District of Columbia Administrative Code

2409 IMPLEMENTATION 2409.1 Following approval of an application by the Commission, the application may file an application for a building permit with the proper authorities of the District of Columbia. 2409.2 The Zoning Administrator shall not approve a permit application unless …

2410 EFFECT ON PENDING APPLICATIONS 2410.1 This chapter shall apply to all PUD applications filed after December 8, 1995. 2410.2 A PUD that has already received preliminary approval or for which an application was filed before December 8, 1995, may continue to be processed to com…

2499 DEFINITIONS 2499.1 The provisions of § 199.1 and the definitions in that section shall be incorporated by reference in this section. 2499.2 When used in this chapter, the following terms shall have the meaning ascribed: Affordable Housing - housing where the occupant is payi…

2500 ACCESSORY USES AND BUILDINGS 2500.1 Any accessory use or accessory building shall be located on the same lot with the use or building to which it is accessory; provided, that required accessory parking space may be permitted on another lot where specifically permitted under …

2501 MECHANICAL AMUSEMENT MACHINES: ACCESSORY USE 2501.1 This section applies to accessory mechanical amusement machines. 2501.2 Where a person seeks to offer or provide more than three (3) mechanical amusement machines as an accessory use, that person shall first provide the Zon…

2502 PROJECTIONS INTO REQUIRED OPEN SPACES 2502.1 Except for the projections and encroachments specified in this section and the exceptions in § 2503, every part of a required yard or court or other required open space shall be open and unobstructed to the sky. 2502.2 Cornices an…

2503 STRUCTURES IN REQUIRED OPEN SPACES 2503.1 Except for the structures and exceptions specified in this section, every part of a yard required under this title shall be open and unobstructed to the sky from the ground up. 2503.2 A structure, not including a building no part of …

2504 STRIPPING OF TOPSOIL 2504.1 No person, firm, or corporation other than the District of Columbia government or an agency acting under contract with the District government shall remove topsoil or sod in any zone district, other than an M District, except under one (1) of the …

2505 EXCAVATION OF ROCK, CLAY, SAND, OR GRAVEL 2505.1 The excavation of rock for commercial purposes or the operation of a rock quarry shall be expressly prohibited in any district. 2505.2 Clay, sand, or gravel may be excavated for commercial purposes in a C-M or M District, subj…

2506 SIGNS 2506.1 Any outdoor sign or other form of exterior advertising erected in any district shall comply with the sign regulations in the D.C. Construction Code, 12 DCMR art. 14, that govern the erection, hanging, placing, painting, display, and maintenance of outdoor displa…

2507 BUILDINGS ON ALLEY LOTS 2507.1 Except for use as a one-family dwelling, a structure shall not be erected, constructed, converted, altered, remodeled, restored, or repaired for human habitation on an alley lot. 2507.2 A one-family dwelling shall not be erected or constructed …

2508 TENEMENT HOUSES 2508.1 The erection or construction of new tenement houses is expressly prohibited in any zone district. 2508.2 Conversion to a tenement house of a building or other structure erected or constructed after May 12, 1958, is expressly prohibited in any zone dist…

2509 REFERRALS TO OTHER AGENCIES 2509.1 Where the provisions of this title provide for the referral of an application to another public agency for review and report, a period of forty (40) days from the date of the submission shall be allowed, unless a different period is stated …

2510 CONGRESSIONAL LIMITATION ON BUILDING HEIGHTS 2510.1 In addition to any controls established in this title, all buildings or other structures shall comply with the Act to Regulate the Height of Buildings in the District of Columbia, approved June 1, 1910 (36 Stat. 452, as ame…

2511 DESIGNATED BUSINESS STREETS 2511.1 For the purpose of administering this title, that portion of the Act referred to in § 2510.1 that designates certain streets as "business streets" shall be interpreted to mean those sides and portions of any street located in a Special Purp…

2512 HEIGHTS OF BUILDINGS ADJACENT TO PUBLIC BUILDINGS 2512.1 In addition to the requirements of this title, buildings or structures adjacent to public buildings shall be subject to the "Schedule of Heights of Buildings Adjacent to Public Buildings" as adopted by the Commissioner…

2513 ARCHITECTURAL REVIEW BY COMMISSION OF FINE ARTS 2513.1 In addition to all provisions of this title, any building or structure erected after May 12, 1958, within the area of jurisdiction of the Shipstead-Luce Act, approved May 16, 1930 (46 Stat. 366, as amended; D.C. Official…

2514 ZONE DISTRICT BOUNDARY LINE CROSSING A LOT 2514.1 When a zone district boundary line divides a lot that was in single ownership on May 12, 1958, the permitted use and bulk of a structure located on that lot may be determined as follows: (a) The allowable bulk for the portion…

2516 EXCEPTIONS TO BUILDING LOT CONTROL (RESIDENCE DISTRICTS) 2516.1 If approved by the Board of Zoning Adjustment as a special exception under § 3104, two (2) or more principal buildings or structures may be erected on a single subdivided lot, subject to the provisions of this s…

2517 EXCEPTIONS TO BUILDING LOT CONTROL (Other Than Residence Districts) 2517.1 This section shall permit two (2) or more principal buildings or structures to be erected as a matter of right on a single subdivided lot that is not located in, or within twenty-five feet (25 ft.) of…

2518 RELATIONSHIP OF PENNSYLVANIA AVENUE PLAN TO ZONING 2518.1 Pursuant to § 7(b) of the Pennsylvania Avenue Development Corporation Act of 1972, approved October 27, 1972 (86 Stat. 1266, 1272, as amended; 40 U.S.C. § 876(b)), all new construction, including substantial remodelin…

2519 SPACING BETWEEN COMMUNITY-BASED RESIDENTIAL FACILITIES 2519.1 The "Directory of Public and Private Community-Based Residential Facilities," prepared by the Office of Planning, updated through July 9, 1981, shall be used to determine if there are any other community-based res…

2520 REGULATION OF ANTENNAS 2520.1 The purposes for the regulation of antennas as a particular type of structure shall be as follows: (a) The Zoning Commission has determined that certain antennas, because of their size, shape, design, construction, or location may affect the hea…

2521 SOUTHWEST URBAN RENEWAL AREA 2521.1 The following exceptions to development controls shall apply to specified properties located in the former Southwest Urban Renewal Area, an area geographically delineated and regulated for development by the District of Columbia Redevelopm…

2522 MINOR FLEXIBILITY BY ZONING ADMINISTRATOR'S RULING 2522.1 The Zoning Administrator is authorized to permit the following deviations, if the Zoning Administrator determines that the deviation or deviations will not impair the purpose of the otherwise applicable regulations: (…

2523 WATER TOWER ON THE EAST CAMPUS OF SAINT ELIZABETHS 2523.1 Notwithstanding any other provision of this Title, a water tower or elevated water tank (“Water Tower”) owned and operated by the District of Columbia Water and Sewer Authority may be established on unzoned property o…

2524 EXCEPTIONS TO DENSITY REGULATIONS FOR ENCLOSING OPEN ARCADES 2524.1 Notwithstanding the repeal of § 2515.3, a building constructed with the additional gross floor area authorized by that provision remains a conforming structure. 2524.2 Notwithstanding applicable floor-area-r…

2600 GENERAL PROVISIONS 2600.1 This Chapter establishes an Inclusionary Zoning Program that furthers the Housing Element of the Comprehensive Plan by increasing the amount and expanding the geographic distribution of adequate, affordable housing available to current and future re…

2601 DEFINITIONS 2601.1 When used in the Chapter, the following terms and phrases shall have the meanings ascribed: Achievable bonus density - The amount of the bonus density permitted under § 2604 that potentially may be utilized within a particular inclusionary development, not…

2602 APPLICABILITY 2602.1 Except as provided in § 2602.3, the requirements and incentives of this chapter shall apply to developments that: (a) Are mapped within the R-2 through R-5-D, C-1 through C-3-C, USN, CR, SP, StE, and W-1 through W-3 Zone Districts, unless exempted pursua…

2603 SET-ASIDE REQUIREMENTS 2603.1 Except as provided in § 2603.8, an inclusionary development for which the primary method of construction does not employ steel and concrete frame structure located in an R-2 through an R-5-B Zone District or in a C-1, C-2-A, W‑0, or W-1 Zone Dis…

2604 BONUS DENSITY 2604.1 Inclusionary developments subject to the provisions of this chapter, except those located in the StE District, may construct up to twenty percent (20%) more gross floor area than permitted as a matter of right ("bonus density"), subject to all other zoni…

2605 DEVELOPMENT STANDARDS 2605.1 [REPEALED] 2605.2 The proportion of studio, efficiency, and one-bedroom inclusionary units to all inclusionary units shall not exceed the proportion of market-rate studio, efficiency, and one-bedroom units to all market-rate units. 2605.3 All inc…

2606 EXEMPTION FROM COMPLIANCE 2606.1 The Board of Zoning Adjustment is authorized to grant partial or complete relief from the requirement of § 2603 upon a showing that compliance (whether on site, offsite or a combination thereof) would deny the applicant economically viable us…

2607 OFF-SITE COMPLIANCE 2607.1 The Board of Zoning Adjustment is authorized to permit some or all of the set-aside requirements of § 2603 to be constructed off-site upon proof, based upon a specific economic analysis, that compliance on-site would impose an economic hardship. Am…

2608 APPLICABILITY DATE 2608.1 The provisions of §§ 2600 through 2607 of this Chapter as adopted by Zoning Commission Orders No. 04-33, 04-33A, and 04-33B and all amendments made by Orders No. 04-33A and 04-33B to 11 DCMR Chapters 1, 11 through 14, 15, 16, and 19 shall become eff…

2700 PURPOSE 2700.1 The purposes of the regulation of antennas, antenna towers, and monopoles as a particular type of structure shall be as follows: (a) The Zoning Commission has determined that certain antennas, antenna towers, and monopoles because of their size, shape, design,…

2701 CERTIFICATION OF FCC COMPLIANCE FOR TRANSMITTING ANTENNAS 2701.1 No application for a building permit for a transmitting antenna may be considered completed unless it is accompanied by a certification evidencing that the proposed transmitting antenna will comply with the rad…

2702 MATTER OF RIGHT ANTENNAS 2702.1 All antennas that comply with the applicable provisions of this chapter e permitted as a mater of right in all zone districts, except broadcast antennas, which shall not be permitted in residence districts (R). 2702.2 No signs of any kind, inc…

2703 GROUND MOUNTED ANTENNAS 2703.1 All ground mounted antennas, except those regulated by § 2706 or exempted by § 2707, shall comply with the following conditions: (a) In any Residence (R), Special Purpose (SP), Mixed Use (CR), or Waterfront (W) zone district only one antenna ma…

2704 ROOF-MOUNTED ANTENNAS 2704.1 All roof-mounted antennas, except those regulated by § 2706 or exempted by § 2707, shall comply with the following conditions: (a) Each part of an antenna shall be removed from each edge of the roof a minimum distance equal to its total mounted h…

2705 BUILDING-MOUNTED ANTENNAS 2705.1 All building mounted antennas, except those regulated by § 2706 or exempted by § 2707, shall comply with the following conditions: (a) The top of the antenna shall not extend above the top of the wall, or roof of the building or structure to …

2706 ANTENNAS LOCATED IN STEALTH STRUCTURES 2706.1 Antennas located in stealth structures may be permitted provided the following conditions are met: (a) The proposed stealth design provides adequate screening of the antennas; (b) The proposed structure is not out of scale with t…

2707 EXEMPTED ANTENNAS 2707.1 The requirements of §§ 2703 through 2706 shall not apply to any antenna that is: (a) Entirely enclosed within a building but is not the primary use within the building; (b) Entirely enclosed on all sides by a penthouse, or an extension of penthouse w…

2708 ANTENNA MOUNTED ON ANTENNA TOWERS AND MONOPOLES 2708.1 Antennas may be mounted as a matter of right on an antenna tower or monopole that: (a) Is located in a General Industry (M) Zone District; (b) Was approved by, and constructed in accordance, with an order of the Board of…

2709 ANTENNA TOWERS AND MONOPOLE IN GENERAL INDUSTRY DISTRICTS (M) 2709.1 An antenna tower or monopole, either alone or in conjunction with a studio or in conjunction with the erection, alteration, or use of buildings for transmission or reception equipment, shall be permitted in…

2710 ANTENNA TOWERS AND MONOPOLES AS PART OF A CAMPUS PLAN 2710.1 An antenna tower or monopole may be permitted, subject to and as a part of an approved campus plan as may be required in any zone district, subject to the special exception standards of §§ 2712.1 and 2712.2. 2710.2…

2711 OFFICE OF PLANNING REPORT 2711.1 The Zoning Administrator shall not take final action on an application to permit or modify an antenna tower, a monopole, or an antenna not exempted by § 2707, until a report is received from the Office of Planning or thirty (30) days have pas…

2712 ANTENNAS SUBJECT TO BZA APPROVAL - GENERAL 2712.1 An application for special exception approval shall include the following written and graphic documentation: (a) A map of area to be served by the new antenna; (b) A map and explanation of the area being inadequately served t…