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OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES
ERRATA NOTICE
The Administrator of the Office of Documents and Administrative Issuances (ODAI), 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 corrections to the D.C. Register published on March 19, 2010, at 57 DCMR 2281. The Historic Preservation Review Board and the District of Columbia Office of Planning issued a Notice of Final Rulemaking creating a new chapter 25 entitled, “Standards for Signs, Awnings, Canopies, and Marquees,” in subtitle A of title 10 of the District of Columbia Municipal Regulations (DCMR).
Subtitle A of title 10 is formerly entitled, “Historic Preservation.” On January 1, 2010, the ODAI issued a Notice of Final Rulemaking re-codifying the DCMR, including title 10. In so doing, ODAI moved the “Historic Preservation” to subtitle C. The re-codification occurred before the Historic Preservation Review Board and the Office of Planning issued the Second Notice of Proposed Rulemaking, proposing to create chapter 25, and the Notice of Final Rulemaking.
In light of the re-codification of the DCMR, this errata notice corrects the Notice of Final Rulemaking published in the March 19, 2010, D.C. Register to say that the new chapter 25, “Standards for Signs, Awnings, Canopies, and Marquees,” is added to subtitle C, “Historic Preservation,” of title 10 of the DCMR. This correction does not alter the intent or application of the rulemaking, but rather clarifies where within the DCMR the rules should be codified. In addition, this errata notice fixes the cross-references within the rulemaking so as to avoid any confusion, makes various formatting changes in conformance with ODAI’s drafting rules, and places the DCMR citations in the proper format in accordance with ODAI’s drafting rules.
The corrections are as follows:
1. In § 2500.5, 10 DCMR, Chapter 24, is referenced. Chapter 24, which used to be codified in title 10, was re-codified and placed in subtitle B, “Planning and Development,” when ODAI re-codified the DCMR. Therefore, this cross-reference is corrected to specifically state where within the DCMR chapter 24 is located; so that the entire subsection reads as follows:
2500.5 Signage and related building features in the Chinatown Overlay District are subject to review by the Chinatown Steering Committee pursuant to 10 DCMR B, Chapter 24.
2. In § 2500.7, references to 10A are corrected to reference subtitle C of title 10 DCMR; so that the entire subsection reads as follows:
2500.7 As provided in 10 DCMR C § 9900, terms specific to this chapter are defined in § 2599. Other terms used throughout subtitle C of title 10 DCMR are defined in Chapter 99.
3. In § 2501.1, the references to “one (1) square foot” and “eighteen (18) inches” are reformatted in accordance with ODAI’s drafting rules, so that the entire section reads as follows:
2501.1 Notwithstanding the limitations and exemptions stated in the D.C. Building Code, a permit is required for the erection, painting, repainting, placement, replacement, hanging, rehanging, alteration, repair, or change of a sign larger than one square foot (1 sq. ft.) in size on the exterior of a building on historic property or located within the first eighteen inches (18 in.) inside a glazed opening of a building on historic property.
4. In § 2501.3, the reference to “12A DCMR § 3107.13 and 3107.14” is corrected to be placed in the proper DCMR format, and the extra period (.) at the end of the last sentence is removed so that the entire subsection reads as follows:
2501.3 Notwithstanding the other requirements of this chapter, signs bearing non-commercial statements of fact, belief, or personal or political opinion that are posted on privately owned historic property shall be issued permits if the proposed method of installation would not destroy or irreparably damage the historic property and would not prevent the maintenance of the property in good repair as provided in § 10b of the Act. Such signs shall remain subject to the requirements and prohibitions applicable to dangerous and obstructive signs in 12 DCMR A § 3107.13 and 3107.14.
5. In § 2501.6, the references to “six (6) square feet” and “one (1) square foot” are corrected to be placed in the DCMR format:
2501.6 A permit is not required for a temporary real estate sign on historic property six square feet (6 sq. ft.) in area or less, or any sign on historic property that is one square foot (1 sq. ft.) in area or less.
6. The term “title” in § 2501.7 is replaced with “subtitle” so as to properly identify which subtitle is being referenced in the rule.
7. The term “commonly” in the third sentence in subsection 2503.5 is replaced with “common.”
8. In § 2505.3(d), the reference to “ten (10) feet” is placed in the proper DCMR format so that the entire paragraph reads as follows:
(d) Pole-mounted signs more than ten feet (10 ft.) in height; and
9. In § 2507.2 through 2507.7, the paragraphs are placed in proper DCMR format, as well as the following measurement references: (1) “forty-two (42) inches” and “eight (8) feet” in § 2507.2; and (2) “eighteen (18) inches” and three (3) square feet” in § 2507.5(b) and (c), respectively, so that the entire subsection reads as follows:
2507.2 Sign placement shall be consistent with the following criteria and considerations:
(a) A sign may be placed only on a portion of the building occupied by the person, business, or entity to which it relates;
(b) A sign band, fascia, or other storefront or building area designed to accommodate signage is the preferred location for sign placement;
(c) In the absence of a sign band or fascia, a flat continuous wall surface, unbroken by decorative detailing and windows, is an appropriate location for signage;
(d) A storefront or show window may be an appropriate location for a sign provided it does not visually overwhelm the storefront or obscure its transparency;
(e) A sign shall not conceal or cover over a character-defining architectural feature, such as a window or door surround, cornice, pilaster, or other decorative or ornamental feature;
(f) A sign shall not conceal or cover over a window or transom. A window sign within a transom or a channel letter sign on top of a show window may be appropriate provided it does not substantially cover the transom;
(g) A sign shall not conceal or cover over a significant site or landscape feature. Sign placement shall avoid known or likely archaeological features; and
(h) A sign shall not project more than forty-two inches (42 in.) beyond the building line or building restriction line. A projecting, hanging, blade, or banner sign shall maintain a minimum clearance of eight feet (8 ft.) above grade.
2507.3 Sign size shall be consistent with the following criteria and considerations:
(a) A sign shall be sized appropriately for its location on a building or site. Signage in a historic district should be generally consistent with the prevailing size of comparable signage in the district;
(b) The maximum size and area limitations established by the D.C. Building Code apply to signs on historic property. Further limitations on size and area may be necessary to achieve compatibility with a historic property or district;
(c) The appropriate size of a sign on historic property shall be determined by and tailored to the specific characteristics of the building or site, the location of the sign on the building or site, and if applicable, the character of the surrounding historic district;
(d) A sign installed on a sign band, fascia, or show window shall fit within the area specifically designed for its installation; and
(e) The aggregate area of all window signs within a storefront or show window shall not exceed twenty percent (20%) of the surface area of that element.
2507.4 Sign material shall be consistent with the following criteria and considerations:
(a) Signage shall be constructed of durable, exterior-grade materials that will retain a high quality appearance;
(b) Painted wood or metal, and other sign materials and finishes that are consistent in character with materials and finishes on the affected building, district, or site are encouraged; and
(c) Shiny plastic and other sign materials and finishes that are not found on or are out of character with the affected building, district, or site are prohibited unless unusual circumstances make them clearly acceptable at the specific building or location.
2507.5 Sign copy shall be consistent with the following criteria and considerations:
(a) Sign copy shall not detract from the visual character of the historic building or district. Generally, copy should be kept simple and the number of words or symbols should be limited to keep the sign easily legible, graphically clear, and free of clutter;
(b) Sign copy should be legible but not out of scale for the historic building or district. Lettering shall be no more than eighteen inches (18 in.) in height unless a variation is dictated by the specific characteristics of the building and the placement of the sign;
(c) A sign listing services, goods, websites, phone numbers, or other detailed information shall be no larger than three square feet (3 sq. ft.) in size; and
(d) Signage using Chinese characters and design elements is encouraged in the Chinatown Overlay District.
2507.6 Sign illumination shall be consistent with the following criteria and considerations:
(a) Sign illumination shall not detract from a historic building or district. At a minimum, illumination of a sign on historic property shall comply with the applicable provisions of the D.C. Building Code;
(b) Low-level illumination for signage is encouraged as a general principle. Intense or overpowering illumination can render an otherwise compatible sign inappropriate for historic property;
(c) Sign illumination shall be appropriate for the location, setting and character of the specific building and site. Certain types of facilities, such as theaters and public buildings, may warrant greater levels of illumination;
(d) The large internally illuminated surface areas of box signs are generally not appropriate for signs on historic property. Internally illuminated channel letter signs are more appropriate and are encouraged as an alternative;
(e) Signs with a diffused source of illumination, such as halo-lit channel letter signs, are encouraged;
(f) Any exterior source of illumination shall direct the light onto the sign, and shall be appropriately shielded to prevent light and glare from shining in the eyes of pedestrians;
(g) Spot lights, hanging lamps, and decorative fixtures may be acceptable methods of external illumination, if the light source is appropriately shielded and of low intensity;
(h) Sodium vapor, mercury vapor, or other metal halide light sources are generally too bright for illuminating signs on historic property and are not permitted;
(i) Neon signs may be permitted if appropriate for the building or district. The use of neon or continuous light-emitting diode (LED) strips as decorative trim or as a building outlining element is not permitted except in the Chinatown area of the Downtown Historic District; and
(j) Sign illumination shall be by steady light only. Pulsing, blinking, or flashing lights are not permitted.
2507.7 Sign installation shall be consistent with the following criteria and considerations:
(a) Signage shall be installed in a manner that minimizes permanent damage to a building. On masonry buildings, signage shall be attached through mortar joints, rather than through masonry units, whenever possible;
(b) Signage shall be installed in a neat and workmanlike manner;
(c) Electrical conduit, transformers, and other electrical equipment for lighting of exterior signs shall be concealed. Raceways shall be as compact as practicable and painted or finished to blend with the wall color behind; and
(d) Ground-mounted signs shall be installed to avoid damage to known or likely archaeological features.
10. The reference to “two (2) square feet” in § 2508.5 is placed in the proper DCMR format so that the entire subsection reads as follows:
2508.5 A permanent sign on historic property relating to the sale, rental, lease, or management of the premises is limited to two square feet (2 sq. ft.) in size.
11. In § 2509.3, the word “the” is repeated between the terms, “is” and “traditional”. The second term “the” is removed.
12. In § 2509.5, the paragraphs and the reference to “twenty (20) square feet” in paragraph (c) are placed in the proper DCMR format so that the entire subsection reads as follows:
2509.5 Signs for historic institutional properties shall be subject to the following provisions:
(a) Traditional institutional building signage shall be placed at an architecturally appropriate location like a frieze or wall surface next to or above an entrance. The determination of an appropriate location is dependent on the architecture of the specific historic building;
(b) Ground-mounted institutional signs shall be located where they do not obscure public views of the building, its entrance, or other significant architectural or site features. Ground-mounted signs shall not be raised on masonry piers;
(c) Institutional signage shall be sized appropriately to its location on the historic building or site. A bulletin sign should not exceed twenty square feet (20 sq. ft.) in area, calculated to include any architectural supports such as piers, bases, and frames;
(d) Institutional signs shall be constructed of materials appropriate for the building, site, or district. Signs of metal, wood, stone and other materials compatible with the building or district are encouraged. Signs of synthetic materials, such as shiny plastic, that are not compatible with the building or district are not permitted; and
(e) Institutional signs shall be illuminated in a manner consistent with and appropriate for their setting. Internally illuminated signs are prohibited unless unusual circumstances make them clearly compatible with the specific building or location.
13. In § 2510.3, the reference to “ten (10) feet” is placed in the proper DCMR format so that the entire subsection reads as follows:
2510.3 New pole-mounted signs on gas stations or other facilities are not permitted to exceed ten feet (10 ft.) in height. Removal of existing pole- mounted signs and replacement with ground-mounted signs or other appropriate signage is encouraged.
14. In § 2512.1, the “title” is replaced with “subtitle” so as to properly identify which subtitle is being referenced in the rule.
15. The references to “twenty (20) square feet” in § 2512.2 and 2512.3 are placed in the proper DCMR format so that the subsections read as follows:
2512.2 HPO shall routinely approve temporary signage to be installed for less than ninety (90) days or that is less than twenty square feet (20 sq. ft.) in size, provided it is installed in a manner that does not cause permanent damage to historic property.
2512.3 HPO shall review a temporary sign to be installed for more than ninety (90) days or that is more than twenty square feet (20 sq. ft.) in size according to the standards and criteria for permanent signs. HPO may grant greater flexibility in terms of size, placement, type, shape, material, and copy, provided that the sign is installed in a manner that does not cause permanent damage to historic property.
16. In § 2515.4 through 2515.10 the paragraphs are corrected to be placed in proper DCMR format, as well as the following references: (a) “sixty (60) inches” in § 2515.6(c); (b) “eight (8) feet” in § 2515.6(d); and (c) “twelve (12) inches” in § 2515.8(a); so that the subsections read as follows:
2515.4 Awning location and configuration shall be consistent with the following criteria:
(a) An awning shall be placed only on a portion of the building occupied by the person, business, or entity to which it relates;
(b) An awning shall relate to a single architectural feature, whether a storefront, window opening, or door opening. An awning shall not be designed as a continuous element that spans multiple storefronts, window openings, or door openings;
(c) An awning shall relate to and fit within the masonry opening or frame of the storefront, window, or door where it is located;
(d) An awning shall not cover or obscure or cover over an ornamental or character-defining feature of a historic property; and
(e) Excessive use of awnings is inappropriate and can make commercial advertising detract from a historic property. Repetitive awnings used as signage or branding on upper floor windows are not appropriate.
2515.5 Awning type and shape shall be consistent with the following criteria:
(a) A shed-style awning is generally the most appropriate form for a flat-topped opening. A barrel-vaulted awning is usually appropriate only for an arched opening. A quarter-round awning is typically appropriate only for an architecturally elaborate façade or storefront;
(b) An awning shall not have a compound shape, such as a shed awning with a barrel-vaulted midsection;
(c) An awning should not be bulky or boxy in appearance. An open-sided configuration is encouraged in order to make the awning appear lightweight and to increase visibility of the window;
(d) Operable and retractable awnings are preferred because this reinforces their accessory nature and allows greater visibility of the building when they are raised;
(e) An awning should be consistent with the prevailing proportions of other awnings in the streetscape. Its angle of slope should be moderate, and neither so steep that the top of the awning looks like a billboard, nor so shallow that the awning looks like a shelf or marquee; and
(f) The underside of an awning shall not be enclosed or boxed in with fabric or other material, unless justified by the specific circumstances of the building or awning installation.
2515.6 Awning dimensions shall be consistent with the following criteria:
(a) An awning shall be appropriate in size and scale for the historic building to which it is attached;
(b) An awning shall be sized to fit the opening where it is installed;
(c) The projection of an awning shall be appropriate for the building to which it is attached. No awning shall project more than sixty inches (60 in.) beyond the building line or building restriction line; and
(d) An awning shall maintain a minimum clearance of eight feet (8 ft.) above the ground.
2515.7 Awning materials shall be consistent with the following criteria:
(a) An awning shall be covered only with canvas, woven acrylic or similar fabric materials. Metal and shiny or glossy materials like vinyl and plastic are not permitted; and
(b) A single solid color material is preferred for awnings. Striped or patterned awnings are discouraged and are not permitted if they would visually detract from the character of the historic building or district.
2515.8 Awning signage characteristics shall be consistent with the following criteria:
(a) The valance of an awning is an appropriate location for signage. Signage shall generally be limited to lettering no taller than twelve inches (12 in.);
(b) A discreet logo may be allowed on the slope of an awning if also permitted by the building code official; and
(c) An awning shall not be used as an oversized sign. An awning or pattern of awnings shall not be used to create supergraphics or branding that is overpowering or detracts from the historic character of the building or district.
2515.9 Awning illumination shall be consistent with the following criteria:
(a) An awning shall not be lighted except as part of general storefront illumination. Translucent backlit awnings and under-mounted lighting of an awning are not permitted;
(b) A sign on the valance of an awning shall not be illuminated; and
(c) Unobtrusive storefront lighting fixtures may be attached to the underside of an awning.
2515.10Awning installation shall be consistent with the following criteria:
(a) An awning shall be attached to a building in a manner that causes the minimum permanent damage. Typically, an awning should be attached to a window frame or storefront surround; and
(b) Attachment of awning frames through masonry is prohibited except in unusual circumstances where it is unavoidable due to specific characteristics of the building.
17. In § 2517.3 and 2517.4, the paragraphs are placed in the proper DCMR format, as well as the reference to “eight (8) feet” in § 2517.3(f); so that the subsections read as follows:
2517.3 A canopy shall be consistent with the following criteria:
(a) An entrance, storefront, or sidewalk café may be an appropriate location for a canopy;
(b) A canopy shall relate to and fit within the masonry opening or frame of a door or storefront. A barrel-vaulted canopy is only appropriate for an arched opening;
(c) A canopy shall not conceal or cover over a door surround or other significant architectural feature of a building;
(d) A shed style canopy should have open sides to increase visibility of the building or its entrance;
(e) The projection of a canopy shall be proportional to the building and appropriate to the streetscape where it is located;
(f) A canopy shall maintain a minimum clearance of eight feet (8 ft.) above grade;
(g) A canopy shall be finished with canvas, woven acrylic or a similar fabric material. Vinyl, plastic, and other shiny or glossy finish materials are not permitted;
(h) Translucent backlit canopies are not permitted. Under-mounted downlighting may be permitted on opaque canopies; and
(i) A canopy shall be attached to a building in a manner that does not cause permanent damage. Typically, a canopy should be attached to a door frame or storefront fascia. Attachment of canopy framing through masonry is prohibited unless justified by the specific characteristics of the building.
2517.4 Signage on a canopy shall be consistent with the following criteria and considerations:
(a) An entrance canopy is an appropriate location for building or occupant identification and the property’s address;
(b) Commercial signage is not permitted on the side of a canopy facing the direction of pedestrian travel along a sidewalk; and
(c) Signage on a canopy shall not be illuminated.
18. In § 2518.1, the term “only” in between “appropriate” and “for” is removed because it
is redundant.
19. In § 2519.4, the paragraphs are corrected to be placed in the proper DCMR format:
2519.4 A marquee is an appropriate location to identify a building, occupant, or address. Signage on a marquee shall be consistent with the following criteria:
(a) Signage on a marquee shall be commensurate with the nature of the establishment it identifies;
(b) Signage for an apartment building or public institution should be restrained and usually not illuminated; and
(c) Signage for a commercial building or theater may be more prominent and brightly illuminated.
20. In the definition for “Building code or D.C. Building Code” in section 9901, the reference to “Title 12A” is reformatting and placed in the proper DCMR format; so that the entire definition reads as follows:
Building code or D.C. Building Code: subtitle A of title 12 of the District of Columbia Municipal Regulations, also known as the Building Code Supplement.
This Errata Notice’s corrections to the final rulemaking published in the D.C. Register on March 19, 2010, are non-substantive in nature and do not alter the intent, application, or purpose of the rules. The text of D.C. Register published at 57 DCR 2281 (March 19, 2010) is corrected accordingly and in consistence with the Historic Preservation Review Board and the District of Columbia Office of Planning’s initial intent.
Any questions or comments regarding this notice shall be addressed by mail to Victor L. Reid, Esq., 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
