500 Source Note
SOURCE: Final Rulemaking & Order No. 08-06A published at 63 DCR 2447 (March 4, 2016 – Part 2); Final Rulemaking & Order No. 19-11 published at 67 DCR 3776 (April 3, 2020); Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR (August 25, 2023). Chapter 52 Source Note
SOURCE: Final Rulemaking & Order No. 08-06A published at 63 DCR 2447 (March 4, 2016 – Part 2); Final Rulemaking & Order No. 19-14 published at 67 DCR 8068 (July 3, 2020); Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR (August 25, 2023). 100.1
100.1
Subtitle E is to be read and applied in addition to the regulations included in:
(a)
Subtitle A, Authority and Applicability;
(b)
Subtitle B, Definitions, Rules of Measurement, and
Use Categories;
(c)
Subtitle C, General Rules; and
(d)
Subtitle U, Use Permissions.
100.2
100.2
Geographically modified zones are indicated by letters following the base zone name such as RF-1/DC or RF-1/CAP. 100.3
100.3
For those geographically modified
zones, the
zone boundaries are described in Subtitle W, Specific
Zone Boundaries, and identified on the official Zoning Map.
100.5
100.5
For those
zones with geographic identification, the boundaries are cited in Subtitle W and identified on the official Zoning Map. When there is a conflict between the official Zoning Map and the boundaries described in Subtitle W, the Office of Zoning shall determine the correct boundaries through a zoning certification.
101.2
101.2
The RF zones are intended to:
(a)
Recognize and reinforce the importance of neighborhood character, walkable neighborhoods, housing affordability, aging in place, preservation of housing stock, improvements to the overall environment, and low- and moderate-density housing to the overall housing mix and health of the city;
(b)
Allow for limited compatible non-residential uses;
(c)
Allow for the matter-of-right development of existing lots of record; (d)
Establish minimum
lot area and
lot width for the subdivision and creation of new
lots of record in RF
zones;
(e)
(f)
101.3
101.3
The RF
zones are designed to be mapped in areas identified as low-, moderate- or medium-density
residential areas suitable for
residential life and supporting uses.
101.5
101.5
The RF-4 and RF-5
zones are typically, but not exclusively, established
residential neighborhoods adjacent or proximate to higher density
zones including
residential, mixed-use, and downtown areas.
102.1
102.1
Use permissions for the RF
zones are as specified in Subtitle U, Chapter 3.
200.1
200.1
The development standards of this chapter shall apply to all
Residential Flat (RF)
zones except as changed by a geographically modified
zone.
200.2
200.2
The development standards regulate the bulk of
buildings and other
structures and the spaces around them, including the following:
(a)
(b)
(c)
(d)
Environmental performance.
200.4
200.4
The Inclusionary Zoning (IZ) requirements and the available IZ modifications to certain development standards shall apply to all RF
zones, as specified in Subtitle C, Chapter 10, Inclusionary Zoning, and in the zone-specific development standards of this subtitle.
201.8
201.8
The maximum permitted floor area ratio (FAR) shall be as set forth in the following table:
TABLE E § 201.8: MAXIMUM PERMITTED FLOOR AREA RATIO |
Zones | Type of Structure | Maximum FAR |
RF-1 | Public Recreation and Community Center | 1.8 |
All Other Structures | Not applicable |
RF-4 RF-5 | Public Library | 2.0 |
All Other Structures | 1.8 |
202.1
202.1
Except as provided elsewhere in this title, the minimum required lot width and lot area for the creation of a new lot of record shall be as set forth in the following table:
TABLE E § 202.1: MINIMUM LOT WIDTH AND LOT AREA |
Zones | Type of Structure | Minimum Lot Width (ft.) | Minimum Lot Area (sq. ft.) |
RF | Row | 18 | 1,800 |
Semi-detached | 30 | 3,000 |
All Other Structures | 40 | 4,000 |
202.2
202.2
Except as provided in Subtitle E § 202.3, the minimum dimensions of
lots for Mandatory
Inclusionary Developments in the RF
zones shall be as set forth in the following table, which incorporates the IZ modifications authorized by Subtitle C § 1002.2:
| TABLE E § 202.2: MINIMUM LOT WIDTH AND LOT AREA FOR MANDATORY INCLUSIONARY DEVELOPMENTS |
Zones | Type of Structure | Minimum Lot Width (ft.) | Minimum Lot Area (sq. ft.) |
RF | All Structures | 18 | 1,500 |
202.4
202.4
| TABLE E § 202.4: MINIMUM LOT WIDTH AND LOT AREA FOR VOLUNTARY INCLUSIONARY DEVELOPMENTS |
Zones | Type of Structure | Minimum Lot Width (ft.) | Minimum Lot Area (sq. ft.) |
RF | All Structures | 16 | 1,500 |
203.2
203.2
The maximum permitted
height of buildings or
structures and number of
stories, except as provided in Subtitle E §§ 203.3 through 203.8, shall be as set forth in the following table:
| TABLE E § 203.2: MAXIMUM HEIGHT AND NUMBER OF STORIES |
Zones | Type of Structure | Maximum Height, Not Including Penthouse or Rooftop Structure (ft.) | Maximum Number of Stories |
RF-1 | All Structures | 35 | 3 |
RF-4 | All Structures | 40 | 3 |
RF-5 | Detached Semi-detached | 40 | 3 |
Row | 50 | 4 |
203.3
203.3
In any of the RF-1
zones, new construction of three (3) or more immediately adjoining
residential row buildings, built concurrently on separate record
lots, may be erected to a height not exceeding forty feet (40 ft.) and three (3)
stories.
203.8
203.8
An institutional
building or
structure may be erected to a height not exceeding ninety feet (90 ft.) with no limit on number of
stories, not including a
penthouse or
rooftop structure; provided, that the
building or
structure shall be removed from all
lot lines of its
lot a distance of not less than one foot (1 ft.) for each one foot (1 ft.) of height in excess of that authorized in the
zone in which it is located.
204.1
204.1
Except for properties subject to review by the Historic Preservation Review
Board or their designee, or the U.S.
Commission of Fine Arts, a roof top architectural element original to a
principal building such as cornices, porch roofs, a turret, tower, or dormers, shall not be removed or significantly altered, including shifting its location, changing its shape, or increasing its height, elevation, or size; provided that:
(a)
For interior lots, not including through lots, the roof top architectural elements shall not include identified roof top architectural elements facing the structure’s rear lot line; and (b)
For all other lots, the roof top architectural elements shall include identified roof top architectural elements on all sides of the structure.
204.2
204.2
For the purposes of Subtitle E § 204.1, ordinary repairs to a roof top architectural element shall be permitted. Ordinary repairs may include the replacement of an original roof top architectural element when the Zoning Administrator has determined, based on photographs provided by the owner and other evidence acceptable to the Zoning Administrator, that:(a)
The original roof top architectural element is substantially eroded or damaged due to no overt actions of the owner or affiliates, and
(b)
The replacement will be visually indistinguishable from the original in style, dimensions, profile, and appearance when viewed from a public right of way.
204.3
204.3
Any new
building, or alteration or addition to an existing
building, including a
penthouse or
rooftop structure (the “proposed construction”) at the time of application, shall not significantly interfere with the operation of a solar energy system on an abutting property, unless agreed to by the owner of the solar energy system, subject to the following:
(a)
“Time of application” shall mean the earlier of either:(1)
The Department of
Buildings officially accepts as complete the application for the
building permit for the proposed construction; or
(2)
The
Office of Zoning officially accepts as complete an application for zoning relief for the proposed construction;
(b)
“Solar energy system” shall mean a solar energy system of at least 2kW in size that, at the time of application, is either:(1)
Legally permitted, installed, and operating; or
(2)
Authorized by an issued permit; provided that the permitted solar energy system is operative within six (6) months after the issuance of the solar energy system permit, not including grid interconnection delays caused solely by a utility company connecting to the solar energy system;
(c)
“Significantly interfere” shall mean that the proposed construction increases the shading incident on the solar energy system by more than five percent (5%), as determined by a comparative solar shading study acceptable to the
Zoning Administrator; and
(d)
All applications for the proposed construction, whether for a
building permit or for zoning relief, must include one of the following:
(1)
An affidavit by the applicant stating that there is no solar energy system on an abutting property;
(2)
A comparative solar shading study that meets the minimum standard established by the
Zoning Administrator for the purpose of determining the increased annual incident solar shading by percent; or
(3)
A written agreement executed by the owner of the impacted solar energy system accepting the interference with the solar energy system.
204.4
204.4
The
Board of Zoning Adjustment may grant relief from the requirements of Subtitle E § 204.1 as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following conditions:
(a)
The proposed construction shall not have a substantially adverse effect on the
use or enjoyment of any abutting or adjacent dwelling or property, in particular:
(1)
The light and air available to neighboring properties shall not be unduly affected;
(2)
The privacy of use and enjoyment of neighboring properties shall not be unduly compromised; and (3)
The proposed construction, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale, and pattern of houses along the street or alley frontage;
(b)
In demonstrating compliance with paragraph (a), the applicant shall
use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the proposed construction to adjacent
buildings and views from public ways; and
(c)
The Board of Zoning Adjustment may require special treatment in the way of design, screening, exterior or interior lighting, building materials, or other features for the protection of adjacent or nearby properties, or to maintain the general character of a block.
204.5
204.5
The
Board of Zoning Adjustment may grant relief from the requirements of Subtitle E § 204.3 as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following conditions:
(a)
The application demonstrates the applicant has made its best efforts to minimize and mitigate the potential shading impact to solar energy systems on abutting properties to the extent reasonably practical, including possible design alternatives to the application’s proposed construction and potential solar access easements;
(b)
The application shall include illustrations of the shading impact on solar energy systems on abutting properties: (1)
As proposed by the application;
(2)
As allowed as a matter of right; and
(3)
Of possible design alternatives considered by the applicant; and
(c)
The Board may require special treatment and impose reasonable conditions as it deems necessary to mitigate shading impacts identified in the consideration of the application.
205.2
205.2
A mechanical
penthouse or
rooftop structure with a maximum height of eighteen feet, six inches (18 ft. 6 in.) shall be permitted on a
building constructed pursuant to Subtitle E §§ 203.5 through 203.8.
206.1
206.1
Except as provided elsewhere in this title, the front setback requirements shall be as set forth in this section. 207.1
207.1
Except as provided elsewhere in this title, the minimum required
rear yard shall be as set forth in the following table:
| TABLE E § 207.1: MINIMUM REAR YARD |
Zones | Minimum Rear Yard (ft.) |
RF-1 | 20 |
RF-4 | 20 |
RF-5 | 20 |
207.3
207.3
In the case of a building existing on or before May 12, 1958, an extension or addition may be made to the building into the required rear yard; provided, that the extension or addition shall be limited to that portion of the rear yard included in the building area on May 12, 1958. 207.4
207.4
Notwithstanding Subtitle E §§ 207.1 through 207.3, a rear wall of a row or semi-detached building shall not be constructed to extend farther than ten feet (10 ft.) beyond the farthest rear wall of any adjoining principal residential building on any adjacent property. 207.5
207.5
A rear wall of a row or
semi-detached building may be constructed to extend farther than ten feet (10 ft.) beyond the farthest rear wall of any adjoining principal
residential building on any adjacent property if approved by the
Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9 and subject to Subtitle E § 5201 if applicable.
208.1
208.1
Except as provided elsewhere in this title, the minimum
side yard shall be as set forth in this section.
208.3
208.3
Any
side yard provided shall be a minimum of five feet (5 ft.).
208.4
208.4
Existing conforming
side yards shall not be reduced to a nonconforming width or eliminated.
208.5
208.5
In the case of a
building with a nonconforming
side yard, an extension or addition may be made to the
building; provided, that the width of the existing
side yard shall not be reduced or eliminated; and provided further, that the width of the
side yard adjacent to the extension or addition shall be a minimum of three feet (3 ft.).
208 Source Note
SOURCE:
Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR (August 25, 2023)209.1
209.1
Courts are not required; however, where a
court is provided, the
court shall have the following minimum dimensions:
| TABLE E § 209.1: MINIMUM COURT DIMENSIONS |
Type of Structure | Open Court Minimum Width | Closed Court |
Minimum Width | Minimum Area |
Single Household Dwellings and Flats | Not applicable | Not applicable | Not applicable |
All Other Structures | 2.5 in. per 1 ft. of height of court, but not less than 6 ft. | 2.5 in. per 1 ft. of height of court, but not less than 12 ft. | Twice the square of the required width of court dimension based on the height of the minimum court width; but not less than 250 sq. ft. |
209 Source Note
SOURCE:
Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR (August 25, 2023)210.1
210.1
Except as provided elsewhere in this title in Subtitle E § 212.2, the maximum permitted
lot occupancy shall be as set forth in the following table:
210 Source Note
SOURCE:
Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR (August 25, 2023).
211.1
211.1
Except as provided elsewhere in this title, the minimum required percentage of
pervious surface of a
lot shall be as set forth in the following table:
TABLE E § 211.1: MINIMUM PERCENTAGE OF PERVIOUS SURFACE |
|---|
| Type of Structure | Minimum Lot Area (sq. ft.) | Minimum Percentage of Pervious Surface (%) |
|---|
| Public Recreation and Community Center | Not applicable | 30 |
| All Other Structures | Less than 1,800 | 0 |
| 1,801 to 2,000 | 10 |
| Larger than 2000 | 20 |
TABLE E § 211.1: MINIMUM PERCENTAGE OF PERVIOUS SURFACE |
|---|
| Type of Structure | Minimum Lot Area (sq. ft.) | Minimum Percentage of Pervious Surface (%) |
|---|
| Public Recreation and Community Center | Not applicable | 30 |
| All Other Structures | Less than 1,800 | 0 |
| 1,801 to 2,000 | 10 |
| Larger than 2000 | 20 |
TABLE E § 211.1: MINIMUM PERCENTAGE OF PERVIOUS SURFACE |
|---|
| Type of Structure | Minimum Lot Area (sq. ft.) | Minimum Percentage of Pervious Surface (%) |
|---|
| Public Recreation and Community Center | Not applicable | 30 |
| All Other Structures | Less than 1,800 | 0 |
| 1,801 to 2,000 | 10 |
| Larger than 2000 | 20 |
TABLE E § 211.1: MINIMUM PERCENTAGE OF PERVIOUS SURFACE |
|---|
| Type of Structure | Minimum Lot Area (sq. ft.) | Minimum Percentage of Pervious Surface (%) |
|---|
| Public Recreation and Community Center | Not applicable | 30 |
| All Other Structures | Less than 1,800 | 0 |
| 1,801 to 2,000 | 10 |
| Larger than 2000 | 20 |
211 Source Note
SOURCE:
Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR (August 25, 2023).
212.2
212.2
Relief from the development standards of this subtitle may be permitted for
public recreation and community centers if approved by the
Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, subject to the following conditions:
(a)
Relief from the
gross floor area limitation of Subtitle E § 201.7 shall be limited to a maximum of 1.8
FAR; and
(b)
Relief from the
lot occupancy limitations of Subtitle E § 201.2 is limited to a maximum 40%
lot occupancy provided the applicant demonstrates to the Board’s satisfaction that the proposed increase is consistent with the Department of Parks and Recreation’s policy of preserving open space.
212 Source Note
SOURCE:
There are no ordinances associated with this section..
300.1
300.1
The base zone development standards in Subtitle E, Chapter 2 shall apply to the RF-1/DC zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control. 300.2
300.2
In addition to the purposes of the RF-1
zone, the purposes of the Dupont Circle
Residential Flat (RF-1/DC)
zone are to:
(a)
Recognize that Dupont Circle area is a unique resource in the District of Columbia that must be preserved and enhanced;
(b)
Provide strong protections to retain its low scale, predominantly
residential character, independent small
retail businesses, human scale streetscapes, and historic character;
(c)
(d)
Protect the integrity of “contributing buildings”, as that term is defined by the
Historic Landmark and Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law 2-144, as amended; D.C. Official Code §§ 6-1101 to 6-1115 (formerly codified at D.C. Official Code §§ 5- 1001 to 5-1015 (1994 Repl. & 1999 Supp.))).
(e)
Preserve areas planned as open gardens and backyards and protect the light, air, and privacy that they provide;
(f)
Enhance the streetscape by maintaining the public space in front of
buildings as landscaped green spaces; and
(g)
Encourage greater
use of public transportation and the free circulation of vehicles through public
streets and
alleys.
300.3
300.3
The RF-1/DC
zone requires a scale of development consistent with the nature and character of the Dupont Circle area in height and bulk and ensures a general compatibility in the scale of new
buildings with older, low-scale
buildings.
302.1
302.1
No garage or associated driveway providing access to required
parking spaces or
loading berths shall be permitted along Connecticut Avenue from N
Street, N.W. to Florida Avenue, N.W.
400.1
400.1
The base zone development standards in Subtitle E, Chapter 2 shall apply to the RF-1/CAP zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control. 400.2
400.2
In addition to the purposes of the RF-1 zone, the purposes of the Capitol Interest Residential Flat (RF-1/CAP) zone are to: (a)
Promote and protect the public health, safety, and general welfare of the U.S. Capitol precinct and the area adjacent to this jurisdiction, in a manner consistent with the goals and mandates of the United States Congress in Title V of the Legislative Branch Appropriation Act, 1976 (Master Plan for Future Development of the Capitol Grounds and Related Areas), approved July 25, 1975 (Pub. L. No. 94-59, 89 Stat. 288), and in accordance with the plan submitted to the Congress pursuant to the Act;
(b)
Reflect the importance of and provide sufficient controls for the area adjacent to the U.S. Capitol;
(c)
Provide particular controls for properties adjacent to the U.S. Capitol precinct and the area adjacent to this jurisdiction, having a well-recognized general public interest; and
(d)
Restrict some of the permitted uses to reduce the possibility of harming the U.S. Capitol precinct and the area adjacent to this jurisdiction.
401.3
401.3
In the RF-1/CAP
zone, the provisions of Subtitle E §§ 203.7 and 203.8 shall not apply.
402.1
402.1
In the RF-1/CAP
zone, the maximum permitted height of a
penthouse or
rooftop structure, excluding those permitted on the roof of a single
household dwelling or
flat pursuant to
Subtitle C § 1501, shall be ten feet (10 ft.) and one (1)
story.
403.1
403.1
In reviewing an application for a special exception in the RF-1/CAP zone, in addition to the applicable criteria of this subtitle and of Subtitle X, Chapter 9, the Board of Zoning Adjustment shall consider whether the proposed development is:(a)
Compatible with the present and proposed development of the neighborhood;
(b)
Consistent with the goals and mandates of the United States Congress in title V of the Legislative Branch Appropriation Act, 1976 (Master Plan for Future Development of the Capitol Grounds and Related Areas), approved July 25, 1975 (Pub. L. No. 94-59, 89 Stat. 288); and
(c)
In accordance with the plan promulgated under the Act.
403.2
403.2
Upon receipt of the application, the
Board of Zoning Adjustment shall refer the application to:
(a)
The Architect of the Capitol for review and report; and
(b)
The
Office of Planning for review, report, and impact assessment along with coordination of reviews in writing of all relevant District departments and agencies including:
(1)
The District Department of Transportation;
(2)
The Department of Housing and Community Development; and
(3)
403.3
403.3
The Board may require special treatment and impose reasonable conditions as it deems necessary to mitigate any adverse impacts identified in the consideration of the application. 4901.1
4901.1
The specific standards of this chapter shall govern
public schools; in the absence of specific standards, the development standards for the
zone in which the
building or
structure is proposed shall apply.
4903.1
4903.1
Unless otherwise permitted or required,
use of an existing or creation of a new
lot for
public schools shall be subject to the following minimum lot dimensions as set forth in the following table:
| TABLE E § 4903.1: MINIMUM LOT WIDTH AND MINIMUM LOT AREA FOR PUBLIC SCHOOLS |
|---|
| Zone | Minimum Lot Area (sq. ft.) | Minimum Lot Width (ft.) |
|---|
| RF zones | 9,000 | 120 |
| TABLE E § 4903.1: MINIMUM LOT WIDTH AND MINIMUM LOT AREA FOR PUBLIC SCHOOLS |
|---|
| Zone | Minimum Lot Area (sq. ft.) | Minimum Lot Width (ft.) |
|---|
| RF zones | 9,000 | 120 |
| TABLE E § 4903.1: MINIMUM LOT WIDTH AND MINIMUM LOT AREA FOR PUBLIC SCHOOLS |
|---|
| Zone | Minimum Lot Area (sq. ft.) | Minimum Lot Width (ft.) |
|---|
| RF zones | 9,000 | 120 |
| TABLE E § 4903.1: MINIMUM LOT WIDTH AND MINIMUM LOT AREA FOR PUBLIC SCHOOLS |
|---|
| Zone | Minimum Lot Area (sq. ft.) | Minimum Lot Width (ft.) |
|---|
| RF zones | 9,000 | 120 |
4903.2
4903.2
Minimum
lot area may include adjacent parcels under the same ownership that are separated only by a public
alley.
4903.3
4903.3
On split-zoned
lots, the minimum
lot width and minimum lot area requirements, if any, of the less restrictive
zone shall apply to the entire lot as long as the lot was in existence as of February 13, 2006.
4903.4
4903.4
On a
lot with more than one (1)
street front, the minimum
lot width may include the measurement of all
street frontages, provided the lot width can be measured without interruption by another lot.
4904.1
4904.1
| TABLE E § 4904.1: MAXIMUM HEIGHT FOR PUBLIC SCHOOLS |
|---|
| Zone | Maximum Height, Not Including Penthouse or Rooftop Structure (ft.) | Maximum Number of Stories |
|---|
| RF-1, RF-1/DC | 60 | No limit |
| RF-1/CAP | 40 | No limit |
RF-4 RF-5 | 90 | No limit |
| TABLE E § 4904.1: MAXIMUM HEIGHT FOR PUBLIC SCHOOLS |
|---|
| Zone | Maximum Height, Not Including Penthouse or Rooftop Structure (ft.) | Maximum Number of Stories |
|---|
| RF-1, RF-1/DC | 60 | No limit |
| RF-1/CAP | 40 | No limit |
RF-4 RF-5 | 90 | No limit |
| TABLE E § 4904.1: MAXIMUM HEIGHT FOR PUBLIC SCHOOLS |
|---|
| Zone | Maximum Height, Not Including Penthouse or Rooftop Structure (ft.) | Maximum Number of Stories |
|---|
| RF-1, RF-1/DC | 60 | No limit |
| RF-1/CAP | 40 | No limit |
RF-4 RF-5 | 90 | No limit |
| TABLE E § 4904.1: MAXIMUM HEIGHT FOR PUBLIC SCHOOLS |
|---|
| Zone | Maximum Height, Not Including Penthouse or Rooftop Structure (ft.) | Maximum Number of Stories |
|---|
| RF-1, RF-1/DC | 60 | No limit |
| RF-1/CAP | 40 | No limit |
RF-4 RF-5 | 90 | No limit |
4905.1
4905.1
Penthouses or
rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15, and to the height and story limitations specified in each zone of this subtitle; provided that public schools shall be permitted a mechanical penthouses to a maximum height of eighteen feet, six inches (18 ft., 6 in.) or the permitted mechanical penthouse height in the zone, whichever is greater. 4907.2
4907.2
In the case of a
lot that abuts or adjoins along the rear lot line a public open space, recreation area, or reservation, no
rear yard shall be required.
4908.1
4908.1
In the RF
zones, a
side yard shall not be required. However, except as provided in Subtitle E §§ 4908.2 and 4908.3, if the
yard is provided, it shall be not less than five feet (5 ft.) wide.
4908.2
4908.2
In the case of a
lot that abuts or adjoins a public open space, recreation area, or reservation on one (1) or more side lot line, a required
side yard may be reduced or omitted.
4908.3
4908.3
A side yard may be reduced or omitted along a side street abutting a corner lot in an RF zone.
4909.1
4909.1
Where a
court is provided, it shall have the following minimum dimensions:
| TABLE E § 4909.1: MINIMUM COURT DIMENSIONS FOR PUBLIC SCHOOLS |
|---|
| Zone | Minimum Width Open Court | Minimum Width Closed Court | Minimum Area Closed Court |
|---|
| RF zones | 2.5 in./ft. of height of court; 6 ft. minimum | 2.5 in./ft. of height of court; 12 ft. minimum | Twice the square of the required width of court dimension; 250 sq. ft. minimum |
| TABLE E § 4909.1: MINIMUM COURT DIMENSIONS FOR PUBLIC SCHOOLS |
|---|
| Zone | Minimum Width Open Court | Minimum Width Closed Court | Minimum Area Closed Court |
|---|
| RF zones | 2.5 in./ft. of height of court; 6 ft. minimum | 2.5 in./ft. of height of court; 12 ft. minimum | Twice the square of the required width of court dimension; 250 sq. ft. minimum |
| TABLE E § 4909.1: MINIMUM COURT DIMENSIONS FOR PUBLIC SCHOOLS |
|---|
| Zone | Minimum Width Open Court | Minimum Width Closed Court | Minimum Area Closed Court |
|---|
| RF zones | 2.5 in./ft. of height of court; 6 ft. minimum | 2.5 in./ft. of height of court; 12 ft. minimum | Twice the square of the required width of court dimension; 250 sq. ft. minimum |
| TABLE E § 4909.1: MINIMUM COURT DIMENSIONS FOR PUBLIC SCHOOLS |
|---|
| Zone | Minimum Width Open Court | Minimum Width Closed Court | Minimum Area Closed Court |
|---|
| RF zones | 2.5 in./ft. of height of court; 6 ft. minimum | 2.5 in./ft. of height of court; 12 ft. minimum | Twice the square of the required width of court dimension; 250 sq. ft. minimum |
4910.1
4910.1
| TABLE E § 4910.1: MAXIMUM LOT OCCUPANCY FOR PUBLIC SCHOOLS |
|---|
| Zone | Maximum Percentage of Lot Occupancy (%) |
|---|
| All RF-1 zones | 60 |
RF-4 RF-5 | No limit |
| TABLE E § 4910.1: MAXIMUM LOT OCCUPANCY FOR PUBLIC SCHOOLS |
|---|
| Zone | Maximum Percentage of Lot Occupancy (%) |
|---|
| All RF-1 zones | 60 |
RF-4 RF-5 | No limit |
| TABLE E § 4910.1: MAXIMUM LOT OCCUPANCY FOR PUBLIC SCHOOLS |
|---|
| Zone | Maximum Percentage of Lot Occupancy (%) |
|---|
| All RF-1 zones | 60 |
RF-4 RF-5 | No limit |
| TABLE E § 4910.1: MAXIMUM LOT OCCUPANCY FOR PUBLIC SCHOOLS |
|---|
| Zone | Maximum Percentage of Lot Occupancy (%) |
|---|
| All RF-1 zones | 60 |
RF-4 RF-5 | No limit |
4910.2
4910.2
A
public school may occupy the
lot upon which it is located in excess of the permitted percentage of
lot occupancy prescribed in this section subject to all of the following conditions:
(a)
The portion of the
building, excluding
closed court, exceeding the lot coverage shall not exceed twenty feet (20 ft.) in height or two (2)
stories; and
(b)
The total lot occupancy shall not exceed seventy percent (70%).
5000.2
5000.2
An accessory building shall:(a)
Be subordinate to and located on the same lot as the building to which it is accessory; provided, that an accessory building may contain a parking space accessory to, and required for, a use on another lot, where specifically permitted under other provisions of this title; (b)
(c)
Be secondary in size compared to the principal building;
(d)
Be constructed after the construction of the principal building; and
(e)
Not be constructed in front of the principal building.
5001.1
5001.1
The development standards in Subtitle E, Chapter 2, shall apply to
accessory buildings in the RF
zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.
5001.2
5001.2
The bulk of
accessory buildings in the RF
zones shall be controlled through the development standards in Subtitle E §§ 5002 through 5006.
5005.1
5005.1
An accessory building other than a shed may be located within a side yard in an RF zone provided that the accessory building is set back at least seven and one-half feet (7.5 ft.) from the centerline of any alley. 5006.1
5006.1
The development standards that permit the following uses are located in Subtitle U, Chapter 3:
(a)
(b)
A private vehicle garage that is an accessory building in an RF zone.
5100.1
5100.1
TABLE E § 5100.1: ALLEY LOT DEVELOPMENT STANDARDS (RF) |
|---|
| (a) | Maximum Height | 20 ft. and 2 stories, including the penthouse |
| (b) | Maximum Lot Occupancy | |
| | Less than 1,800 sq. ft. of lot area | N/A |
| | Between 1,800 and 2,000 sq. ft. of lot area | 90% |
| | Over 2,000 sq. ft. of lot area | 80% |
| (c) | Minimum Rear Yard | 5 ft. from any lot line of all abutting non-Alley Lots |
| (d) | Minimum Side Yard | 5 ft. from any lot line of all abutting non-Alley Lots |
| (e) | Minimum Alley Centerline Setback | 7.5 ft. from the centerline of all abutting alleys |
| (f) | Minimum Pervious Surface | 10% |
TABLE E § 5100.1: ALLEY LOT DEVELOPMENT STANDARDS (RF) |
|---|
| (a) | Maximum Height | 20 ft. and 2 stories, including the penthouse |
| (b) | Maximum Lot Occupancy | |
| | Less than 1,800 sq. ft. of lot area | N/A |
| | Between 1,800 and 2,000 sq. ft. of lot area | 90% |
| | Over 2,000 sq. ft. of lot area | 80% |
| (c) | Minimum Rear Yard | 5 ft. from any lot line of all abutting non-Alley Lots |
| (d) | Minimum Side Yard | 5 ft. from any lot line of all abutting non-Alley Lots |
| (e) | Minimum Alley Centerline Setback | 7.5 ft. from the centerline of all abutting alleys |
| (f) | Minimum Pervious Surface | 10% |
TABLE E § 5100.1: ALLEY LOT DEVELOPMENT STANDARDS (RF) |
|---|
| (a) | Maximum Height | 20 ft. and 2 stories, including the penthouse |
| (b) | Maximum Lot Occupancy | |
| | Less than 1,800 sq. ft. of lot area | N/A |
| | Between 1,800 and 2,000 sq. ft. of lot area | 90% |
| | Over 2,000 sq. ft. of lot area | 80% |
| (c) | Minimum Rear Yard | 5 ft. from any lot line of all abutting non-Alley Lots |
| (d) | Minimum Side Yard | 5 ft. from any lot line of all abutting non-Alley Lots |
| (e) | Minimum Alley Centerline Setback | 7.5 ft. from the centerline of all abutting alleys |
| (f) | Minimum Pervious Surface | 10% |
TABLE E § 5100.1: ALLEY LOT DEVELOPMENT STANDARDS (RF) |
|---|
| (a) | Maximum Height | 20 ft. and 2 stories, including the penthouse |
| (b) | Maximum Lot Occupancy | |
| | Less than 1,800 sq. ft. of lot area | N/A |
| | Between 1,800 and 2,000 sq. ft. of lot area | 90% |
| | Over 2,000 sq. ft. of lot area | 80% |
| (c) | Minimum Rear Yard | 5 ft. from any lot line of all abutting non-Alley Lots |
| (d) | Minimum Side Yard | 5 ft. from any lot line of all abutting non-Alley Lots |
| (e) | Minimum Alley Centerline Setback | 7.5 ft. from the centerline of all abutting alleys |
| (f) | Minimum Pervious Surface | 10% |
5100.2
5100.2
Uses on
Alley Lots shall be as permitted in Subtitle U, Chapter 6.
5200.1
5200.1
The provisions of this chapter provide for special exception relief from the specified development standards and regulations, subject to the provisions of each section and the general special exception criteria at Subtitle X, Chapter 9.
5200.2
5200.2
Requested relief that does not comply with specific conditions or limitations of a special exception authorized by this chapter shall be processed as a variance pursuant to Subtitle X, Chapter 10.
5201.1
5201.1
For an addition to a principal
residential building on a non-alley
lot or for a new principal residential building on a substandard non-alley record lot as described by Subtitle C § 301.1, the
Board of Zoning Adjustment may grant relief from the following development standards of this subtitle as a special exception, subject to the provisions of this section and the general special exception criteria at Subtitle X, Chapter 9:
(a)
(b)
(c)
(d)
5201.2
5201.2
For a new or enlarged accessory
structure to a
residential building on a non-alley
lot, the
Board of Zoning Adjustment may grant relief from the following development standards as a special exception, subject to the provisions of this section and the general special exception criteria at Subtitle X, Chapter 9:
(a)
Lot occupancy under Subtitle E § 5003 up to a maximum of seventy percent (70%) for all new and existing structures on the lot;
(b)
(c)
(d)
5201.3
5201.3
For a new or enlarged
building on an
Alley Record
Lot, the
Board of Zoning Adjustment may grant relief from the following development standards as a special exception, subject to the provisions of this section and the general special exception criteria at Subtitle X, Chapter 9:
(a)
Yards, including alley centerline setback; and
(b)
5201.4
5201.4
An application for special exception relief under this section shall demonstrate that the proposed addition, new
building, or
accessory structure shall not have a substantially adverse effect on the
use or enjoyment of any abutting or adjacent dwelling or property, specifically:
(a)
The light and air available to neighboring properties shall not be unduly affected;
(b)
The privacy of use and enjoyment of neighboring properties shall not be unduly compromised;
(c)
The proposed addition or accessory structure, together with the original
building, or the proposed new building, as viewed from the
street,
alley, and other public way, shall not substantially visually intrude upon the character, scale, and pattern of houses along the street and alley frontage; and
(d)
In demonstrating compliance with paragraphs (a), (b) and (c) of this subsection, the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the proposed addition, new building, or accessory structure to adjacent buildings and views from public ways.
5201.5
5201.5
The
Board of Zoning Adjustment may require special treatment in the way of design, screening, exterior or interior lighting,
building materials, or other features for the protection of adjacent and nearby properties.
5201.6
5201.6
This section shall not be used to permit the introduction or expansion of a
nonconforming use,
lot occupancy beyond what is authorized in this section, height, or number of
stories, as a special exception.
5201.7
5201.7
Where an application requests relief from the
alley centerline setback requirements under this section, the Office of Zoning shall refer the application to the following agencies for their review and recommendations, to be filed in the case record within the forty- (40) day period established by Subtitle A § 211:
(a)
District Department of Transportation (DDOT);
(a)
Department of Public Works (DPW);
(b)
Metropolitan Police Department (MPD);
(c)
Fire and Emergency Medical Services Department (FEMS);
(d)
DC Water (WASA); and
(e)
5202.1
5202.1
The Board of Zoning Adjustment may grant as a special exception under Subtitle X, Chapter 9, and subject to the conditions of this subsection, a maximum building height of up to forty feet (40 ft.) for a principal residential building and any additions thereto located on a non-alley lot subject to the following conditions:
(a)
The proposed construction shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, in particular:
(b)
In demonstrating compliance with paragraph (a), the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the proposed construction’s height to adjacent buildings and views from public ways; and
(1)
The light and air available to neighboring properties shall not be unduly affected; The privacy of use and enjoyment of neighboring properties shall not be unduly compromised; and
(2)
The proposed construction, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale and pattern of houses along the subject street or alley;
(c)
The Board of Zoning Adjustment may require special treatment in the way of design, screening, exterior or interior lighting, building materials, or other features for the protection of adjacent or nearby properties, or to maintain the general character of a block.
5202.2
5202.2
The
Board of Zoning Adjustment may modify or waive not more than two (2) of the requirements specified in Subtitle E §§ 5203.1(a) through (f) provided, that any modification or waiver granted pursuant to this section shall not be in conflict with Subtitle E § 5203.1(e).
5202.3
5202.3
A special exception to the requirements of Subtitle E § 206 shall be subject to the conditions of Subtitle E § 5203.1(b), (c), and (d). If relief is granted from compliance with Subtitle E § 206.1(b) or (c), the special exception shall not be conditioned upon compliance with that same requirement as stated in Subtitle E § 5203.1(b)(3) and (4)..
5202.4
5202.4
The
Board of Zoning Adjustment may require special treatment in the way of design, screening, exterior or interior lighting,
building materials, or other features for the protection of adjacent or nearby properties, or to maintain the general character of a block.
SOURCE: Final Rulemaking & Order No. 08-06A published at 63 DCR 2447 (March 4, 2016 – Part 2); Final Rulemaking & Order No. 08-06D published at 63 DCR 10620 (August 19, 2016); Final Rulemaking & Order No. 19-21 published at 67 DCR 13346 (November 13, 2020); Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR (August 25, 2023).