trees and other plants will be protected during demolition and construction;
8. (h)
   Location and dimensions of wheel stops, curbs, or other devices to protect landscaping for landscaped areas adjacent to driveways;
9. (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;
10. (j)
    Location and size of any trees to be removed;
11. (k)
    Specifications for soil improvement; and
12. (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.

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:

1. (a)
   Soil preparation;
2. (b)
   Use of compost;
3. (c)
   Plant replacement;
4. (d)
   Irrigation;
5. (e)
   Weed and pest control; and
6. (f)
   Control of noxious or invasive species.

The following modifications or substitutions to the landscape elements of an approved landscape plan require a plan revision and approval:

1. (a)
   Number of trees, shrubs, or groundcovers;
2. (b)
   Location of required plantings or landscape features;
3. (c)
   Substitution of species; or
4. (d)
   Revisions of any feature that could decrease the planting area or lower the GAR score.

Except as provided below, approved landscape elements shall be installed in accordance with the approved plan prior to the issuance of the certificate of occupancy.

Prior to the issuance of the certificate of occupancy, a landscape checklist must be signed by a Certified Landscape Expert, verifying that that landscaping was installed according to the building permit approved by Department of Consumer and Regulatory Affairs.

The Zoning Administrator may grant a temporary certificate of occupancy when installation of the required landscaping is not currently possible due to weather, season, or site construction subject to the condition that the required landscaping must be installed within four (4) months after the date the temporary certificate is issued.

The Zoning Administrator may grant up to two (2) extensions of a temporary certificate of occupancy, each for a four (4) month period based on the same conditions of Subtitle C § 604.9.

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.

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.

This chapter provides parking regulations intended to:

1. (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;
2. (b)
   Ensure that vehicle parking areas are safe and accessible; and
3. (c)
   Ensure that surface parking areas are planted and landscaped to be compatible with their surroundings, and to reduce environmental impacts.

Any building permit application for new construction or an addition to an existing building shall be accompanied by a detailed parking plan demonstrating full compliance with this chapter.

The Zoning Administrator may, at his or her discretion, request that the District Department of Transportation review and make a recommendation regarding any item on the vehicle parking plan prior to approving the building permit application.

No certificate of occupancy shall be issued unless the vehicle parking spaces have been constructed in accordance with the approved parking plans.

The minimum parking requirements set forth in this section shall apply to the R, RF, RA, MU, NMU, and PDR zones; and only as specified in zones within Subtitle K.

Where required, the minimum parking requirements set forth in Subtitle C § 701.5, in addition to any specific parking requirements of this title, shall be met when a new building is constructed.

Parking standards for uses in the residential use categories are calculated in the number of parking spaces per dwelling unit.

Parking standards for uses based on gross floor area are calculated in the number of parking spaces per one thousand square feet (1,000 sq. ft.) of gross floor area as described in Subtitle C § 709.

Except as provided for in Subtitle C § 702, parking requirements for all use categories are as follows (all references to “sq. ft.” refers to square feet of gross floor area as calculated in Subtitle C § 709):

If two (2) or more uses are located on a single lot or in a single building and the applicable parking standard for such uses exempts an initial floor area (for example, the first 3,000 sq. ft. of gross floor area), only one exempt floor area may be deducted from the total combined parking requirements for the uses and the exempt floor area shall be pro-rated among uses.

If two (2) or more uses are located on a single lot or in a single building, the number of parking spaces provided on-site, or off-site in accordance with Subtitle C § 701.8(b), must equal the total number of parking spaces required for all uses, except when parking is shared among uses as provided in Subtitle C § 701.9. If a single use falls into more than one (1) use category for which different parking minimums apply, the greater number of parking spaces shall apply.

Required parking spaces shall be located either:

1. (a)
   On the same lot as the use or structure they are meant to serve; or
2. (b)
   On another lot, subject to the following provisions:

   1. (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. (2)
      The off-site location may be located within a different zone, except that the off-site parking location for a use within any zone other than an R or RF zone shall not be located within an R or RF zone, except parking for Transportation Infrastructure uses as permitted by Subtitle U § 202.1(q); and
   3. (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;
3. (c)
   Unless under common ownership, a written agreement shall remain in effect between the owner of the parking area and the owner of the use for which the parking spaces are required (the use);
4. (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;
5. (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
6. (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. (1)
      The applicant’s demonstration that the accessory parking spaces shall be located so as to furnish reasonable and convenient parking facilities for the occupants or guests of the building or structures that they are designed to serve; and
   2. (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.

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:

1. (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;
2. (b)
   Parking may be shared:

   1. (1)
      Between uses and a parking site within the same zone; or
   2. (2)
      Between uses and a parking site within an R and RF zone; or
   3. (3)
      Between a use in an R or RF zone and a parking site in any other zone; but
   4. (4)
      May not be shared between a parking site within an R or RF zone and a use located in any other zone;
3. (c)
   Unless under common ownership, a written agreement shall remain in effect between the owner of the parking area and the owner of the use for which the parking spaces are required (the use), and shall include the obligation set forth in Subtitle C § 701.9;
4. (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
5. (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.

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.

Dedicated car-share parking spaces may be counted toward fulfillment of a minimum parking requirement.

Uses governed by a campus plan are subject to the minimum parking requirement approved by the Zoning Commission and are not subject to the parking requirements otherwise applicable.

Parking spaces provided in an amount which exceeds that required by this section shall be subject to the provisions of Subtitle C § 707.

Required parking spaces shall be provided and maintained so long as the structure that the parking spaces are designed to serve exists.

Except as provided in Subtitle C § 702.2, within any zone other than an R or RF zone, the minimum vehicle parking requirement identified in the table of Subtitle C § 701.5 shall be reduced by fifty percent (50%) for any site which is located:

1. (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; or
2. (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
3. (c)
   Within one-quarter mile (.25 mi.) of one (1) of the following Priority 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. (1)
      Georgia Avenue/7^th Street (Routes 70, 79);
   2. (2)
      Wisconsin Avenue/Pennsylvania Avenue (Routes 31, 32, 34, 36, 37, 39);
   3. (3)
      Sixteenth Street (Routes S1, S2, S4, S9);
   4. (4)
      H Street/Benning Road (Routes X1, X2, X3, X9);
   5. (5)
      U Street/Garfield (Routes 90, 92, 93);
   6. (6)
      Anacostia/Congress Heights (Routes A2, A4, A5, A6, A7, A8, A9, A 42, A46, A48);
   7. (7)
      Fourteenth Street (Routes 52, 53, 54);
   8. (8)
      North Capitol Street (Route 80); and
   9. (9)
      Rhode Island Avenue (Route G8).

In any zone, a public school shall be permitted to reduce its minimum vehicle parking requirement by fifty percent (50%) pursuant to the criteria of Subtitle C § 702.1(a), (b), or (c).

Any applicant claiming a reduction in required parking in accordance with Subtitle C § 702.1 shall provide evidence to the Zoning Administrator that meets at least one (1) of the locational requirements of Subtitle C §§ 702.1(a), (b), or (c).

Vehicle parking shall not be required:

1. (a)
   For a building containing a single principal dwelling unit or flat within the R or RF zone, if the lot does not have access to an open, improved, and public alley with a right of way of ten feet (10 ft.) width minimum;
2. (b)
   Within the D zones, except:

   1. (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. (2)
      Within the D-5 zone west of 20^th Street N.W., parking shall be required in accordance with Subtitle C §§ 701.5 and 702.1;
3. (c)
   Within the SEFC or USN zones;
4. (d)
   On any property within the CG zones that has frontage on or is located east of South Capitol Street;
5. (e)
   Within the MU-11 zone; or
6. (f)
   For structures erected on Kingman and Heritage Islands, for which the construction of parking spaces shall be prohibited except for handicap spaces.

Any reduction in the required number of parking spaces granted under Subtitle C § 703.2 shall be:

1. (a)
   Proportionate to the reduction in parking demand demonstrated by the applicant;
2. (b)
   Limited to the number of spaces that the applicant demonstrates cannot reasonably be provided on the site as proposed to be developed in the application; and
3. (c)
   Limited to relief from the minimum number of parking spaces required by this section and shall not provide relief from the location, access, size or layout, screening, or other requirements of this chapter.   

Any request for a reduction of more than four (4) spaces from the required number of parking spaces shall include a transportation demand management plan approved by the District Department of Transportation, the implementation of which shall be a condition of the Board of Zoning Adjustment’s approval. 

An addition to an existing building triggers additional parking requirements only when the gross floor area of the building is expanded or enlarged by twenty-five percent (25%) or more beyond the gross floor area on the effective date of this title, or in the case of a new building, the gross floor area used to calculate the initial parking requirement. The additional minimum parking required shall be calculated based upon the entire gross floor area added.

Notwithstanding Subtitle C § 704.1, additions to historic resources shall be required to provide additional parking spaces for an addition only if:

1. (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
2. (b)
   The resulting requirement is at least four (4) parking spaces.

Additional parking spaces shall be required only when the minimum number of parking spaces required for the new use exceeds the number of spaces required for the prior use that occupied the same gross floor area.

When determining the required number of additional required parking spaces, it shall be assumed that the previous use provided at least the minimum number of spaces required.

A historic resource shall not be required to provide additional parking spaces for a change in use without expansion.

If a use operates solely outside of a building or structure, any expansion of that use shall conform to the applicable parking standards.

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.).

The Board of Zoning Adjustment may grant an increase in the maximum size of parking area allowed under Subtitle C § 706.1(a) or in the maximum parking standards of a land use subtitle as a special exception pursuant to Subtitle X, Chapter 9, and subject to the applicant’s demonstration to the Board’s satisfaction that a transportation demand management plan approved by the District Department of Transportation will be implemented. The Board of Zoning Adjustment may impose as a condition of its approval, requirements as to screening, landscaping, setbacks, fences, the location of entrances and exits, or any other requirement it deems necessary to protect adjacent or nearby property. 

For the purposes of this section, the term “excess parking space” is defined as all vehicle parking spaces provided in excess of the minimum parking requirement for that location and use pursuant to Subtitle C § 701, but shall not include either parking spaces to be dedicated to an off-site use in accordance with the provisions of Subtitle C §§ 701.7 and 701.8, or dedicated car-share spaces provided in accordance with the provisions of Subtitle C § 708.

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

1. (a)
   The minimum required number of parking spaces pursuant to Subtitle C § 701.5 for the relevant use(s); or
2. (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.

The provision of excess parking spaces shall require the following transportation demand management features:

1. (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  twice the minimum parking required for that use shall require the following transportation demand management measures:

   1. (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. (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. (3)
      One (1) on-site or publicly accessible electric car charge station for every twenty (20) excess parking spaces;
   4. (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. (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;
2. (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 nineteen (19) bike stalls, and the provision of more than two hundred (200) excess parking spaces shall require the provision of two (2) Capital Bikeshare stations with a minimum of nineteen (19) bike stalls each, or the provision of one (1) Capital Bikeshare station with a minimum of thirty-eight (38) bike stalls. These shall be located on site or at an off-site location within the Ward at a location to be determined by the District Department of Transportation;
3. (c)
   Requirements of this section shall be provided in full prior to the issuance of a certificate of occupancy for the site;
4. (d)
   Any requirement of this section shall be in addition to any other requirements of Subtitle C, Chapters 7 and 8; and
5. (e)
   The Board of Zoning Adjustment may grant full or partial from Subtitle C §§ 707.3(a) and (b) as a special exception pursuant to Subtitle X, Chapter 9, and subject to the applicant’s demonstration to the Board’s satisfaction that:

   1. (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. (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. 

Dedicated car-share parking spaces may be counted toward fulfillment of any minimum parking requirement in any zone other than an R or RF zone.

Up to two (2) dedicated car share spaces provided in accordance with this provision may each count as three (3) required parking spaces for the purposes of calculating the provision of required parking pursuant to Subtitle C § 701.5.

Any car-share space provided pursuant to Subtitle C § 708.2 shall be made available to any car-share organization with a valid business license, for the purpose of providing car-share services for its subscribers, in accordance with the following provisions:

1. (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
2. (b)
   The following information shall be provided to the Zoning Administrator:

   1. (1)
      Written notice of the number and location of car-share spaces that will be available;
   2. (2)
      A D.C. Surveyor’s Plat of the property;
   3. (3)
      A floor plan or site plan of the parking area clearly identifying the required car-share spaces;
   4. (4)
      The square and lot number, address, property owner contact information; and
   5. (5)
      Any other pertinent information as determined by the Zoning Administrator.

Within any R or RF zone, up to two (2) car-share spaces may be provided on the property, subject to the following provisions:

1. (a)
   Any car-share space is provided in addition to any required parking space for the principal dwelling;
2. (b)
   The lot has access to an open and improved alley with a width of ten feet (10 ft.) minimum;
3. (c)
   If one (1) car-share space is to be provided on the property, the property has either:

   1. (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. (2)
      A minimum of fifteen feet (15 ft.) between the parking area and the principal dwelling;
4. (d)
   If two (2) car-share spaces are to be provided on the property, the property has either:

   1. (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. (2)
      A minimum of ten feet (10 ft.) between the parking area and the principal dwelling; and
5. (e)
   The car-share spaces shall be accessible at all times to subscribers who may or may not be residents on the lot.

Gross floor area shall be as defined in Subtitle B, except that for purposes of calculating off-street parking requirements:

1. (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;
2. (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;
3. (c)
   In the R, RF, RA, and MU-11 through MU-14 zones, gross floor area shall include cellar floor area devoted to uses within the Government, Local use;
4. (d)
   In the MU-3, MU-4, MU-7, NMU-3, NMU-4, NMU-7, ARTS-1, ARTS-3, PDR-1, and PDR-4 zones, gross floor area shall include cellar floor area devoted to uses within following use groups:

   1. (1)
      Animal sales, care and boarding;
   2. (2)
      Arts, design and creation;
   3. (3)
      Chancery;
   4. (4)
      Eating and drinking establishments;
   5. (5)
      Firearm sales;
   6. (6)
      Medical care;
   7. (7)
      Office;
   8. (8)
      Retail; and
   9. (9)
      Service, general and financial; and
5. (e)
   In the PDR-2 and PDR-3 zones, gross floor area shall include the cellar floor area devoted to uses within the Office and Chancery use groups.

When an initial amount of floor area or number of dwelling units is exempted, that amount or number is subtracted from the total before the minimum parking requirement is calculated.

Calculations of parking spaces that result in a fractional number of one-half (0.5) or more shall be rounded up to the next whole number. Any fractional result of less than one-half (0.5) shall be rounded down to the previous whole number.

The number of teachers or employees shall be computed on the basis of the greatest number of persons to be employed at any one period during the day or night, including persons having both full-time and part-time employment.

The intent of this section is to prevent negative impacts on neighboring property from excessive parking, minimize vehicle-pedestrian conflicts, respect the pedestrian environment, foster good urban design, and provide space for active uses to line parking structures.

Vehicle parking spaces shall be located:

1. (a)
   Parking spaces and access to parking spaces in a waterfront setback required pursuant to Subtitle C § 1102 shall comply with the requirements of that section in addition to the other requirements of this subsection;
2. (b)
   Within or below a building or structure; except in any zone other than a R, RF, or Subtitle K special purpose zone, parking spaces provided within a structure shall be located at least twenty feet (20 ft.) from all lot lines that abut a public  street or a waterfront setback required pursuant to Subtitle C § 1102, unless the surface of the parking spaces is at least ten feet (10 ft.) below grade, at all points along the building frontage; and
3. (c)
   On an open area of the lot, except:

   1. (1)
      Between a building restriction line and a front lot line;
   2. (2)
      In any zone other than a PDR zone, surface parking spaces shall not be located between the front façade of a building, as extended for the full width of the front of the lot, and the front lot line; provided that a building used solely as a parking attendant shelter shall not trigger this restriction;
   3. (3)
      In a waterfront setback required pursuant to Subtitle C § 1102 or in the MU-11 through MU-14 zones, surface parking spaces shall be permitted only as a special exception pursuant to Subtitle X, Chapter 9, and meeting the application conditions of Subtitle C § 1102.5; or 
   4. (4)
      Within all R and RF zones, any surface parking lot for more than ten (10) parking spaces shall be located a minimum of six feet (6 ft.) from any property line, with the space between the surface parking lot and the property line providing landscaping and screening consistent with Subtitle C §§ 714 and 715.

The Board of Zoning Adjustment may grant full or partial relief from the requirements of this section to locate surface parking spaces anywhere on the lot upon which the building or structure is located if approved as a special exception pursuant to Subtitle X, Chapter 9, and subject to: 

1. (a)
   The applicant’s demonstration to the Board’s satisfaction that:

   1. (1)
      It is not practical to locate the spaces in accordance with Subtitle C § 710.2 for the following reasons:

      1. (A)
         Unusual topography, grades, shape, size, or dimensions of the lot;
      2. (B)
         The lack of an alley or the lack of appropriate ingress or egress through existing or proposed alleys or streets;
      3. (C)
         Traffic hazards caused by unusual street grades; or
      4. (D)
         The location of required parking spaces elsewhere on the same lot or on another lot would result in more efficient use of land, better design or landscaping, safer ingress or egress, and less adverse impact on neighboring properties; and
   2. (2)
      The accessory parking spaces shall be located so as to furnish reasonable and convenient parking facilities for the occupants or guests of the building or structures that they are designed to serve; and
   3. (3)
      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.

Approval of a driveway under this title does not constitute permission for a curb cut in public space. An applicant for a driveway with a curb cut in public space shall have the responsibility to obtain all other necessary approvals from the District Department of Transportation.

All required parking spaces, driveways, and entrances that provide access to parking areas, shall conform to the requirements of this section.

All required parking spaces, other than as permitted in Subtitle C § 711.4, shall be accessible at all times from a driveway accessing either:

1. (a)
   An improved street, except as restricted in Subtitle C § 711.9; or
2. (b)
   An improved alley or alley system with a minimum width of ten feet (10 ft.).

An automated parking garage shall meet the requirements of Subtitle C § 711.3, although individual parking spaces provided as part of the automated parking garage do not.

Except as provided in Subtitle C § 711.11, within twenty feet (20 ft.) of all street lot lines, a driveway shall be at least eight feet (8 ft.) wide and not more than ten feet (10 ft.) wide if it:

1. (a)
   Provides access to parking spaces serving a single dwelling unit or flat;
2. (b)
   Provides access to no more than two (2) parking spaces for any use; or
3. (c)
   Provides shared access across public or private property to no more than three (3) single dwelling units or flats.

Except as provided in Subtitle C § 711.11, within twenty feet (20 ft.) of all street lot lines, a driveway other than as described in Subtitle C § 711.5 shall be:

1. (a)
   At least twelve feet (12 ft.) wide for one-way traffic or eighteen feet (18 ft.) wide for two-way traffic; and
2. (b)
   Not more than twenty-four feet (24 ft.) wide. 

Except for Alley Lots or as provided in Subtitle C § 711.11, when parking spaces are provided within a building or structure, all vehicular entrances or exits shall be a minimum height of ten feet (10 ft.) and shall be setback at least twelve feet (12 ft.) from the center line of any adjacent alley. 

A driveway that provides access to required parking spaces shall have a maximum grade of twelve percent (12%) with a vertical transition at the property line.

Driveways to required parking spaces for groups of three (3) or more row dwellings that are constructed concurrently on adjacent lots shall be governed by the following provisions:

1. (a)
   Access to vehicle parking from a public or private street to individual rowhouses shall not be permitted; and
2. (b)
   For vehicle parking provided on a separate lot in accordance with Subtitle C § 701.8, the Board of Zoning Adjustment may allow a single driveway access from a public or private street as a special exception pursuant to Subtitle X, Chapter 9 and subject to:

   1. (1)
      The applicant’s demonstration to the Board’s satisfaction that:

      1. (A)
         There is no alternative access to on-site parking spaces through open and improved existing or proposed alleys; and
      2. (B)
         The proposed parking access does not impose traffic hazards or any adverse impact on the surrounding neighborhood; and
   2. (2)
      The Board of Zoning Adjustment may impose conditions as to the location of the parking access, screening, or any other requirement it deems necessary to ensure safety and to protect adjacent or nearby property. 

Required parking spaces for a motor vehicle-related use category may be arranged so that all spaces are not accessible at all times. All parking spaces provided under this subsection shall be designed and operated so that sufficient access and maneuvering space is available to permit the parking and removal of any vehicle without moving any other vehicle onto public space.

The Board of Zoning Adjustment may grant full or partial relief from the requirements of Subtitle C §§ 711.5 through 711.7 as a special exception under Subtitle X, Chapter 9, and subject to the following:

1. (a)
   The Office of Zoning shall refer any request under this subsection to the Office of Planning and the District Department of Transportation for review and comment, which shall include an evaluation of the applicant’s satisfaction of the requirements of paragraph (b) of this subsection; and
2. (b)
   The applicant shall demonstrate to the Board’s satisfaction:

   1. (1)
      A reasonable difficulty in providing the full-sized driveway width or alley centerline setback; and 
   2. (2)
      Vehicle movement and turning diagrams demonstrating that the proposed relief would allow safe: 

      1. (A)
         Access for vehicles of average dimensions to and from the parking spaces for which the driveway or alley centerline setback provides access; and 
      2. (B)
         Use of the street or alley by pedestrians and vehicles. 

All parking spaces and parking aisles, whether required or not required, shall conform to the dimensional requirements of this section, except as provided in Subtitle C §§ 712.2 and 717.

An automated parking garage is exempt from the requirements of this section.

Parking spaces provided on the same lot as a historic resource shall meet the minimum dimensional requirements of Subtitle C § 712.6.

The minimum dimensions for full-sized parking spaces and aisles are as follows:

The minimum dimensions for spaces and aisles exclusively for compact parking spaces are as follows:

All parking spaces and access ways to and from spaces shall have a minimum vertical clearance of six feet, six inches (6 ft., 6 in.).

Above grade parking areas shall be designed so that no vehicle shall project over any lot line, front setback line, or building restriction line.

All individual compact parking spaces shall be clearly labelled as such on all plans and at the sit.

All parking areas, including access aisles, driveways, and ramp areas, shall be surfaced and maintained with an all-weather surface. In addition to traditional impervious surfaces, allowable all-weather surfaces include porous (or pervious) concrete, porous asphalt, and mechanically reinforced grass. Gravel and grass that is not mechanically reinforced are not allowed as surface materials required under this subsection.

All parking spaces shall be clearly striped according to the dimensions specified in Subtitle C § 712. Durable all-weather materials shall be used for striping. Striping shall be maintained for as long as the parking spaces are in use.

A parking lot serving a use in the retail or eating and drinking establishment use category shall provide at least one (1) litter receptacle within the parking area.

Screening shall be required for any external surface parking spaces except:

1. (a)
   On a property located in a PDR zone that does not abut property that is not within a PDR zone; or
2. (b)
   On a property devoted to residential uses with a maximum of two (2) dwelling units.

Screening of external surface parking shall be provided in accordance with the following provisions:

1. (a)
   Screening shall be provided around the entire perimeter of the surface parking area;
2. (b)
   All parking spaces that abut public space, such as sidewalks, streets, or alleys, shall have physical structures, such as wheel bumper guards, curbs, and/or guard rails, installed to separate and protect the abutting public space from vehicular encroachment, except if the abutting public space is the access point or driveway to the parking space;
3. (c)
   Except as required by paragraph (b) of this section, gaps in the screening are allowed only to provide driveways and pedestrian exits or entrances that open directly onto a street, sidewalk or alley. No individual gap may exceed twenty feet (20 ft.) in width; and
4. (d)
   Except as required by paragraph (b) of this section, the screening shall be either:

   1. (1)
      A wall or solid fence at least forty-two (42) inches high; or
   2. (2)
      Evergreen hedges or evergreen growing trees that:

      1. (A)
         Are thickly planted and maintained;
      2. (B)
         Are at least forty-two (42) inches in height when planted; and
      3. (C)
         Shall be maintained in perpetuity as required by this subsection.

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:

1. (a)
   Impacts on the pedestrian environment within adjacent streets, sidewalks, and other public areas;
2. (b)
   Existing vegetation, buildings or protective and screening walls located on adjacent property;
3. (c)
   Existing topographic conditions;
4. (d)
   Traffic conditions; and
5. (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.

Notwithstanding the requirements of Subtitle C § 714.2, screening for a public school’s external surface parking shall be provided in accordance with the following provisions:

1. (a)
   Screening shall be provided around the entire perimeter of the surface parking area, except no screening is required to be provided for driveways and pedestrian exits or entrances that open directly onto a street, sidewalk, or alley; and
2. (b)
   The screening shall be either:

   1. (1)
      A solid or non-solid fence or wall at least forty-two (42) inches high; or
   2. (2)
      Evergreen shrubs or trees that are planted between four feet (4 ft.) to six feet (6 ft.) on center, and that are at least forty-two (42) inches in height when planted and maintained in perpetuity.

Surface parking lots with ten (10) or more parking spaces shall conform to the landscaping, tree canopy cover, and lighting requirements of this section:

A minimum of ten percent (10%) of the total area devoted to parking, including aisles and driveways shall be covered by landscaped areas planted with trees and shrubs.

The landscaping shall be maintained in a healthy, growing condition. Dead or dying plant material shall be replaced.

The landscaping shall be designed and maintained to accept storm water runoff from the surrounding parking area.

All end islands of parking rows longer than nine (9) parking spaces, and all areas otherwise not used for ingress and egress, aisles, and parking spaces shall be landscaped.

The following shall not count towards the landscape area requirements of this section:

1. (a)
   Landscape areas of less than one (1) foot in any horizontal dimension;
2. (b)
   Landscaping around the perimeter of the parking area greater than a distance of six feet (6 ft.) from the parking pavement area;
3. (c)
   Moveable planters;
4. (d)
   Any landscape area with a soil depth of less than one (1) foot; or
5. (e)
   Permeable surface area used for parking or access to parking, or otherwise incapable of being landscaped.

The parking area shall be provided with the equivalent of one (1) canopy tree per five (5) parking spaces subject to the following requirements:

1. (a)
   Trees of the species listed in the District Department of Transportation Green Infrastructure Standards shall be planted with the following conditions:

   1. (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. (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. (3)
      The Zoning Administrator may accept any written communication from the UFA as approval of a tree species;
2. (b)
   Trees shall be planted in areas that are included in the landscaped areas required by Subtitle C §§ 715.4 and 715.5; and
3. (c)
   New trees, or existing trees that are retained, shall count toward the tree requirement based on the following:

   1. (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. (2)
      All newly planted trees shall have a minimum diameter of two and one-half inches (2.5 in.) in diameter;
   3. (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. (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
   5. (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.

Any lighting used to illuminate a parking area or its accessory buildings shall be arranged so that all direct light rays are confined to the surface of the parking area.

The Board of Zoning Adjustment may grant, as a special exception, a full or partial reduction in the landscape standards for parking lots required by this section if, in addition to meeting the general requirements of Subtitle X, the applicant demonstrates that complying with the landscape standards is impractical because of size of lot, or other conditions relating to the lot or surrounding area that would tend to make full compliance unduly restrictive, prohibitively costly, or unreasonable.

A driveway serving as a motor vehicle queuing lane shall conform to the standards in this section.

The queuing lane shall provide a minimum of five (5) queuing spaces before the first service location and one (1) queuing space after the last service location before entering public space.

No queuing space may be located within twenty feet (20 ft.) of any street lot line.

Each queuing space shall be a minimum of ten feet (10 ft.) in width by nineteen feet (19 ft.) in length and shall constitute an exclusive queuing lane.

The queuing lane shall not be the only entry or exit lane on the premises.

Any lighting used to illuminate the queuing lane shall be so arranged that all direct light rays are confined to the surface of the queuing lane.

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:

1. (a)
   The parking area is a minimum of twenty-thousand square feet (20,000 sq. ft.);
2. (b)
   A minimum of two hundred eighty-five square feet (285 sq. ft.) of parking area will be provided for each parking space;
3. (c)
   Residential uses will occupy no more than twenty percent (20%) of the gross floor area of the building or structure;
4. (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
5. (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.

The request for a waiver under Subtitle C § 717.1 must be accompanied by:

1. (a)
   A written parking plan submitted to the Zoning Administrator that demonstrates how parking shall be provided if attendant parking is discontinued; and
2. (b)
   A certification by the building owner that the parking will be operated in conformance with Subtitle C § 717.3.

Parking granted a waiver pursuant to Subtitle C § 717.1 shall be operated in conformance with the following conditions:

1. (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;
2. (b)
   The sign shall have a white background, with black lettering that is at least two inches (2 in.) in height;
3. (c)
   All parking areas and spaces provided under this subsection shall be designed and operated so that sufficient access and maneuvering space is available to permit the parking and removal of any vehicle without moving any other vehicle onto public space;
4. (d)
   Where aisles are provided, they shall meet the design requirements stipulated in Subtitle C § 712; and
5. (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.

A temporary surface parking lot for the Ballpark shall be permitted on Squares 603, 605, 657, 658, 660, 661, 662, 662E, 664, 664E, 665, 700, 701, 707, 708, 708E, 708S, 744S, and 882; Square 658, Lot 7; Square 767, Lots 44-47; Square 768, Lots 19-22; and Square 769, Lots 18-21 (“the subject squares”), when permitted by the regulations of the relevant land use subtitle, and subject to the provisions of this section.

The cumulative total of all temporary surface parking spaces for which a valid building permit has been issued pursuant to this section shall not exceed three thousand seven hundred seventy-five (3,775) parking spaces, except as provided in Subtitle C § 718.7.

Any certificate of occupancy issued pursuant to this subsection shall expire no later than April 1, 2018, except that, with respect to Square 767, Lots 44-47; Square 768, Lots 19-22; and Square 882, Lot 77, any certificate of occupancy issued pursuant to this subsection shall expire no later than April 1, 2023.

The application for a building permit for matter-of-right construction shall include a detailed accounting demonstrating that the circumstances described in Subtitle C § 718.7 do not apply.

No certificates of occupancy for this use shall be issued until the District Department of Transportation has approved a traffic routing plan for the lot, which shall include the impact of other proposed lots if required by District Department of Transportation.

The traffic routing plan described in Subtitle C § 718.5 shall not direct traffic through I Street, S.W., P Street, S.W., or 4^th Street, S.W.

If and when valid building permits issued pursuant to this section authorize an aggregate of three thousand seven hundred seventy-five (3,775) or more parking spaces, the construction and use of additional temporary spaces on any of the subject squares shall require special exception approval of the Board of Zoning Adjustment pursuant to Subtitle X, and in accordance with Subtitle §§ 718.8 through 718.10 and the following provisions:

1. (a)
   Any certificate of occupancy issued pursuant to this subsection shall expire no later than April 1, 2018, except that, with respect to Square 767, Lots 44-47; Square 768, Lots 19-22; and Square 882, Lot 77, any certificate of occupancy issued pursuant to this subsection shall expire no later than April 1, 2023; and
2. (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.

Any parking lot authorized by this section shall be available for exclusive use of attendees at any baseball game or other public event held at the Ballpark for a period extending from one and a half (1.5) hours prior to the scheduled start of the event, to three (3) hours after the event. At all other times, the parking lot may be used for:

1. (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
2. (b)
   A seasonal or occasional market for produce, arts or crafts with non-permanent structures.

No use, other than permitted in this section shall be conducted from or upon the premises, and no structure other than an attendant's shelter shall be erected or used upon the premises unless the use or structure is otherwise permitted in the zone in which the parking lot is located.

A temporary surface parking lot provided in accordance with this section shall comply with provisions of Subtitle C §§ 711 through 715 and the following standards:

1. (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
2. (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.

Any building permit application for new construction or addition to an existing building shall be accompanied by a bicycle parking plan, which shall be depicted on detailed site plans and building plans and demonstrate full compliance with this chapter.

The Zoning Administrator may at his or her discretion, request that District Department of Transportation review and make a recommendation regarding any item on the bicycle parking plan prior to approving the building permit application.

No certificate of occupancy shall be issued unless the bicycle parking spaces have been constructed in accordance with the approved bicycle parking plan.

When bicycle parking spaces are required, signs shall be posted in a prominent place at each entrance to the building or structure stating where bicycle parking spaces are located.

A property owner shall provide and maintain all required bicycle parking spaces so long as the structure that the bicycle parking spaces are designed to serve exists. Maintenance of required bicycle parking spaces shall include keeping all racks and spaces clear of snow, ice, and any other obstructions.

Where required bicycle parking is provided as racks, the racks must meet the following standards:

1. (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;
2. (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;
3. (c)
   Racks shall be placed a minimum of thirty inches (30 in.) on center from one another; twenty-four inches (24 in.) from any other obstructions; with a forty-eight inch (48 in.) minimum aisle separating racks; and provide a minimum clearance width of twelve inches (12 in.) for each bicycle; and
4. (d)
   The rack shall be securely anchored.

Each required bicycle parking space shall be accessible without moving another bicycle.

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:

After the first fifty (50) bicycle parking spaces are provided for a use, additional spaces are required at one-half (0.5) the ratio specified in Subtitle C § 802.1

Notwithstanding Subtitle C §§ 802.1 and 802.2, no property shall be required to provide more than one hundred (100) short-term bicycle parking spaces. All properties with a long-term bicycle parking requirement shall provide at least two (2) long-term spaces, and all properties with a short-term requirement shall provide at least two (2) short-term spaces. The bicycle parking standards of this chapter shall be met when a new building is constructed.

When a property changes use categories or adds a use category, the property shall add any bicycle parking spaces necessary to meet the requirements for the new use. However, historic resources shall not be required to provide additional bicycle parking spaces for a change in use when the gross floor area of the building is not expanded.

An addition to an existing building, or the expansion of a use within a building, triggers additional bicycle parking requirements only when the gross floor area of the building or use is expanded or enlarged by twenty-five percent (25%) or more beyond the gross floor area on the effective date of this title, or in the case of a new building, the gross floor area used to calculate the initial parking requirement. The additional minimum parking required shall be calculated based upon the entire gross floor area added.

Additions to historic resources shall be required to provide additional bicycle parking spaces only for the addition’s gross floor area and only when the addition results in at least a fifty percent (50%) increase in gross floor area beyond the gross floor area existing on the effective date of this title.

Special exception relief from additional bicycle parking requirements for historic resources is provided for in Subtitle C § 807.

If a use operates solely outside of a building, any expansion of that use shall conform to the applicable bicycle parking standards.

Uses governed by a campus plan are subject to the bicycle parking requirements approved by the Zoning Commission and are not subject to the bicycle parking requirements otherwise applicable.

When there is more than one (1) use on a lot, the number of bicycle parking spaces provided must equal the total required for all uses. If a single use falls into more than one (1) use category for which different bicycle parking minimums apply, the standard that requires the greater number of bicycle parking spaces shall apply.

All bicycle parking standards shall be calculated on the basis of gross floor area, except for residential uses, which base bicycle parking standards on the number of dwelling units.

For purposes of calculating bicycle parking standards:

1. (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
2. (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.

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. 

Required short-term bicycle parking spaces shall be located either on the same lot as the use they are intended to serve or on public space within twenty feet (20 ft.) of the lot. A use providing short-term bicycle parking on adjacent public space must obtain approval of a public space application under Title 24 DCMR.

Required short-term bicycle parking spaces shall be located within one-hundred and twenty feet (120 ft.) of a primary entrance to the building they serve.

Areas devoted to short-term bicycle parking on private property shall be surfaced and maintained with an all-weather surface conforming to the requirements of Subtitle C § 713.1.

Required short-term bicycle parking spaces shall be provided as bicycle racks that meet the standards of Subtitle C § 801.3.

An aisle at least four feet (4 ft.) wide between rows of bicycle parking spaces and the perimeter of the area devoted to bicycle parking shall be provided. Aisles shall be kept clear of obstructions at all times. Where the bicycle parking is on or adjacent to a sidewalk, the aisle may extend into the right-of-way.

Required short-term bicycle parking spaces shall be provided in a convenient, well-lit location that can be viewed from the building the spaces are intended to serve. Required short-term bicycle parking spaces shall be available for shoppers, customers, commuters, messengers, and all other visitors to the site. 

Except for Subtitle C § 805.11, all required long-term bicycle parking spaces shall be located within the building of the use requiring them.

Required long-term bicycle parking spaces shall be located no lower than the first cellar level or the first complete parking level below grade, and no higher than the first above-grade level. Spaces shall be available to employees, residents, and other building occupants.

Required long-term bicycle parking shall be provided as racks or lockers. Bicycle racks for required long-term parking shall be provided in a parking garage or a bicycle storage room.

Where required long-term bicycle parking is provided in a garage, it shall be clearly marked and be separated from adjacent motor vehicle parking spaces by wheel stops or other physical automobile barrier.

Where required long-term bicycle parking is provided in a bicycle room, the room shall have either solid walls or floor-to-ceiling fencing. The room shall have locked doors.

For any bicycle room with solid walls, the entirety of the interior of the bicycle room shall be visible from the entry door. A motion-activated security light enclosed in a tamper-proof housing shall be provided in each bicycle room.

Where required long-term bicycle parking is provided in lockers, the lockers shall be securely anchored and meet the following minimum dimensions:

1. (a)
   Twenty-four inches (24 in.) in width at the door end;
2. (b)
   Eight inches (8 in.) in width at the opposite end;
3. (c)
   Seventy-two inches (72 in.) in length; and
4. (d)
   Forty-eight inches (48 in.) in height.

Each required long-term bicycle parking space shall be directly accessible by means of an aisle of a minimum width of four feet (4 ft.) and have a minimum vertical clearance of seventy-five inches (75 in.). Aisles shall be kept clear of obstructions at all times.

A minimum of fifty percent (50%) of the required long-term bicycle parking spaces shall allow the bicycles to be placed horizontally on the floor or ground. Vertical bicycle racks shall support the bicycle without the bicycle being suspended.

Each required long-term bicycle parking space shall be a minimum width of twenty-four inches (24 in.), and shall be:

1. (a)
   A minimum of seventy-two inches (72 in.) in length if the bicycles are to be placed horizontally; or
2. (b)
   A minimum of forty inches (40 in.) in length if the bicycles are to be placed vertically. 

Public schools may locate some or all required long-term bicycle parking spaces outside the school building generating the requirement subject to the following conditions:

1. (a)
   Required long-term bicycle parking spaces shall be located on the public school property on which the school building is located and shall be available to all occupants of the building;
2. (b)
   Required long-term bicycle spaces shall be located in one or more dedicated bicycle parking areas within one-hundred and twenty feet (120 ft.) of a primary entrance to the school building;
3. (c)
   Required long-term bicycle spaces shall be provided either as bicycle racks that meet the standards of Subtitle C §§ 801.3 and 801.4, or as bicycle lockers that meet the standards of Subtitle C § 805.7; and
4. (d)
   An aisle at least four feet (4 ft.) wide between rows of bicycle parking spaces and the perimeter of the area devoted to bicycle parking shall be provided. Aisles shall be kept clear of obstructions at all times.

The intent of this section is to ensure that long-term bicycle parking spaces are usable by the long-term occupants, especially employees, of non-residential uses.

The requirements of this section shall apply to:

1. (a)
   Newly constructed buildings; and
2. (b)
   Buildings that expand in gross floor area by more than twenty-five percent (25%).

Notwithstanding the requirements of Subtitle C §§ 806.4 through 806.6, public elementary schools shall provide a minimum of two (2) showers and two (2) clothing lockers for staff and shall not be required to provide shower and changing facilities for students.

A non-residential use that requires long-term bicycle parking spaces and that occupies more than twenty-five thousand square feet (25,000 sq. ft.) in gross floor area shall provide a minimum of two (2) showers. An additional two (2) showers shall be installed for every fifty thousand square feet (50,000 sq. ft.) of gross floor area above the first twenty-five thousand square feet (25,000 sq. ft.), up to a maximum requirement of six (6) showers.

A non-residential use that requires long-term bicycle parking spaces and that occupies more than twenty-five thousand square feet (25,000 sq. ft.) in gross floor area shall provide a minimum number of clothing lockers equal to six-tenths (0.6) times the minimum number of required long-term bicycle parking spaces. Each locker required by this subsection shall be a minimum of twelve inches (12 in.) wide, eighteen inches (18 in.) deep, and thirty-six inches (36 in.) high.

Showers and lockers required by this section shall be accessible to employees and other long-term occupants of the use requiring them. Showers and lockers shall be located within the same building as the use requiring them.

This section provides flexibility from the requirements of this chapter when providing the number of bicycle parking spaces or showers and changing facilities required would be:

1. (a)
   Impractical due to the shape or configuration of the site; 
2. (b)
   Unnecessary due to a lack of demand for bicycle parking; or
3. (c)
   Contrary to other District regulations. 

The Board of Zoning Adjustment may grant full or partial relief from the minimum number or dimensions of long-term or short-term bicycle parking spaces required for a use or structure by this section, as a special exception under Subtitle X, Chapter 9¸ and subject to the limitations of Subtitle C § 807.3, and the applicant’s demonstration to the Board’s satisfaction of any of the following:

1. (a)
   Due to the physical constraints of the property, the required bicycle parking spaces cannot be provided in compliance with the requirements of this section on the lot or, in the case of short-term bicycle parking spaces, on abutting public space;
2. (b)
   The use or structure will generate demand for less bicycle parking than the minimum bicycle parking standards require, as a result of:

   1. (1)
      The nature of the use or structure;
   2. (2)
      Land use or topographical characteristics of the neighborhood that minimize the need for required bicycle parking spaces; or
   3. (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
3. (c)
   The nature or location of the Historic Resource precludes the provision of bicycle parking spaces in compliance with the requirements of this section; or providing the required bicycle parking in compliance with the requirements of this section would result in significant architectural or structural difficulty in maintaining the integrity and appearance of the Historic Resource. 

Relief granted under Subtitle C § 807.2 from the number and dimensional bicycle parking requirements of this section shall be:

1. (a)
   Proportionate to the reduction in bicycle parking demand demonstrated by the applicant; and
2. (b)
   Limited to the amount of relief from the requirements that the applicant demonstrates is necessary and cannot reasonably be provided on the site as proposed to be developed in the application. 

The Board of Zoning Adjustment may grant full or partial relief from the requirements for showers and changing facilities in Subtitle C §§ 806.3, 806.4, and 806.5 pursuant to Subtitle X, Chapter 9, and subject to the applicant's demonstration to the Board's satisfaction that:

1. (a)
   The intent of Subtitle C § 806 is met; and
2. (b)
   Either:

   1. (1)
      The use will not generate the demand for the full number of showers and changing facilities required; or
   2. (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. 

Any building permit application for new construction or addition to an existing building shall be accompanied by a detailed loading plan demonstrating full compliance with this chapter.

The Zoning Administrator may, at his or her discretion, request that the District Department of Transportation review and make a recommendation regarding any item on the loading plan prior to approving the building permit application.

No certificate of occupancy shall be issued unless the loading facilities have been constructed in accordance with the approved loading plans.

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: