District of Columbia Administrative Code

MINIMUM LAND AREA (PUD) 301.1 The minimum area included within a proposed development application, including the area of public streets or alleys proposed to be closed, shall be as follows: TABLE X § 301.1: MINIMUM PUD LAND AREA Zone Group Applicable Zones Minimum Area 1 R-1, R-2…

PLANNED UNIT DEVELOPMENT APPLICATION TYPES A PUD request may be filed as either a one-stage, consolidated, or a two-stage application. A two-stage application has two (2) parts as follows: The first-stage application involves a general review of the site’s suitability as a PUD an…

PLANNED UNIT DEVELOPMENT FLEXIBILITY 303.1 As part of the PUD process, the Zoning Commission may grant the following relief: Relief from any development standards established in the corresponding zone, which shall be considered a type of development flexibility against which the …

PLANNED UNIT DEVELOPMENT EVALUATION STANDARDS The Zoning Commission will evaluate and grant or deny a PUD application according to the standards of this section. The applicant shall have the burden of proof to justify the granting of the application according to these standards. …

PLANNED UNIT DEVELOPMENT PUBLIC BENEFITS The Zoning Commission shall also evaluate the specific public benefits and project amenities of the proposed development, which features may in some instances overlap. Public benefits are superior features of a proposed PUD that benefit th…

HOUSING LINKAGE A PUD application that proposes an increase in gross floor area devoted to office space over and above the amount of office space permitted as a matter-of-right in the underlying existing zone of the PUD site shall comply with the housing linkage requirements of t…

PLANNED UNIT DEVELOPMENT APPLICATION REQUIREMENTS A PUD application shall meet the requirements of Subtitle Z § 300. SOURCE: Final Rulemaking published at 63 DCR 2447, 3454 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Pr…

PLANNED UNIT DEVELOPMENT PROCEDURES 308.1 Pre-hearing and hearing procedures for planned unit developments are set forth in Subtitle Z, Chapter 4. No later than seven (7) days after the Zoning Commission takes proposed action on any PUD application (or for PUDs not involving map …

PLANNED UNIT DEVELOPMENT APPROVALS The Zoning Commission’s first-stage approval shall set forth the appropriate zoning classification to apply to the project, and shall state in detail the elements, guidelines, and conditions that shall be followed by the applicant in the second-…

LIMITATIONS ON DEVELOPMENT OF A PUD SITE No order approving a PUD shall be deemed to include relief from any zoning regulation, including, but not limited to, the Inclusionary Zoning requirements of Subtitle C, Chapter 10 unless such relief was expressly requested by the applican…

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

AMENDMENT TO CREATE A NEW ZONE Petitions for the creation of a new zone shall be consistent with the conditions of this section. The new zone shall be for a well-defined geographic area with generally similar development characteristics and land use. Proposed new zones shall not …

PETITION REQUIREMENTS A petition to create a new zone shall meet the requirements of Subtitle Z §§ 304 and 305. SOURCE: Final Rulemaking published at 63 DCR 2447, 3454 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Procedu…

MAP AMENDMENTS The Zoning Commission will evaluate and approve, disapprove, or modify a map amendment application or petition according to the standards of this chapter. In a contested case, the applicant shall have the burden of proof to justify the granting of the application a…

APPLICATION/PETITION REQUIREMENTS An application or petition for a map amendment shall meet the requirements of Subtitle Z § 304. SOURCE: Final Rulemaking published at 63 DCR 2447, 3454 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 20…

502 INCLUSIONARY ZONING PLUS 502.1 Except as provided in Subtitle X § 502.2, the requirements of this section shall apply to: (a) A map amendment that rezones a property: (1) From a PDR zone to an ARTS, CG, D, MU, NMU, R, RA, or RF zone; (2) From any zone other than a PDR zone to…

DESIGN REVIEW PURPOSE The purpose of the design review process is to: (a) Allow for special projects to be approved by the Zoning Commission after a public hearing and a finding of no adverse impact; (b) Recognize that some areas of the District of Columbia warrant special attent…

APPLICABILITY Except for Design Review required by Chapter 7 of Subtitle I, this chapter applies to any instance when the Zoning Regulations require Zoning Commission review of any building, structure, or use other than a campus plan pursuant to Subtitle X, Chapter 1. Such a revi…

APPLICATION REQUIREMENTS 602.1 An application for a design review shall meet the requirements of Subtitle Z § 301. SOURCE: Final Rulemaking published at 63 DCR 2447, 3454 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Proc…

DESIGN REVIEW FLEXIBILITY As part of the Design Review process, the Zoning Commission may grant relief from the development standards for height, setbacks, yards, lot occupancy, courts, and building transitions; as well as any specific design standards of a specific zone. Except …

DESIGN REVIEW STANDARDS 604.1 The Zoning Commission will evaluate and approve or disapprove a design review application subject to this chapter according to the standards of this section and for Mandatory Design Reviews subject to this chapter according to the standards stated in…

605 LIMITATIONS ON DEVELOPMENT OF A VOLUNTARY DESIGN REVIEW (VDR) SITE 605.1 No order approving a VDR shall be deemed to include relief from any zoning regulation unless such relief was expressly requested by the applicant and expressly granted in the order. 605.2 The grant of a …

606 IMPLEMENTATION OF A VOLUNTARY DESIGN REVIEW (VDR) APPROVAL 606.1 Following approval of a VDR application by the Zoning Commission, the applicant may file a building permit with the proper authorities of the District of Columbia. 606.2 The Zoning Administrator shall not approv…

INTRODUCTION TO AIRSPACE DEVELOPMENT This chapter provides regulations for developing air rights above public streets or alleys (“airspace”) in the District of Columbia. Under § 5 of the District of Columbia Public Space Utilization Act, approved October 17, 1968 (D.C. Official C…

GENERAL RULES FOR AIRSPACE DEVELOPMENT No development of airspace may occur without approval of the Zoning Commission. The Zoning Commission shall determine the use to be permitted in the proposed airspace consistent with regulations applicable to the abutting privately owned pro…

APPLICATION REQUIREMENTS An application for an airspace development shall meet the requirements of Subtitle Z § 303. SOURCE: Final Rulemaking published at 63 DCR 2447, 3454 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016). Distr…

PROCEDURES FOR A WATER TOWER ON THE EAST CAMPUS OF SAINT ELIZABETHS 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 propert…

GENERAL PROVISIONS Except for those special exceptions heard by the Zoning Commission pursuant to Title 11 DCMR, special exception cases shall be heard by the Board of Zoning Adjustment and follow the procedures of Subtitle Y, Chapter 4. The Board of Zoning Adjustment is authoriz…

SPECIAL EXCEPTION REVIEW STANDARDS The Board of Zoning Adjustment will evaluate and either approve or deny a special exception application according to the standards of this section. The Board of Zoning Adjustment is authorized under § 8 of the Zoning Act, D.C. Official Code § 6-…

APPLICATION REQUIREMENTS An application for a special exception shall meet the requirements of Subtitle Y § 300. SOURCE: Final Rulemaking published at 63 DCR 2447, 3454 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Proced…

BOARD OF ZONING ADJUSTMENT JURISDICTION; AUTHORITY; POWERS This subtitle supplements procedures set out in the Zoning Act of 1938; the Civil Infractions Act; the Foreign Missions Act; the Zoning Regulations of the District of Columbia, Title 11 DCMR; and the D.C. Administrative P…

GENERAL PROVISIONS In any conflict between this subtitle and any other provisions of this title, the other provisions of this title shall govern. In any conflict within this subtitle between general and specific provisions, the specific provisions shall govern. In any conflict be…

ORGANIZATION The Board shall consist of five (5) members and shall have the duties and powers set forth in this subtitle. The Board, pursuant to D.C. Official Code § 6-641.07, shall consist of three (3) Mayoral appointees, one (1) member of the National Capital Planning Commissio…

MEETINGS AND HEARINGS On or about the first (1st) day of the calendar year, the Director shall publish in the D.C. Register a twelve-month (12-month) calendar or schedule of meeting dates, and continually update the Office of Zoning electronic calendar to reflect the meeting date…

TRANSCRIPTS OF PUBLIC MEETINGS AND HEARINGS The transcripts of Board public meetings and hearings are a matter of public record and shall be available through the Office of Zoning. The public meetings and hearings shall be reported under the supervision of the presiding officer, …

RULES OF ETHICS The following Rules of Ethics are intended to be complementary to, and not in place of, the ethical requirements applicable to all District officials, as those requirements are stated in the Ethics Manual for the District of Columbia and the District and federal l…

FILING FEES FOR APPLICATIONS AND APPEALS Except as provided in Subtitle Y §§ 1600.2 and 1600.3, at the time of filing an appeal or application with the Board of Zoning Adjustment, the appellant or applicant shall pay a filing fee in accordance with the following schedule: Appeal …

MISCELLANEOUS FEES Fees for miscellaneous zoning services and documents provided by the Office of Zoning are as follows: The fee for providing a zoning certification is fifty dollars ($50) for each property certified; The fee for photocopying is twenty cents (.20¢) per page; The …

ADMINISTRATION OF BOARD AND MISCELLANEOUS FEES The Director shall be responsible for administering, interpreting, and applying the terms of the fee schedule in Subtitle Y §§ 1600.1 and 1601.1. All fees shall be paid by check or money order made payable to the D.C. Treasurer, or b…

APPEARANCE AND REPRESENTATION In a proceeding before the Board, any person or party may appear on that person or party's own behalf. Any person or party may be represented by any other person duly authorized in writing to do so. The authorization shall state specifically that the…

APPLICATIONS AND APPEALS Any variance or special exception proceeding before the Board shall be initiated by the filing of an application with the Board on the form and in the manner that the Director may prescribe. A variance or special exception case shall be considered as a co…

DECORUM AND GOOD ORDER This section applies to all proceedings before the Board. No person shall utter loud, threatening, or abusive language, or engage in any disorderly or disruptive conduct, including the display of any signs or objects, that has the effect of (as determined b…

EVIDENCE The provisions of this section apply as follows: This section applies in its entirety to zoning appeals and variance and special exception applications; Except for Subtitle Y § 203.2, the provisions of this section shall not apply to civil infraction appeals; provided, h…

COMPUTATION OF TIME In computing any period of time, days shall refer to calendar days, unless otherwise specified. 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 shall not be …

SERVICE OF DOCUMENTS; METHODS OF SERVICE; PROOF OF SERVICE Any document 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 documents. When a party has appeared through a representa…

SUBMITTING COMMENTS OR FILING DOCUMENTS ELECTRONICALLY OR BY E-MAIL 206.1 This section includes provisions for the public to file documents electronically through the Interactive Zoning Information System (IZIS) and by e-mail with the Office of Zoning. It also permits the Office …

APPLICATION REQUIREMENTS: SPECIAL EXCEPTION AND VARIANCE Each application seeking approval of a special exception or variance pursuant to Subtitle X, Chapter 9 shall meet the requirements of this section before it will be accepted by the Office of Zoning for processing. No specia…

CHANCERY APPLICATION REQUIREMENTS The owner of property upon which a chancery is proposed to be located, replaced, or expanded, or an authorized representative, shall file an application with the Board. The application of an authorized representative shall include a letter signed…

ZONING APPEAL FILING REQUIREMENTS Any person aggrieved or any officer or department of the government of the District of Columbia or the federal government affected by an order, requirement, decision, determination, or refusal made by an administrative officer or body, including …

CIVIL INFRACTION APPEAL FILING REQUIREMENTS Any person aggrieved by an order issued by an Administrative Law Judge (ALJ) pertaining to alleged civil infractions of the Height Act and the Zoning Regulations may file a timely civil infraction appeal with the Board. A civil infracti…