District of Columbia Administrative Code

350 R-5 DISTRICTS: GENERAL PROVISIONS 350.1 The R-5 Districts are General Residence Districts designed to permit flexibility of design by permitting in a single district, except as provided in §§ 350 through 361, all types of urban residential development if they conform to the h…

351 ACCESSORY USES AND BUILDINGS (R-5) 351.1 The following accessory uses or accessory buildings incidental to the uses listed in § 350 shall be permitted in an R-5 District: (a) Any accessory use or accessory building permitted in R-4 Districts under § 331; (b) Temporary exhibit…

352 SPECIAL EXCEPTIONS: GENERAL (R-5) 352.1 Any use or structure permitted as a special exception in R-4 Districts under §§ 332.1 and 333 through 335 shall be permitted as a special exception in an R-5 District if approved by the Board of Zoning Adjustment under § 3104. 352.2 A c…

353 NEW RESIDENTIAL DEVELOPMENTS (R-5-A) 353.1 In R-5-A Districts, all new residential developments, except those comprising all one-family detached and semi-detached dwellings, shall be reviewed by the Board of Zoning Adjustment as special exceptions under § 3104 in accordance w…

354 CONVENIENCE STORES IN APARTMENT HOUSES (R-5) 354.1 Sale of the following convenience commodities and services as accessory uses and appropriate adjuncts to an apartment house that are designed to serve the tenants' daily living needs shall be permitted as a special exception …

355 PARKING GARAGES (R-5) 355.1 A parking garage constructed as a principal use on a lot other than an alley lot in an R-5-E District shall be permitted as a special exception in an R-5 District if approved by the Board of Zoning Adjustment under § 3104, subject to the provisions…

356 COMMERCIAL ADJUNCTS TO HOTELS (R-5) 356.1 Commercial adjuncts to a hotel containing less than one hundred (100) rooms or suites shall be permitted as special exceptions in an R-5 District if approved by the Board of Zoning Adjustment under § 3104, subject to the provisions of…

357 REHABILITATION AND SUBSTANCE ABUSERS' HOMES (R-5) 357.1 Youth rehabilitation homes, adult rehabilitation homes, or substance abusers’ homes for one (1) to twenty (20) persons, not including resident supervisors or staff and their families, shall be permitted as special except…

358 YOUTH RESIDENTIAL CARE HOMES AND COMMUNITY RESIDENCE FACILITIES (R-5) 358.1 A youth residential care home or community residence facility for sixteen (16) to twenty-five (25) persons, not including resident supervisors or staff and their families, shall be permitted as a spec…

359 HEALTH CARE FACILITIES (R-5) 359.1 Health care facilities for sixteen (16) to three hundred (300) persons not including resident supervisors or staff and their families, shall be permitted as special exceptions in an R-5 District if approved by the Board of Zoning Adjustment …

360 EMERGENCY SHELTERS (R-5) 360.1 Emergency shelters for five (5) to twenty-five (25) persons, not including resident supervisors or staff and their families, shall be permitted as special exceptions in an R-5 District if approved by the Board of Zoning Adjustment under § 3104, …

361 ART GALLERIES (R-5) 361.1 An art gallery shall be permitted as a special exception in an R-5 District if approved by the Board of Zoning Adjustment under § 3104, subject to the provisions of this section. 361.2 The art gallery shall be located and operated so that it is not l…

3000 GENERAL PROVISIONS 3000.1 This chapter supplements procedures set out in the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code §§ 6-641.01 to 641.15 (2001) (formerly codified at D.C. Code §§ 5-413 to 5-432 (1994 Repl. & 1999 Supp.))); t…

3001 COMPUTATION OF TIME 3001.1 In computing any period of time specified in this title, calendar days shall be counted. 3001.2 In computing any period of time specified in this title, the day of the act, event, or default after which the designated period of time begins to run s…

3002 APPEARANCE AND REPRESENTATION 3002.1 In a proceeding before the Commission, any person or party may appear on that person or party's own behalf. 3002.2 Any person or party may be represented by any other person duly authorized in writing to do so. 3002.3 The authorization sh…

3003 SERVICE OF PAPERS; METHODS OF SERVICE; PROOF OF SERVICE 3003.1 Any paper required to be served upon a party shall be served upon that party or upon the representative designated by that party or by law to receive service of papers. When a party has appeared through a represe…

3004 PUBLIC MEETING AND HEARING TRANSCRIPTS 3004.1 The transcripts of Commission public meetings and hearings are a matter of public record and shall be open for inspection at the Office of Zoning. 3004.2 The public meetings and hearings shall be reported under the supervision of…

3005 MEETINGS AND HEARINGS 3005.1 On or about the first (1st) day of each three (3) month period during the year, the Director shall cause to be published in the D. C Register, and shall post in the Office of Zoning, a 12-month calendar or schedule of dates setting forth the date…

3006 EVIDENCE 3006.1 Exhibits may be offered in evidence at the hearing. 3006.2 Exhibits may be in the form of photographs, models, graphs, or other appropriate visual displays. 3006.3 Any exhibit that exceeds a size suitable for inclusion in the record shall be reduced or folded…

3007 NOTICES TO ADVISORY NEIGHBORHOOD COMMISSIONS 3007.1 Any notice required by D.C. Official Code § 1-309.10(c)(4) to be provided to affected Advisory Neighborhood Commissions, the Commissioner representing the affected single member district, and the Office of Advisory Neighbor…

3010 APPLICATIONS AND PETITIONS 3010.1 Any proceeding before the Commission shall be initiated by the filing of an application or petition with the Commission on the form and in the number that the Commission may prescribe, except that the Commission may initiate a case on its ow…

3011 REVIEW AND PROCESSING OF APPLICATIONS AND PETITIONS 3011.1 Except as provided in § 2523.4, as soon as an application or petition is accepted for filing by the Director of the Office of Zoning, the Director shall place a copy of the application or petition in the public recor…

3012 AGENCY REPORTS 3012.1 As to those applications or petitions for which set down is required, as soon as an application or petition is set down for a public hearing, the matter shall be referred to the D.C. Office of Planning and any other public agencies that may be requested…

3013 SUPPLEMENTAL FILINGS 3013.1 As soon as practical, but in no case less than twenty (20) days before the notice of hearing is scheduled to be published in the D.C Register, the applicant or petitioner shall file twenty (20) copies of the following with the Director: (a) Any ad…

3014 NOTICE OF HEARINGS: GENERAL 3014.1 Notice of a hearing pursuant to the rulemaking provisions of § 3021 or the contested case provisions of § 3022, other than a hearing for a § 2523 application, shall be given by: (a) Publishing notice of the hearing in the D.C. Register at l…

3015 NOTICE OF CONTESTED CASE HEARINGS 3015.1 Notice of a contested case hearing pursuant to § 3022 shall be given in accordance with § 3014 and the additional requirements of this section. 3015.2 Notice of the hearing published in the D.C. Register shall include lot, square, and…

3020 HEARING PROCEDURES: GENERAL 3020.1 The presiding officer shall have authority to: (a) Regulate the course of the hearing; (b) Rule upon offers of proof and receive relevant evidence; (c) Assign exhibit numbers for all written documentary and other tangible matter offered in …

3021 RULEMAKING HEARINGS 3021.1 The rules of procedure in this section shall apply to rulemaking proceedings, including petitions for amendments to the text of the Zoning Regulations pursuant to § 102 and to certain applications for a change in the Zoning Maps of the District des…

3022 CONTESTED CASE HEARINGS 3022.1 The contested case procedures in § 10 of the D.C. Administrative Procedure Act, D.C. Official Code § 2-509, and this section shall apply to applications for a change in the Zoning Map pursuant to § 102 and to applications for planned unit devel…

3023 EX PARTE COMMUNICATIONS 3023.1 In any proceeding that is a contested case within the meaning of D.C. Official Code § 2-502(8)(2001)(formerly codified at D.C. Code § 1-1502(8) (1999 Repl.)), all members of the Commission shall be prohibited from receiving or participating in …

3024 CLOSING THE RECORD 3024.1 The record shall be closed at the end of the public hearing, except that the record may be kept open for a stated period for the receipt of specific exhibits, information, or legal briefs, as directed by the presiding officer. Any other materials re…

3025 POST-HEARING PROCEDURES: GENERAL 3025.1 Prior to filing the final decision, the Commission may on its own motion re-open the record and require further hearing on designated issues before the Commission. 3025.2 Notice of a further hearing along with a designation of issues s…

3026 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW 3026.1 In a contested case under § 3022, the parties are encouraged to submit to the Office of Zoning proposed findings of fact and conclusions of law within such time as the presiding officer may direct, which in any event sh…

3027 PROPOSED ACTION 3027.1 The Commission may take a proposed action at the close of the hearing pursuant to §§ 3021 and 3022, or at a later time when the record is closed. 3027.2 In a rulemaking under § 3021, the following shall apply: (a) A proposed decision to amend the text …

3028 FINAL ACTION 3028.1 In a rulemaking under § 3021, to take final action to amend the text of the Zoning Regulations or the Zoning Map, the Commission may proceed following receipt of the report of the National Capital Planning Commission or after thirty (30) days of the refer…

3029 RECONSIDERATION AND REFILING 3029.1 Requests for reconsideration of an application or petition dismissed without a hearing shall not be entertained. 3029.2 No application or petition essentially the same as that dismissed without a hearing shall be accepted for filing within…

3030 CONSENT CALENDAR 3030.1 The purpose of this section is to create an expedited procedure to be known as the "Consent Calendar." The procedure shall allow the Zoning Commission, in the interest of efficiency, to make, without public hearing, minor modifications and technical c…

3035 COLLEGE AND UNIVERSITY USES: ZONING COMMISSION APPROVAL 3035.1 Effective December 8, 2000, the Zoning Commission shall hear and decide all applications filed under § 3104 for special exception approval under §§ 210, 302.2, 322.2, 332.2, 352.2, 507, 615, and 916 of a campus d…