Section 11-350. R-5 DISTRICTS: GENERAL PROVISIONS

 

350.1The 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 height, density, and area requirements established for these districts under chapter 4 of this title. The R-5 Districts shall also permit the construction of those institutional and semi-public buildings that would be compatible with adjoining residential uses and that are excluded from the more restrictive Residence Districts.

 

350.2The R-5 Districts are subdivided into R-5-A, R-5-B, R-5-C, R-5-D, and R-5-E Districts. In R-5-A Districts, only a low height and density shall be permitted; in R-5-B, a moderate height and density shall be permitted; in R-5-C, a medium height and density shall be permitted; and in R-5-D and R-5-E, a relatively high height and medium-high density shall be permitted.

 

350.3Except as provided in chapters 20 through 25 of this title, in any R-5 District, no building or premises shall be used and no building shall be erected or altered that is arranged, intended, or designed to be used except for one (1) or more of the uses listed in §§ 350 through 361.

 

350.4The following uses shall be permitted as a matter of right in an R-5 District:

 

(a)Any use permitted in the R-4 District subject to the requirements of § 353;

 

(b)Child/Elderly development center or adult day treatment facility in R-5-D and R-5-E Districts; provided, that the center shall be limited to no more than twenty-five (25) individuals;

 

(c)Fire Department Support Facility, communications services only;

 

(d)Greenhouse or horticultural nursery;

 

(e)Hotel, only in R-5-B, R-5-C, R-5-D, or R-5-E Districts, in existence as of May 16, 1980, with a valid Certificate of Occupancy or a valid application for a building permit; provided, that the gross floor area of the hotel may not be increased and the total area within the hotel devoted to function rooms, exhibit space, and commercial adjuncts may not be increased. An existing hotel may be repaired, renovated, remodeled, or structurally altered;

 

(f)Multiple dwellings, subject to the requirements of § 353; provided, that in an apartment house, accommodations may be provided only to residents who stay at the premises a minimum of one (1) month;

 

(g)Recreation building, park, playground, swimming pool, athletic field, ice rink, or other similar athletic facility, public or private, operated on and using local or federal land and approved by a joint federal-local jurisdictional transfer agreement; subject to the following:

 

(1) No part of any use is nearer than seventy feet (70 ft.) to the nearest residential structure;  

 

(2) The uses shall not be organized for profit;

 

(3) All parking areas shall be shared by all uses on a lot;

 

(4) Scoreboards shall be installed such that the highest point is no taller than twenty-five feet (25 ft.) above grade; and

 

(5) Any lighting used to illuminate a park, playground, athletic field, trail or other outdoor space, shall be so arranged that all direct rays of lighting are confined to the boundaries of the lot;  

 

(h)Residence for teachers or staff of private schools;

 

(i)Temporary surface parking lot accessory to the Ballpark shall be permitted on Square 882 in accordance with § 2110. In the event that the cumulative parking limit established in § 2110.1(a) is met, additional temporary surface parking spaces accessory to the Ballpark on Square 882 shall be permitted as a special exception use if approved by the Board of Zoning Adjustment pursuant to § 2110.2; and

 

(j)Youth residential care home, community residence facility, or health care facility for seven (7) to fifteen (15) persons, not including resident supervisors or staff and their families; provided, that there is no property containing an existing community-based residential facility for seven (7) or more persons either in the same square or within a radius of five hundred feet (500 ft.) from any portion of the subject property.

 

350.5A parking garage on an alley lot so recorded on the records of the Surveyor, District of Columbia, or recorded on the records of the D.C. Office of Tax and Revenue, on or before November 1, 1957, shall be permitted as a matter of right in an R-5 District; provided:

 

(a)No part of the garage shall be located within seventy-five feet (75 ft.) of any building line; and

 

(b)Vehicular entrances and exits shall open directly onto an alley.

 

350.6A chancery is a permitted use in R-5-D or R-5-E Districts, subject to disapproval by the Board of Zoning Adjustment in accordance with the requirements of chapter 10 of this title.

 

authority

The Zoning Commission for the District of Columbia (the Commission), pursuant to its authority under § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 (2008 Repl.)).

source

§§ 3105.1, 3105.2, 3105.3 of the Zoning Regulations, effective May 12, 1958; as amended: by Final Rulemaking published at 27 DCR 2066, 2068 (May 16, 1980); Final Rulemaking published at 28 DCR 3482, 3496 (August 7, 1981); Final Rulemaking published at 29 DCR 4913, 4919 (November 5, 1982); Final Rulemaking published at 30 DCR 3270, 3271 (July 1, 1983); Final Rulemaking published at 36 DCR 7625, 7626 (November 3. 1989); Final Rulemaking published at 39 DCR 8305 (November 13, 1992); Final Rulemaking published at 40 DCR 726 (January 22, 1993); Final Rulemaking published at 46 DCR 8284 8288 (October 15, 1999); Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8361-62 (October 20, 2000); as amended by Final Rulemaking published at 52 DCR 9155(October 14, 2005); as amended by Final Rulemaking published at 53 DCR 10085(December 22, 2006); as amended by Final Rulemaking published at 54 DCR 3074(April 6, 2007); as amended by Final Rulemaking published at 54 DCR 8980(September 14, 2007); as amended by Notice of Final Rulemaking published at 58 DCR 7820, 7821 (September 2, 2011).