Section 11-A207. ZONE BOUNDARY LINE CROSSING A LOT

 

207.1 When a zone 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 may be increased by the bulk permitted on the portion of the lot located in a more restrictive use zone; 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 that is located within thirty-five feet (35 ft.) of the zone 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;

 

(d) For computation purposes, any portion of the lot located in an R-1 or R-2 zone shall be deemed to be limited to a floor area ratio (FAR) of 0.4, any portion of the lot located in an R-3 zone shall be deemed to be limited to an FAR of 0.6, and any portion of the lot located in an RF-1, RF-2, or RF-3 zone shall be deemed to be limited to an FAR of 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 shall be devoted only to required setbacks or courts or other open spaces.

 

207.2 If approved by the Board of Zoning Adjustment as a special exception under Subtitle X, the regulations applicable to that portion of a lot located in a lesser restrictive use zone 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; provided:

 

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

 

(b) In authorizing an extension, the Board of Zoning Adjustment shall require compliance with Subtitle A § 207.1(d);

 

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

 

(d) The Board of Zoning Adjustment 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.

 

207.3 For the purpose of interpreting this section, the zones established in this title are listed in the following groups of decreasing use restrictions:

 

(a) R and MU-11 zones;

 

(b) RF, RA, MU-1, MU-2, MU-15, MU-16, and MU-23, D-2 zones, and RC-1;

 

(c) MU-3 through MU-9, MU-17 through 21, MU-24 through MU-28, D-1, D-3 through D-7, NC zones, and ARTS-1 through ARTS-3, RC-2, and RC-3;

 

(d) MU-10, MU-12, MU-13, MU-14, MU-22, and MU-29, and ARTS-4; and

 

(e) PDR zones. 

 

 

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

Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2).