Section 16-3312. ZONING DIVISION INFRACTIONS  


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    3312.1Violation of any of the following provisions shall be a Class 1 infraction:

     

    (a)11 DCMR § 3203 (failure to obtain a certificate of occupancy or use beyond scope of certificate of occupancy);

     

    (b)11 DCMR § 3205 (failure to comply with conditions in Board of Zoning Adjustment or Zoning Commission orders); or

     

    (c)11 DCMR § 2101.1 (failure to provide required parking).

     

    3312.2Violation of any of the following provisions shall be a Class 2 infraction:

     

    (a)11 DCMR § 400.1 (failure to conform to height limitations for buildings allowed in residential districts);

     

    (b)11 DCMR § 530.1 (failure to conform to height limitations for buildings allowed in special purpose districts);

     

    (c)11 DCMR § 930.1 (failure to conform to height limitations for buildings allowed in waterfront districts);

     

    (d)11 DCMR § 630.1 (failure to conform to height limitations for buildings allowed in mixed-use districts);

     

    (e)11 DCMR § 1203.1 (failure to conform to height limitations for buildings allowed in Capitol Interest Districts);

     

    (f)11 DCMR § 770.1 (failure to conform to height limitations for buildings allowed in commercial districts);

     

    (g)11 DCMR § 840.1 (failure to conform to height limitations for buildings allowed in industrial districts);

     

    (h)11 DCMR § 2101.2 (failure to obtain Board of Zoning Adjustment approval prior to reducing required accessory parking);

     

    (i)11 DCMR § 2115 (failure to comply with the size requirements for parking spaces for vehicles);

     

    (j)11 DCMR § 2200.1 (failure to provide and/or maintain a loading berth, loading platform or service/delivery loading space);

     

    (k)11 DCMR § 2303 (failure to keep parking lot free of refuse and debris); or

     

    (l)11 DCMR § 2303.1(b) (failure to design a parking lot so that no vehicle or any part of a vehicle projects over the lot line or building line).

     

    3312.3Violation of any of the following provisions shall be a Class 3 infraction:

     

    (a)11 DCMR § 203 (failure to obtain a home occupation permit, or use beyond scope of a home occupation permit).

     

    (b)11 DCMR § 402 (failure to comply with limitations on floor area ratios allowed in residential districts);

     

    (c)11 DCMR § 531 (failure to comply with limitations on floor area ratios allowed in special purpose districts):

     

    (d)11 DCMR § 631 (failure to comply with limitations on floor area ratios allowed in mixed-use districts);

     

    (e)11 DCMR § 771 (failure to comply with limitations on floor area ratios allowed in commercial districts);

     

    (f)11 DCMR § 841 (failure to comply with limitations on floor area ratios allowed in industrial districts);

     

    (g)11 DCMR § 931(failure to comply with limitations on floor area ratios for buildings and structures in waterfront districts);

     

    (h)11 DCMR § 1203.3 (failure to comply with limitations on floor area ratios allowed in Capitol Interest Districts);

     

    (i)DCMR § 2119.1 (failure to provide bicycle parking spaces when required);

     

    (j)11 DCMR § 2117.3 (failure to stripe and line all required parking spaces);

     

    (k)DCMR § 2117.11 (failure to provide landscaping for parking spaces when required);

     

    (l)11 DCMR § 2117.12 (failure to properly screen all open parking spaces when required);

     

    (m)DCMR § 2119.2 (failure to provide clean, secure and convenient bicycle facilities);

     

    (n)11 DCMR § 2505 (failure to comply with requirements for the excavation of rock, clay, sand, or gravel for commercial purposes or the operation of a rock quarry); or

     

    (o)DCMR § 3203.3 or 12 DCMR § 118.1.4 (failure to conspicuously post a certificate of occupancy).

     

    3312.4Violation of any of the following provisions shall be a Class 4 infraction:

     

    (a)11 DCMR § 403 (failure to comply with limitations on lot occupancy allowed in residential district);

     

    (b)11 DCMR § 532 (failure to comply with limitations on lot occupancy allowed in special purpose, waterfront district);

     

    (c)11 DCMR § 634 (failure to comply with limitations on lot occupancy allowed in mixed-use district);

     

    (d)11 DCMR § 772 (failure to comply with limitations on lot occupancy allowed in commercial district);

     

    (e)11 DCMR § 932 (failure to comply with limitations on lot occupancy allowed in waterfront district);

     

    (f)11 DCMR § 404 (failure to comply with limitations on rear yards allowed in residential districts);

     

    (g)11 DCMR § 534 (failure to comply with limitations on rear yards allowed in special purpose districts);

     

    (h)11 DCMR § 636 (failure to comply with limitations on rear yards allowed in mixed use districts);

     

    (i)11 DCMR § 774 (failure to comply with limitations on rear yards allowed in commercial districts);

     

    (j)11 DCMR § 842 (failure to comply with limitations on rear yards allowed in industrial districts);

     

    (k)11 DCMR § 933 (failure to comply with limitations on rear yards allowed in waterfront districts);

     

    (l)11 DCMR §405 (failure to comply with limitations on side yards allowed in residential districts);

     

    (m)11 DCMR § 535 (failure to comply with limitations on side yards allowed in special purpose districts);

     

    (n)11 DCMR § 934 (failure to comply with limitations on side yards allowed in waterfront districts);

     

    (o)11 DCMR § 775 (failure to comply with limitations on side yards allowed in commercial districts);

     

    (p)11 DCMR § 843 (failure to comply with limitations on side yards allowed in industrial districts);

     

    (q)11 DCMR § 533 (failure to comply with limitations on residential recreation space required in special purpose districts);

     

    (r)11 DCMR § 635 (failure to comply with limitations on private residential recreation space allowed in mixed use districts);

     

    (s)11 DCMR § 773 (failure to comply with limitations on residential recreation space allowed in commercial districts);

     

    (t)11 DCMR § 2119.8 (failure to post a sign stating where bicycle parking spaces are located in the building when such spaces are required); or

     

    (u)11 DCMR § 2504 (failure to comply with limitations on the removal of topsoil or sod).

     

     

authority

Sections 104 and 105 of the Department of Consumer and Regulatory Affairs Civil Infraction Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.04 and 2-1801.05 (2016 Repl.)), and Mayor’s Order 86-38, dated March 4, 1986.

source

Final Rulemaking published at 52 DCR 4903 (May 27, 2005).