Section 11-U253. ACCESSORY APARTMENT (R)

253.1 One (1) accessory apartment may be established in an R zone, subject to the provisions of this section.

253.2 An accessory apartment shall be permitted in a principal dwelling or an accessory building as a matter of right in the R zones, except the R-19 or R-20 zones, subject to the provisions of this section.

253.3 An accessory apartment proposed in an accessory building not meeting the conditions of Subtitle U § 253.8 shall be permitted as a special exception if approved by the Board of Zoning Adjustment, subject to the provisions of this section.

253.4 In the R-19 or R-20 zone, an accessory apartment shall be permitted as a special exception in either a principal dwelling or an accessory building if approved by the Board of Zoning Adjustment, subject to the provisions of this section.

253.5 Either the principal dwelling or accessory apartment unit shall be owner-occupied for the duration of the accessory apartment use.

253.6 The total number of persons that may occupy the accessory apartment shall not exceed three (3), except in the R-19 or R-20 zone where the aggregate number of persons that may occupy the house, including the principal dwelling and the accessory apartment combined, shall not exceed six (6). 

253.7 An accessory apartment located in the principal dwelling shall be subject to the following conditions:

(a) The house shall have a minimum of gross floor area, exclusive of garage space in the following zones:

 

TABLE U § 253.7(a):  MINIMUM GROSS FLOOR AREA:

 

Zones	Minimum GFA
R-1-A R-1-B R-19	2,000 sq. ft.
R-2, R-3 R-10 R-13 R-17 R-20	1,200 sq. ft.

(b) The accessory apartment unit may not occupy more than thirty-five percent (35%) of the gross floor area of the house;

(c) Except as provided in Subtitle U § 253.7(d), if an additional entrance is created to a house it shall not be located on a wall of the house that faces a street; and

(d) An additional entrance to a house in an R-3, R-13, R-17, or R-20 zone may be located on a wall of the house that faces a street provided it is below the main level of the house and if in a historic district, a determination by the appropriate body that the additional door is compatible with the character of the historic district.

253.8 An accessory apartment in an accessory building in an R zone, except the R-19 and R-20 zone, shall be permitted as a matter of right subject to the following conditions:

(a) There shall be permanent access to the accessory building apartment;

(b) The dwelling use of the accessory building shall be coterminous with the permanent access;

(c) The permanent access shall be provided by one (1) of the following:

(1) A permanent passage, open to the sky, no narrower than eight feet (8 ft.) in width, and extending from the accessory building to a public street through a side setback or shared recorded easement between properties;

(2) Through an improved public alley with a minimum width of twenty-four feet (24 ft.) that connects to a public street; or

(3) The accessory building is within three hundred feet (300 ft.) of a public street accessible through an improved public alley with a minimum width of fifteen feet (15 ft.);

(d) An accessory building that houses an apartment shall not be used simultaneously for any accessory use other than as a private vehicle garage, an artist studio, or storage for a dwelling unit on the lot; 

(e) An accessory building that houses an apartment shall not have a roof deck; and

(f) An accessory apartment proposed within an accessory building that does not meet the conditions of this section shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, and subject the following conditions:

(1) The accessory building shall be located such that it is not likely to become objectionable to neighboring properties because of noise, traffic, parking, or other objectionable conditions; and

(2) Evidence that there are adequate public utilities for the health and safety of the residents.

253.9 An accessory apartment proposed in the R-19 and R-20 zones shall be subject to the restrictions of Subtitle U §§ 253.5 through 253.8 and the following conditions:

(a) It shall only be permitted on the second story of a detached accessory building; and

(b) Any balcony or projecting window shall not face a principal building in single household residential use; and provided the balcony is located entirely within the permitted footprint of the accessory building.

253.10 Not more than two (2) of the requirements specified in this section may be modified or waived by the Board of Zoning Adjustment subject to the following limitations:

(a) The owner-occupancy requirement of Subtitle U § 253.5 shall not be waived in any R zones; 

(b) Subtitle U § 253.6 shall not be modified or waived in the R-19 or R-20 zone; and

(c) Any modification(s) approved shall not conflict with the intent of this section to maintain a single household residential appearance and character in the R zones.

253.11 In addition to Subtitle U § 253.10, the Board of Zoning Adjustment may approve as a special exception the inclusion of a balcony or projecting windows for the accessory apartment.

253.12 Any request to modify more than two (2) of the requirements of this subsection shall be deemed a request for a variance.

253.13 Prior to renting an accessory apartment in any zone, the property owner shall obtain a Residential Rental Business License from the Department of Consumer and Regulatory Affairs and the property shall be inspected for relevant housing code compliance.

 

 

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, 3338 (March 4, 2016 – Part 2).