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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 11. ZONING REGULATIONS OF 1958 |
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Chapter 11-4. RESIDENCE DISTRICT: HEIGHT, AREA, AND DENSITY REGULATIONS |
Section 11-400. HEIGHT OF BUILDINGS OR STRUCTURES (R)
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400.1Except as specified in this chapter and in Chapters 20 through 25 of this title, the height of buildings or structures, not including the penthouse, in a Residence District shall not exceed that given in the following table:
ZONE DISTRICT
MAXIMUM HEIGHT (Feet)
MAXIMUM HEIGHT (Stories)
R-1-A, R-1-B, R-2, R-3, R-5-A
R-5-B
R-5-C
R-5-D
R-5-E
40
50
60
90
90
3
no limit
no limit
no limit
no limit
R-4 ZONE DISTRICT
New construction of 3 or more immediately adjoining one- or two-family row dwellings built concurrently on separate record lots
All other structures
40
35
3
3
400.2Except as provided in § 2510, the height of buildings or structures specified in § 400.1 may be exceeded as provided in §§ 400.3 through 400.13 and § 400.23.
400.3A spire, tower, dome, pinnacle, minaret serving as an architectural embellishment, or antenna may be erected to a height in excess of that which this section otherwise authorizes in the district in which it is located.
400.4A chimney or smokestack may be erected to a height in excess of that authorized in the district in which it is located when required by other municipal law or regulation.
400.5A penthouse may be erected to a height in excess of that authorized in the district in which it is located. The height of a penthouse, except as restricted in § 400.6 and as prohibited on the roof of a detached dwelling, semi-detached dwelling, rowhouse, or flat in any zone in § 411.5, as measured from the surface of the roof upon which the penthouse is located, shall not exceed that given in the following table:
ZONE DISTRICT
MAXIMUM PENTHOUSE HEIGHT
MAXIMUM PENTHOUSE STORIES
R-1-A, R-1-B, R-2, R-3, R-4, R-5-A
12 ft.
1
R-5-B
12 ft. except 15 ft. for penthouse mechanical space
1; second story permitted for penthouse mechanical space
R-5-C
12 ft., except 18 ft. 6 in. for penthouse mechanical space
1; second story permitted for penthouse mechanical space
R-5-D
20 ft.
1 plus mezzanine; second story permitted for penthouse mechanical space
R-5-E
20 ft.
1 plus mezzanine; second story permitted for penthouse mechanical space
400.6A non-residential building constructed pursuant to §§ 400.7 through 400.12 shall be permitted a mechanical penthouse to a maximum height of eighteen feet six inches (18 ft. 6. in.).
400.7A building or other structure may be erected to a height not exceeding ninety feet (90 ft.); provided, that the building or structure shall be removed from all lot lines of its lot for a distance equal to the height of the building or structure above the natural grade.
400.8A church may be erected to a height of sixty feet (60 ft.); provided, that it shall not exceed the number of stories permitted in the district in which it is located.
400.9An institutional building or structure may be erected to a height not exceeding ninety feet (90 ft.); provided, that the building or structure shall be removed from all lot lines of its lot a distance of not less than one foot (1 ft.) for each foot of height in excess of that authorized in the district in which it is located.
400.10In an R-1, R-2, R-3, and R-4 District, a public school building or structure may be erected to a height not exceeding sixty feet (60 ft.).
400.11In an R-5-A, R-5-B, and R-5-C District, a public school building or structure may be erected to a height not exceeding ninety feet (90 ft.).
400.12In an R-5-B District, a college or university building or structure covered by an approved campus plan may be erected to a height not exceeding sixty feet (60 ft.).
400.13Where required by An Act To Regulate the Height of Buildings in the District of Columbia, approved June 1, 1910 (36 Stat. 452, as amended; D.C. Official Code §§ 6-601.01 to 6-601.09 (formerly codified at D.C. Code §§ 5-401 to 5-409 (1994 Repl. & 1999 Supp.))), a height in excess of that permitted shall be authorized by the Mayor.
400.14A public recreation and community center in any residential zone may be erected to a height not to exceed forty-five feet (45 ft.).
400.15The height of buildings in R zones shall be measured in accordance with the rules provided in §§ 400.16 through 400.21. If more than one (1) of these subsections applies to a building, the rule permitting the greater height shall apply.
400.16The building height measuring point (BHMP) shall be established at the existing grade at the mid-point of the building façade of the principal building that is closest to a street lot line.
400.17The height of a building with a flat roof shall be measured from the BHMP to the highest point of the roof excluding parapets and balustrades not exceeding four feet (4 ft.) in height.
400.18The height of a building with a roof that is not a flat roof shall be measured as follows:
(a)From the BHMP to the average level between the highest eave, not including the eave of a dormer and the highest point of the roof; and
(b)Where there are no eaves, the average level shall be measured between the top of the highest wall plate and the highest point of the roof.
400.19The height of a building permitted to be ninety feet (90 ft.) shall be measured from the BHMP to the highest point of the roof excluding parapets and balustrades not exceeding four feet (4 ft.) in height.
400.20Where a building is removed from all lot lines by a distance equal to its proposed height above grade, the height of building shall be measured from the BHMP to the highest point of the roof or parapet.
400.21If a building fronts on more than one (1) street, any front may be used to determine street frontage; but the basis for measuring the height of the building shall be established by the street selected as the front of the building.
400.22A conforming structure in existence on June 14, 2013 that would have been rendered nonconforming as a result of the adoption of amendments to this section made in Z.C. Order No. 12-11 shall be deemed conforming; provided that the height of the structure may neither be increased or extended.
400.23In an R-4 Zone District, a building or other structure may be erected to a height not exceeding forty feet (40 ft.) if approved by the Board of Zoning Adjustment as a special exception, under § 3104, subject to the following conditions, except that if the building is being converted to an apartment house, special exception relief from the thirty-five foot (35 ft.) height limitation is only available pursuant to §§ 336 or 337 as applicable:
(a) The applicant shall demonstrate that the overall building or structure height or upper addition will not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, in particular:
(1) The light and air available to neighboring properties shall not be unduly affected;
(2) The privacy of use and enjoyment of neighboring properties shall not be unduly compromised;
(3) An addition shall not block or impede the functioning of a chimney or other external vent on an adjacent property required by any municipal code;
(4) An addition shall not interfere with the operation of an existing or permitted solar energy system on an adjacent property, as evidenced through a shadow, shade, or other reputable study acceptable to the Zoning Administrator; and
(5) The resulting building or structure height, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale and pattern of houses along the subject street frontage;
(b) The applicant shall demonstrate that overall building or structure height or an upper addition resulting from the additional five feet (5 ft.) will not have a substantially adverse effect on the defining architectural features of the building or result in the removal of such features; and
(c) In demonstrating compliance with §§ 400.23(a) and (b), the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the new or extended building or structure to adjacent buildings and views from public ways.
400.24In an R-4 Zone District, the following provisions shall apply:
(a) A roof top architectural element original to the building such as a turret, tower or dormers, shall not be removed or significantly altered, including changing its shape or increasing its height, elevation, or size;
(b) Any addition, including a roof structure or penthouse, shall not block or impede the functioning of a chimney or other external vent on an adjacent property required by any municipal code; and
(c) Any addition, including a roof structure or penthouse, shall not interfere with the operation of an existing or permitted solar energy system on an adjacent property, as evidenced through a shadow, shade, or other reputable study acceptable to the Zoning Administrator.
400.25In an R-4 Zone District, relief from the design requirements of § 400.24 may be approved by the Board of Zoning Adjustment as a special exception under § 3104, subject to the conditions of § 400.23(a), (b), and (c). If relief is granted from compliance with § 400.24(b) or (c), the special exception shall not be conditioned upon compliance with that same requirement as stated in § 400.23(a)(3) or (4).