Section 11-2514. ZONE DISTRICT BOUNDARY LINE CROSSING A LOT

 

2514.1When 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 of the lot located in a lesser restrictive use zone district may be increased by the bulk permitted on the portion of the lot located in a more restrictive use zone district; provided, that no portion of any structure permitted on the lesser restricted portion of the lot shall be extended to the more restricted portion of the lot;

 

(b)The calculation for determining additional bulk shall include only that portion of the lot in the more restrictive use zone district that is located within thirty-five feet (35 ft.) of the zone district boundary line;

 

(c)The additional bulk authorized in this section shall not exceed the maximum bulk permitted on the portion of the lot located in the lesser restrictive use zone district;

 

(d)For computation purposes, any portion of the lot located in an R-1 or R-2 District shall be deemed to be limited to a floor area ratio of four-tenths (0.4), any portion of the lot located in an R-3 District shall be deemed to be limited to a floor area ratio of six-tenths (0.6), and any portion of the lot located in an R-4 District shall be deemed to be limited to a floor area ratio of nine-tenths (0.9); and

 

(e)Except for accessory open parking facilities permitted elsewhere in this title, the portion of the lot located in a more restrictive use zone district shall be devoted only to required yards or courts or other open spaces.

 

2514.2If approved by the Board of Zoning Adjustment as a special exception under § 3104, the regulations applicable to that portion of a lot located in a lesser restrictive use zone district that control the use, height, and bulk of structures and the use of land may be extended to that portion of the lot in a more restrictive use zone district; provided:

 

(a)The extension shall be limited to that portion of the lot in the more restrictive use zone district but not exceeding thirty-five feet (35 ft.);

 

(b)In authorizing an extension, the Board shall require compliance with § 2514.1(d);

 

(c)The extension shall have no adverse effect upon the present character and future development of the neighborhood; and

 

(d)The Board may impose requirements pertaining to design, appearance, screening, location of structures, lighting, or any other requirements it deems necessary to protect adjacent or nearby property.

 

2514.3For the purpose of interpreting this section, the zone districts established in this title are listed in the following groups of decreasing use restrictions:

 

(a)W-0, R-1-A, R-1-B, R-2, and R-3 Districts;

 

(b)R-4, R-5-A, R-5-B, R-5-C, R-5-D, R-5-E, and SP Districts;

 

(c)C-1, C-2-A, C-2-B, C-2-B-1, C-2-C, C-3-A, C-3-B, C-3-C, C-4, and C-5

(PAD)  Districts;

 

(d)W-1, W-2, W-3, and CR Districts; and

 

(e)C-M-1, C-M-2, C-M-3, and M Districts.

 

 

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)).

source

§ 7514 of the Zoning Regulations, effective May 12, 1958 (renumbered §§ 7613.1 and 7613.2 in the April 1981 edition of the Zoning Regulations); as amended by Final Rulemaking published at 27 DCR 2226, 2228 (May 23, 1980); as amended by Final Rulemaking published at 39 DCR 8305, 8310 (November 13, 1992); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8529-30 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 3440, 3465 (April 2, 2004); as amended by Final Rulemaking published at 52 DCR 6358, 6385 (July 8, 2005); as amended by Final Rulemaking published at 62 DCR 5190 (April 24, 2015).