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OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES
ERRATA NOTICE
The Administrator of the Office of Documents and Administrative Issuances, pursuant to the authority set forth in section 309 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 2-559 (2011 Repl.)), hereby gives notice of the following corrections to the text of title 11, Zoning, of the District of Columbia Municipal Regulations (DCMR).
I. The corrections are made to make non-substantive changes to terminology pursuant to the Public Education Reform Amendment Act of 2007, effective June 12, 2007, D.C. Law 17-9, D.C. Official Code §§ 38-171, et seq. (2011 Supp.), and the People First Respectful Language Modernization Act of 2006, effective Sept. 29, 2006, D.C. Law 16-169, D.C. Official Code §§ 2-631, et seq. (2007 Repl.).
1. Section 201.1(c) is corrected by deleting the phrase “Superintendent of Schools” and inserting the phrase “Chancellor of the District of Columbia Public Schools” in its place, to read:
(c) Child development center located in a District of Columbia public school or a public recreation center operated by the D.C. Department of Parks and Recreation; provided, that written permission to use the school or the recreation center shall have been granted by the Chancellor of the District of Columbia Public Schools or the Director of the Department of Parks and Recreation, respectively.
2. Section 201.1(f) is corrected by deleting the words “handicap” and “handicaps” and inserting the words “disability” and “disabilities,” respectively, in their place, to read:
(f) Community-based residential facility for occupancy by persons with disabilities; provided, that the determination of disability facility shall be made according to the reasonable accommodation criteria in 14 DCMR §111, "Procedures for Reasonable Accommodation under the Fair Housing Act." For purposes of this subsection, a "disability" means, with respect to a person, a physical or mental impairment which substantially limits one or more of such person's major life activities, or a record of having, or being regarded as having, such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance.
3. Section 330.5(d) is corrected by deleting the words “handicap” and “handicaps” and inserting the words “disability” and “disabilities,” respectively, in their place, and a semi-colon is added at the end of the paragraph, to read:
(d) Community-based residential facility; provided that, notwithstanding any provision in this title to the contrary, the Zoning Administrator has determined that such community-based residential facility, that otherwise complies with the zoning requirements of this title that are of general and uniform applicability to all matter-of-right uses in an R-4 District, is intended to be operated as housing for persons with disabilities. For purposes of this subsection, a "disability" means, with respect to a person, a physical or mental impairment which substantially limits one or more of such person's major life activities, or a record of having, or being regarded as having, such an impairment, but such item does not include current, illegal use of, or addiction to, a controlled substance;
II. Renumbering or relettering due to alphabetization. The corrections noted below correct errors that were introduced in the text by alphabetizations of lists without a corresponding update of references to those lists.
1. In section 203.4(b), the reference to section 203.7(c) is corrected to refer to section 203.7(i). The paragraphs in section 203.7 were relettered when alphabetized and the reference was inadvertently not corrected at that time.
2. In section 351.1(c), the reference to section 350.4(d) is corrected to refer to section 350.4(e). The paragraphs in section 350.4 were relettered when alphabetized and the reference was inadvertently not corrected at that time.
3. In section 741.2, alphabetize the permitted service establishments by switching paragraphs (b) and (c) to read as follows:
(b) Gasoline service station as an accessory use to a mechanical parking garage, subject to the conditions for the accessory use in § 701.1(i);
(c) Laundry or dry cleaning establishment, not exceeding five thousand square feet (5,000 ft.2) of gross floor area; and
4. In section 741.3, alphabetize the permitted retail establishments to read as follows:
(a) Any establishment that has as a principal use the administration of massages, only in C-3-C Districts; provided, that no portion of the establishment shall be located within two hundred feet (200 ft.) of a Residence District;
(b) Fast food establishment or food delivery service; provided, that in a C-3-A District, no part of the lot on which the use is located shall be within twenty- five feet (25 ft.) of a Residence District, unless separated therefrom by a street or alley; and
(c) Motorcycle sales and repair, only in C-3-C Districts; provided:
(1) The use and all its accessory facilities shall be located within a building; and
(2) No portion of a building used for motorcycle sales or repair shall be located within fifty feet (50 ft.) of a Residence or Special Purpose District.
5. In section 741.5, the paragraphs are alphabetized to read as follows:
(a) Community-based residential facility;
(b) Mechanical parking garage, only in C-3-C Districts;
(c) Public swimming pool; and
(d) Temporary surface parking lot accessory to the Ballpark shall be permitted on Square 769, Lot 21 and those portions of Lots 18 and 20 within the C-3-C District, in accordance with § 2110.1 (a). In the event that the cumulative parking limit established in § 2110.1 (b) is met, additional temporary surface parking spaces accessory to the Ballpark on Square 769, Lot 21 and those portions of Lots 18 and 20 within the C-3-C District, shall be permitted as a special exception if approved by the Board of Zoning Adjustment pursuant to § 2110.2.
6. In section 802.10, the reference to section 801.7(l) is corrected to refer to section 801.7(c). The paragraphs in section 801.7 were relettered when alphabetized and the reference was inadvertently not corrected at that time.
7. In section 1302.3, the reference to “paragraphs (a) and (b) of § 1302.2” is corrected to refer to paragraphs (a) and (n). The paragraphs in section 1302.2 were relettered when alphabetized and the reference was inadvertently not corrected at that time.
8. In section 1803.2, alphabetize the paragraphs to read as follows:
(a) All buildings and structures that have frontage along M Street, S.E.;
(b) Automobile rental agency, provided the use has no exterior automobile storage area;
(c) Automobile, truck, or motorcycle accessory sales, including installation;
(d) College or university, subject also to the regulations of § 615. For the purposes of the determination of FAR, floor area for all non-dormitory uses directly associated with "university or college" shall be considered non-residential, and not part of the retail required under § 1803.3;
(e) Dental lab;
(f) Department store;
(g) Gas station;
(h) Hotel/inn;
(i) International organization;
(j) Library;
(k) Museum;
(l) Place of worship, which may include a parsonage, vicarage, rectory, or Sunday school building, as well as any related programs associated with the place of worship in accordance with § 216;
(m) School, private, public, or trade;
(n) Solid, freestanding wall and/or security gate exceeding a height of four (4) feet, including structural supports; and
(o) Temporary parking lot or garage, for a maximum approval period of five (5) years, which may be renewed by the Zoning Commission, as a principal use located at or above grade.
9. In section 1803.3(c), update the internal references to paragraphs within section 1803.2 to keep the meaning of the reference the same, so that it reads:
(c) In addition to the preferred uses listed in § 1807.2, the preferred use space requirement of § 1803.3(a) may also be met by any use listed in § 1803.2, other than those listed in § 1803.2 (c), (g), or (o), if reviewed and approved by the Zoning Commission in accordance with the standards specified in § 1808 and procedures specified in § 1809 of this Title;
10. In section 1804.2, alphabetize the paragraphs by moving the current paragraph (f) to the top, to read as follows:
(a) All buildings and structures that abut the Open Space Area, as described in § 1805.4, whether or not a street intervenes but excluding buildings and structures that abut the Development Area, including existing Building 160 and any additions thereto and any building or structure to be constructed immediately to the east of Building 160 (i.e., north of Water Street, S.E., west of 4th Street, S.E. east of Third St., S.E., and south of Tingey Street, S.E.);
(b) Arts, cultural, or hotel use, subject to an overall cap of 1.0 FAR;
(c) Hospital;
(d) Place of worship, which may include parsonage, vicarage, rectory, and Sunday school building, as well as any programs associated with the place of worship in accordance with § 216;
(e) Private club, lodge, fraternity house, sorority house, or dormitory;
(f) School, private, public, or trade; except as provided in § 1804.7;
(g) Solid, freestanding wall and/or security gate exceeding a height of four (4) feet;
(h) Temporary parking lot or garage, for a maximum approval period of five (5) years, which may be renewed by the Zoning Commission, as a principal use, located at or above grade; and
(i) University or college, subject also to the regulations of § 210.
11. In section 1805.6, alphabetize paragraphs (d) through (f) to read as follows:
(d) Marina, not including floating homes;
(e) Public food concession stand(s) / kiosk(s) to a maximum of 3,000 gross square feet;
(f) Solid, freestanding wall and/or security gate exceeding a height of four (4) feet, not including structural supports;
12. In section 2101.1, in the heading beginning “Uses in former public school buildings,” correct the reference from 201.1(v) to 201.1(w) due to the alphabetization of the subsection. The paragraphs in section 201.1 were relettered when alphabetized and the reference was inadvertently not corrected at that time.
13. In section 2803.6, correct the reference from 2802.1(o) to 2802.1(f) due to the alphabetization of the subsection. The paragraphs in section 2802.1 were relettered when alphabetized and the reference was inadvertently not corrected at that time.
III. Missing letters.
1. Section 1551.7 is corrected to add letters to the three subsections for ease of citation, to read:
The provisions of the SSH-2 Overlay District shall be applied to the properties described in § 1551.6 based on the following key findings:
(a) More than 20% of the residentially zoned land is used for nonresidential purposes;
(b) The neighborhood boundaries are well established and encompass a significant geographic area; and
(c) The District of Columbia Comprehensive Plan has identified the number of nonresidential uses in the neighborhood as a problem.
IV. Extraneous numbers.
1. In section 1599.1, delete the number 1599.2 for consistency with Office of Documents and Administrative Issuances format guidelines.
Inquiries regarding this notice shall be addressed by mail to Administrator, Office of Documents and Administrative Issuances, 441 4th Street, N.W., Suite 520 South, Washington, D.C. 20001 or via telephone at (202) 727-5090.
