6069307 Zoning Commission Notice of Proposed Rulemaking: Case No. 08-06D (Text Amendment – 11 DCMR: SUBTITLE G - Technical Corrections to Z.C. Order 08-06A)  

  • ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

     

    NOTICE OF PROPOSED RULEMAKING

    Z.C. Case No. 08-06D

    (Text Amendment – 11 DCMR)

    Technical Corrections to Z.C. Order 08-06A

     

    The Zoning Commission for the District of Columbia, (Commission) pursuant to its authority under § 1 of the Zoning Act of 1938, approved June 20, 1938, as amended (52 Stat. 797; D.C. Official Code § 6‑641.01 (2012 Repl.)), hereby gives notice of its intent to amend the newly adopted, but not yet effective, version of the Zoning Regulations (Title 11 of the District of Columbia Municipal Regulations (DCMR)) to make minor modifications and technical corrections to the amendments made by Z.C. Order 08-06A (Order). The Order, which took the form of a Notice of Final Rulemaking, adopted comprehensive amendments to the Zoning Regulations that will become effective on September 6, 2016 (2016 Regulations). The Commission adopted the 2016 Regulations through a Notice of Final Rulemaking published in Part II of the March 4, 2016 edition of the District of Columbia Register

     

    A full explanation for the corrections and modifications proposed may be found in the Office of Planning Report, which appears as Exhibit 1 in this case, and which may be accessed on the Office of Zoning Website at http://dcoz.dc.gov.

     

    Final rulemaking action shall be taken not less than thirty (30) days from the date of publication of this notice in the D.C. Register although the amendments, if adopted, will not become effective until September 6, 2016.


    The following amendments to the 2016 Regulations (11 DCMR) are proposed (additions are shown in bold underlined text; deletions are shown in strikethrough text):

     

    Subtitle A, AUTHORITY AND APPLICABILITY, is amended as follows:

     

    Chapter 3, ADMINISTRATION AND ENFORCEMENT, is amended as follows:

     

    Section 304, DEVIATIONS AND MODIFICATIONS PERMITTED BY ZONING ADMINISTRATOR'S RULING, is amended as follows:

     

    Subsection 304.1 is amended to read as follows:

     

    304.1               The flexibility or deviation provided by this section shall not be applicable to properties in the RF zones for any calculation or for determining compliance with Subtitle U §§ 301.2 or 320.2.

     

    Subsection 304.2, paragraph (d), is amended to read as follows:

     

    304.1               The Zoning Administrator is authorized to permit the following deviations, for building permits that are not otherwise authorized by an approved order of the Zoning Commission, if the Zoning Administrator determines that the deviation or deviations will not impair the purpose of the otherwise applicable regulations:

     

                            …[1]

     

    (d)       Deviations not to exceed two percent (2%) of the linear frontage limitation for eating/drinking establishments in Subtitle K § 811.7 811.9(a).

    Subtitle B, DEFINITIONS, RULES OF MEASUREMENT, AND USE CATEGORIES, is amended as follows:

    Chapter 1, DEFINITIONS, is amended as follows:

    Section 100, DEFINITIONS, § 100.2, is amended as follows:

     

    The definitions of “Emergency Shelter”, “Home Occupation”, and “Use, Principal”, are amended as follows:

     

    Emergency Shelter:  A facility providing temporary housing for one (1) or more individuals who are otherwise homeless as that arrangement is defined in the Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code §§ 4-751.01 et seq.); an emergency shelter use may also provide ancillary services such as counseling, vocational training, or similar social and career assistance.

     

    Home Occupation: An accessory use, including a business, profession, or other economic activity, which is conducted full-time or part-time in a dwelling unit or its accessory building or accessory structure that serves as the principal residence of the practitioner.

     

    Use, Principal: The primary purpose or activity for which a lot, structure, or building is occupied.

     

    By inserting in alphabetical order a new definition, “Retaining Wall”, to read as follows:

     

    Retaining Wall: A vertical, self-supporting structure constructed of concrete, durable wood, masonry or other materials, designed to resist the lateral displacement of soil or other materials.  The term shall include concrete walls, crib and bin walls, reinforced or mechanically stabilized earth systems, anchored walls, soil nail walls, multi-tiered systems, boulter walls, or other retaining structures.

    Chapter 2, USE CATEGORIES, is amended as follows:

    Section 200, INTRODUCTION, § 200.2, is amended as follows:

    By deleting § 200.2(n), Emergency Shelter, in its entirety, and renumbering the subsequent paragraphs accordingly.

    (n)        Emergency Shelter:

    (1)        A use providing thirty (30) days or less of temporary housing to indigent, needy, homeless, or transient individuals; and

    (2)        Emergency shelter uses may also provide ancillary services such as counseling, vocational training, or similar social and career assistance;

     

    By amending renumbered Subparagraph 200.2(aa)(3) to read as follows:

     

    (aa)      Production, Distribution, and Repair: 

     

     

    (3)        Examples include, but are not limited to: manufacturing facility, concrete plant, asphalt plant, material salvage, hauling or terminal yard, chemical storage or distribution, outdoor material storage, acetylene gas manufacturing, fertilizer manufacturing, rock quarrying, warehouse, storage, self-storage, ground shipping facility, or wholesale sales; and;

     

    Chapter 3, GENERAL RULES OF MEASUREMENT, is amended as follows:

     

    Section 315, RULES OF MEASUREMENT FOR FRONT SETBACKS FOR RESIDENTIAL HOUSE (R) ZONES, § 315.2, is amended as follows:

    315.2               A building façade shall be the façade of a building exclusive of the projections permitted through Subtitle B § 333 323.

     

    Section 318, RULES OF MEASUREMENT FOR REAR YARDS, is amended by inserting new §§ 318.7 and 318.8, to read as follows, and renumbering the subsequent subsections accordingly:

     

    318.7               In the case of a corner lot in the MU-8, MU-9, MU-20, MU-21, NC-13, and CG-3 zones, a court complying with the width requirements for a closed court as applicable for each zone may be provided in lieu of a rear yard.  For the purposes of this section, the required court shall be provided above a horizontal plan beginning not more than twenty feet (20 ft.) above the curb grade opposite the center of the front of the building and the width of the court shall be computed for the entire height of court.

     

    318.8               In the case of a through or corner lot abutting three (3) or more streets, the depth of rear yard may be measured from the center line of the street abutting the lot at the rear of the structure.

     

    Subtitle C, GENERAL RULES is amended to follows:

     

    Chapter 6, GREEN AREA RATIO, is amended as follows:

     

    Section 601, APPLICABILITY OF GREEN AREA RATIO STANDARDS, § 601.3, is amended to revise the introductory paragraph of § 601.3 to read as follows:

    601.3               The GAR standards set forth in this chapter shall apply to all new buildings and to all existing buildings where any additions, interior renovations, or both within any twelve (12) month period exceed one hundred percent (100%) of the assessed value of the building as set forth in the records of the Office of Tax and Revenue as of the date of the building permit application, except:

                            …

     

    Chapter 7, VEHICLE PARKING, is amended as follows:

     

    Section 701, MINIMUM VEHICLE PARKING REQUIREMENTS, § 701.5, is amended as follows:

     

    Table C § 701.5: PARKING REQUIREMENTS, the Use Category “Education, college/university” is amended to read as follows:

     

    TABLE C § 701.5:  PARKING REQUIREMENTS

     

    Use Category

    Minimum number of vehicle parking spaces

    Education, college/university

    As per approved campus plan

    For each building: 2 for each 3 teachers; plus either 1 for each 10 classroom seats or 1 for each 12 stadium seats or 1 for each 10 auditorium seats, whichever is greater, except if a campus plan has been approved by the Zoning Commission or the Board of Zoning Adjustment for the college or university, in which case the parking shall be provided as set forth in the approved campus plan.

     

    Section 706, MAXIMUM PARKING REQUIREMENTS, § 706.1, is amended to read as follows:

     

    706.1               The maximum land area for all newly constructed parking areas, and for parking areas that increase the number of parking spaces or the land area by twenty-five percent (25%) or more, shall be no above-grade parking area built or expanded to exceed one hundred thousand square feet (100,000 sq. ft.) in land area.

     

    Section 709, RULES OF CALCULATION, is amended by inserting a new § 709.4 to read as follows, and renumbering the subsequent subsections:

     

    709.4               The number of teachers or employees shall be computed on the basis of the greatest number of persons to be employed at any one period during the day or night, including persons having both full-time and part-time employment.

     

    Section 715, LANDSCAPING REQUIREMENTS FOR SURFACE PARKING, is amended to revise its title to read as follows:

     

    715                  LANDSCAPING REQUIREMENTS FOR SURFACE PARKING LOTS

     

    Chapter 8, BICYCLE PARKING, § 806, REQUIREMENTS FOR SHOWERS AND CHANGING FACILITIES, is amended to revise its title to read as follows:

     

    806                  REQUIREMENTS FOR SHOWERS AND CHANGING FACILITIES – NON RESIDENTIAL USES

     

    Chapter 10, INCLUSIONARY ZONING, is amended as follows:

     

    Section 1001, APPLICABILITY, § 1001.2, paragraph (a), is amended to read as follows:

     

    1001.2             Except as provided in Subtitle C § 1001.5, the requirements and modifications of this chapter shall apply to developments meeting the following criteria:

     

    (a)        Are mapped in the R-2, R-3, R-10, R-13, R-17, or R-20, RA-1 through RA-4, RA-6, RA-7, RA-8, or RA-9 zone; any RF, RA, ARTS, CG, RC, USN, STE, or HE zone; the NC-1 through NC-5 or NC-9 NC-7 through NC-13 zone; the MU-1 through MU-10 or MU-12 through MU-29 MU-26, MU-28, or MU-29 zone; or the D-2 or D-4 zone; and 

     

     

    Section 1002, BONUSES AND ADJUSTMENTS TO INCENTIVIZE INCLUSIONARY UNITS, § 1002.2, is amended as follows:

     

    1002.2             Inclusionary residential developments in the zones identified in the following table may use the minimum lot dimensions identified in the table in lieu of the otherwise required lot dimension required by Subtitles D and E:

     

     

     

     

    TABLE C § 1002.2:  IZ DIMENSIONAL MODIFICATIONS FOR LOWER DENSITY ZONES

    Base Zone

    IZ Dimensional Modifications for Lower Density Zones

    Minimum Lot Area

    Minimum Lot Width

    Minimum Lot Width with Special Exception

    R-2, R-10 Detached

    3,200 sq. ft.

    40

    32

    R-2, R-10 Semi-Detached

    2,600 sq. ft.

    30

    25

    R-3, R-13, R-17, R-20

    1,600 sq. ft.

    20

    16

    RF-1, RF-2, RF-3  RF-4, RF-5

    1,500 sq. ft.

    18

    16

     

    Subsection 1002.3 is amended to striking the existing text and replacing is with new text as follows

    1002.3           Inclusionary residential developments in the following zones governed by Subtitles F, G, H, I, or K may construct bonus density of up to an additional twenty percent (20%) gross floor area (bonus density) than permitted as a matter-of-right subject to all other zoning requirements of their zone: 

    (1)        All RA zones;

    (2)        MU-3, MU-4, MU-12, MU-13, MU-17, MU-18, MU-19, MU-24    through MU-29, and RC-2 zones;

    (3)        NC-1, NC-2-, NC-3, NC-5, NC-10, NC-12, NC-14, and NC-16 zones;

    (4)        D-2 and D-4 zones;

    (5)        USN and CG zones; and

     

    (6)        HE zones, subject to the development standards in Subtitle K § 402.1.

     

    Inclusionary developments subject to the provisions of this chapter, except those located in the StE and HE zone districts, may construct up to twenty percent (20%) more gross floor area than permitted as a matter of right ("bonus density"), subject to all other zoning requirements (as may be modified by the zone district) and the limitations established by the Height Act. 

     

    Chapter 14, RETAINING WALLS, is amended as follows:

     

    Section 1401, GENERAL PROVISIONS, §§ 1401.3 and 1403.4, are amended to read as follows:

     

    1401.2             Subject to the height limitations of Subtitle C §§ 1401.4 through 1401.7 1401.3 through 1401.6, the maximum height of a retaining wall shall be six feet (6 ft.).

    1401.3             A retaining wall shall not exceed four feet (4 ft.) in height in the following locations, unless a lower height is required by Subtitle C §§ 1401.5 and 1401.6:

    (a)        Along a street frontage or property line;
    (b)        Within any required side setback;
    (c)        In the R-1, R-1-A, R-1-B, R-6, R-7, R-8, R-9, R-11, R-12, R-14, R-15, R-16, R-19, and R-21 zones, within twenty-five feet (25 ft.) of the rear property line, as measured from the rear property line inward; and
    (d)       In the R-2, R-3, R-10, R-13, R-17, R-20, and RF zones, within twenty feet (20 ft.) of the rear property line, as measured from the rear property line inward.

     

    Subtitle D, RESIDENTIAL HOUSE (R) ZONES, is amended as follows;

     

    Chapter 2, GENERAL DEVELOPMENT STANDARDS (R), is amended as follows:

     

    Section 202, LOT OCCUPANCY, is amended by adding a new § 202.2 to read as follows:

     

    202.2               In the R zones, a place of worship shall be permitted a lot occupancy of sixty percent (60%) maximum, unless otherwise limited by the specific zone.

     

    Chapter 7, NAVAL OBSERVATORY RESIDENTIAL HOUSE ZONES – R-12 AND R-13, is amended as follows:

     

    Section 707, SIDE YARD, is amended by adding a new § 707.4 to read as follows, and renumbering the subsequent subsections:

    707.4               In the R-13 zone, when a single dwelling unit, flat, or multiple dwelling unit development is erected that does not share a common division wall with an existing building or a building being constructed together with the new building, it shall have a side yard on each resulting free-standing side.

     

    Chapter 12, GEORGETOWN RESIDENTIAL HOUSE ZONES – R‑19 AND R-20, is amended as follows:

     

    Section 1201, DEVELOPMENT STANDARDS, § 1201.1, is amended to read as follows:

     

    1201.1             The development standards in Subtitle D §§ 1102 1202 through 1109 1209 modify the general development standards in Subtitle D, Chapter 2.

     

    Section 1202, DENSITY- LOT DIMENSIONS, § 1202.1, is amended as follows:

     

    TABLE D § 1202.1:  MINIMUM LOT WIDTH AND MINIMUM LOT AREA REQUIREMENTS, is amended as follows:

     

    TABLE D § 1102.1 1202.1:  MINIMUM LOT WIDTH AND MINIMUM LOT AREA REQUIREMENTS

     

    Chapter 51, ALLEY LOT REGULATIONS FOR R ZONES, is amended as follows:

     

    Section 5103, LOT OCCUPANCY, is amended to read as follows:

    5103.1             A building or structure shall not occupy an alley lot in excess of the maximum lot occupancy as set forth in the following table:

     

    TABLE D § 5103.1: MAXIMUM LOT OCCUPANCY FOR AN ALLEY LOT

     

    Alley Lot Size

    Maximum Lot Occupancy

    Less than 1,800 sq. ft.

    100%N/A

    Between 1,800 sq. ft. and 2,000 sq. ft.

    90%

    Larger than 2,000 sq. ft.

    80%

     

    Subtitle E,  RESIDENTIAL FLAT (RF) ZONES, is amended as follows:

     

    Chapter 2, GENERAL DEVELOPMENT STANDARDS (RF), is amended as follows:

     

    Section 201, DENSITY – LOT DIMENSIONS, is amended by adding a new § 201.4 to read as follows, and renumbering the subsequent subsections:

     

    201.4               An apartment house in an RF-1, RF-2, or RF-3 zone, whether existing before May 12, 1958, or converted pursuant to the 1958 Regulations, or pursuant to Subtitle U §§ 301.2 or 320.2, may not be renovated or expanded so as to increase the number of dwelling units unless there are nine hundred square feet (900 sq. ft.) of lot area for each dwelling unit, both existing and new.

     

    By inserting a new § 206, ROOF TOP OR UPPER FLOOR ADDITIONS, to read as follows:

     

    206                  ROOF TOP OR UPPER FLOOR ADDITIONS

    206.1               In an RF zone district, the following provisions shall apply:

    (a)               A roof top architectural element original to the building such as a turret, tower or dormers, shall not be removed or significantly altered, including changing its shape or increasing its height, elevation, or size;

    (b)               Any addition, including a roof structure or penthouse, shall not block or impede the functioning of a chimney or other external vent on an adjacent property required by any municipal code; and

    (c)                Any addition, including a roof structure or penthouse, shall not interfere with the operation of an existing or permitted solar energy system on an adjacent property, as evidenced through a shadow, shade, or other reputable study acceptable to the Zoning Administrator.

    206.2               In an RF zone district, relief from the design requirements of Subtitle E § 206.1 may be approved by the Board of Zoning Adjustment as a special exception under Subtitle Y Chapter 9, subject to the conditions of Subtitle E § 5203.3.

     

    Chapter 3, RESIDENTIAL FLAT ZONE – RF-1, is amended as follows:

     

    Section 302, MAXIMUM NUMBER OF DWELLING UNITS, is amended to read as follows:

     

    302.2               A building or structure existing before May 12, 1958 in the RF-1 zone may be used for more than two (2) dwelling units pursuant to Subtitle E, Chapter 7 Subtitle U, Chapter 3.

     

    Chapter 50, ACCESSORY BUILDING REGULATIONS FOR RF ZONES, is amended as follows:

     

    Section 5001, DEVELOPMENT STANDARDS, is amended to read as follows:

     

    5001.1             The bulk of accessory buildings in the RF zones shall be controlled through the development standards in Subtitle E §§ 802 5002 through 806 5006.

     

    Chapter 51, ALLEY LOT REGULATIONS, is amended as follows:

     

    Section 5103, LOT OCCUPANCY, is amended to read as follows:

     

    5103.1             A building or structure shall not occupy an alley lot in excess of the maximum lot occupancy as set forth in the following table:

     

    TABLE F § 903.15103.1: MAXIMUM PERMITTED LOT OCCUPANCY FOR AN ALLEY LOT

     

    Alley Lot Size

    Maximum Lot Occupancy

    Less than 1,800 sq. ft.

    100%N/A

    Between 1,800 sq. ft. and 2,000 sq. ft.

    90%

    Larger than 2,000 sq. ft.

    80%

     

    Chapter 52, RELIEF FROM DEVELOPMENT, is amended as follows:

     

    Section 5203, BUILDING HEIGHT, Subsection 5203.1, paragraph (f), is amended as follows:

     

    5203.1             The Board of Zoning Adjustment may grant as a special exception a maximum building height for a principal residential building and any additions thereto of forty feet (40 ft.) subject to the following conditions:

     

                            …

     

    (f)        In demonstrating compliance with Subtitle E § 5204.1(e)5203.1(e) the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the conversion and any associated addition to adjacent buildings and views from public ways.

    Subsection 5203.2, is amended to read as follows:

     

    5203.2            The Board of Zoning Adjustment may modify or waive not more than two (2) of the requirements specified in Subtitle E §§ 5204.1 5203.1(a) through (f) provided, that any modification or waiver granted pursuant to this section shall not be in conflict with Subtitle E § 5204.1(e) 5203.1(e).

    A new § 5203.3 is inserted to read as follows and the subsequent subsection is renumbered as § 5203.4:

     

    5203.3             A special exception to the requirements of Subtitle E § 206 shall be subject to the conditions of Subtitle E § 5203.1(b), (c), and (d).  If relief is granted from compliance with Subtitle E § 206.1(b) or (c), the special exception shall not be conditioned upon compliance with that same requirement as stated in Subtitle E § 5203.1(b)(3) and (4).

     

    Subtitle F, RESIDENTIAL APARTMENT (RA) ZONES, is amended as follows:

     

    Chapter 2, GENERAL DEVELOPMENT STANDARDS (RA), is amended as follows:

     

    Section 202, COURTS, is amended to read as follows:

     

    202.1               A court is not required, but if provided, it shall have the following minimum dimensions:

    TABLE F § 202.1: MINIMUM COURT DIMENSIONS

     

    Type of Structure

    Minimum Width Open Court

    Minimum Width Closed Court

    Minimum Area Closed Court

    Residential, more than 3 units:

    4 in./ft. of height of court; but not less than  10 ft. minimum

    4 in./ft. of height of court; but not less than  15 ft. minimum

    Twice the square of the required width of court dimension; but not less than 350 sq. ft. minimum.

    Non-Residential and Lodging:

    2.5 in./ft. of height of court; but not less than 6 ft. minimum

    2.5 in./ft. of height of court; but not less than 12 ft. minimum

    Twice the square of the required width of court dimension; but not less than  250 sq. ft. minimum

     

    Chapter 3, RESIDENTIAL APARTMENT ZONES – RA-1, RA-2, RA-3, RA-4, AND RA-5), is amended as follows:

     

    Section 305, REAR YARD, is amended to read as follows:

     

    305.1               A minimum rear yard shall be established for lots in the RA-1, RA-2, RA 3, RA-4 and RA-5 zones as set forth in the following table:

     

    TABLE F § 304.1: MINIMUM REAR YARD

     

    Zone

    Minimum Rear Yard

    RA-1

    20 ft.

     

    RA-2

    15 ft.; or

    A distance equal to 4 in. per 1 ft. of principal building height but not less than 15 ft.

     

    RA-3

    15 ft.; or

    A distance equal to 4 in. per 1 ft. of principal building height but not less than 15 ft.

     

    RA-4

    15 ft.; or

    A distance equal to 4 in. per 1 ft. of principal building height but not less than 15 ft.

     

    RA-5

    12 ft.; or

    A distance equal to 3 in. per 1 ft. of principal building height but not less than 12 ft.

     

     

     

    Subtitle G,  MIXED-USE (MU) ZONES, is amended as follows:

     

    Chapter 4, MIXED-USE ZONES - MU-3, MU-4, MU-5, MU-6, MU-7, MU‑8, MU-9, AND MU-10, is amended as follows:

     

    Section 404, LOT OCCUPANCY, is amended to read as follows:

    404.1               The maximum permitted lot occupancy for residential use in the MU-3 through MU-10 zones shall be as set forth in the following table:

    TABLE G § 404.1: MAXIMUM PERMITTED LOT OCCUPANCY

     

    Zone

    Maximum Lot Occupancy for Residential Use

    MU-3

    60%

    60% (IZ)

    MU-4

    60%

    75% (IZ)

    MU-5-A

    MU-5-B

    80%

    80% (IZ)

    MU-6

    80%

    90% (IZ)

    MU-7

    75%

    80% (IZ)

    MU-8

    100%N/A

     

    MU-9

    100%N/A

     

    MU-10

    75%

    100%N/A (IZ)

     

    Chapter 6, DUPONT CIRCLE MIXED-USE ZONES – MU-15, MU-16, MU‑17, MU-18, MU-19, MU-20, MU-21, AND MU-22, is amended as follows:

     

    Section 608, PLAZA, is amended by deleting §§ 608.3 and 608.4 as follows:

     

    608.3               SPECIAL EXCEPTION

     

    608.4               The special exception criteria of Subtitle G, Chapter 12 shall apply to all MU-13 through MU-22 zones.

    A new § 609, SPECIAL EXCEPTION, is added to read as follows:

     

    609                  SPECIAL EXCEPTION

     

    609.1               The special exception criteria of Subtitle G, Chapter 12 shall apply to all MU-13 through MU-22 zones.

     

    Subtitle H, NEIGHBORHOOD MIXED-USE (NC) ZONES, is amended as follows:

     

    Chapter 9, H STREET NORTHEAST NEIGHBORHOOD MIXED-USE ZONES ― NC-9 THROUGH NC-17, is amended as follows:

     

    Section 904, LOT OCCUPANCY, § 904.1, is amended as follows:

     

    904.1               The maximum permitted lot occupancy in the NC-9 through NC-17 zones shall be as set forth in the following table:

     

    TABLE H § 904.1: MAXIMUM PERMITTED FLOOR AREA RATIO

     

    Zone

    Maximum Lot Occupancy

    for a Building or Portion Thereof Devoted to Residential Use (Percentage)

    Maximum Lot Occupancy

    All Other Buildings

    (Percentage)

    NC-9, NC-14, and NC-16

    70

    100

    75 (IZ)

    NC-12 and NC-15

    75

    100

    80 (IZ)

    NC-10, NC-11, and NC-17

    8070

    100

    80 (IZ)

    NC-13

    100

    100

     

    A new § 904.2 is added to read as follows:

     

    904.2               For the purposes of Subtitle H § 904.1, "residential uses" include single dwelling units, flats, multiple dwelling unit developments, and rooming and boarding houses.

     

    Section 909, DESIGN REQUIREMENTS – H STREET NORTHEAST NEIGHBORHOOD MIXED USE ZONES, § 909.1, paragraph (b), is amended to read as follows:

     

    909.1               The following design requirements apply to all new construction for which a building permit is required in the H Street Northeast Neighborhood Mixed-Use zones:

                            …

     

    (b)        For the purposes of Subtitle H § 903.1, "residential uses" include single dwelling units, flats, multiple dwelling unit developments, and rooming and boarding houses New construction that preserves an existing façade constructed before 1958 is permitted to use, for residential uses, an additional 0.5 FAR above the total density permitted in the underlying zone district for residential uses;

     

     …

     

    Subtitle J,  PRODUCTION, DISTRIBUTION, AND REPAIR (PDR) ZONES, is amended as follows:

     

    Chapter 3, ALLEY LOT REGULATIONS, is amended as follows:

     

    Section 301, DEVELOPMENT REGULATIONS FOR BUILDINGS ON ALLEY LOTS, is amended to read as follows:

    301.2               The following development standards shall apply to buildings on alley lots in PDR zones:

     

    TABLE J § 301.2: ALLEY LOT DEVELOPMENT STANDARDS

     

    Maximum Lot Occupancy

    GAR

    Rear Yard Min.

    Side Yard Min.

    Alley Centerline Yard Min.

    100%N/A

    As required by applicable zone

    5 ft. from any lot line of all abutting non-alley lots

    12 ft. from the centerline of all alleys to which the alley lot abuts

     

    Subtitle K, SPECIAL PURPOSE ZONES, is amended as follows:

     

    Chapter 7, REED-COOKE ZONES - RC-1 THROUGH RC-3, is amended as follows:

     

    Section 703, LOT OCCUPANCY (RC), is amended as follows:

    703.1               No structure, including its accessory building, shall occupy its lot in excess of the percentage of lot occupancy set forth in the following table:

    TABLE K § 703.1:  MAXIMUM PERMITTED LOT OCCUPANCY

     

    Zone

    Use

    Maximum Lot Occupancy

    RC-1

    Pub Rec Center

    20%

    All Other

    60 %

    RC-2

    Residential

    60 %

    Residential with IZ

    75%

    All Other

    100%N/A

    RC-3

    Residential

    80%

    Residential with IZ

    80%

    All Other

    100%N/A

     

    Chapter 9, WALTER REED ZONES – WR-1 THROUGH WR-8, is amended as follows:

     

    Section 904, WR-4 ZONE, § 904.2, is amended to read as follows:

    904.2               The development standards for the WR-4 zone are set forth in the following table:

    TABLE K § 904.2:  WR-4 DEVELOPMENT STANDARDS

    WR-4

    Sub-Area

    Building Height (max.)

    Stories (max.)

    Floor Area Ratio (max.)

    Lot Occupancy (max.)

    Setbacks

    Land Bay H.1

    40 ft.

    3

    1.0

    60%

    See § 904.3

    Land Bays H.2 and H.3

    40 ft.

    3

    2.0

    100%N/A

    See § 904.3

    Land Bays G.1 and G.5

    50 ft.

    4

    1.75

    75%

    n/a

    Land Bay G.3

    40 ft.

    4

    0.9

    60%

    See § 904.4

    Land Bay J.6

    55 ft.

    4

    1.15

    50%

    n/a

     

    Subtitle W, SPECIFIC ZONE BOUNDARIES, is amended to read as follows:

     

    Chapter 1, BOUNDARIES, is amended as follows:

     

    Section 116, SIXTEENTH STREET HEIGHTS ZONES, is amended to read as follows:

    116                  SIXTEENTH STREET HEIGHTS ZONES

    116.1               The Sixteenth Street Heights zones (R-17 and R-18) apply to all properties zoned R-17 and R-18 R-16.

    116.2               The R-17 R-16 zone encompasses the geographic area in northwest Washington generally bounded by 16th Street and Rock Creek Park on the west, Military Road and Missouri Avenue on the north, and 14th Street on the east, and Colorado Avenue on the southeast and the geographic area in northwest Washington generally bounded by 16th Street on the west, Colorado Avenue on the north, 14th Street on the east, and Decatur Street to the southThis zone is applied to properties zoned R-17 R-16 in the following Squares and portions of squares: 2708, 2709, 2710, 2711, 2712, 2713, 2714, 2715, 2716, 2718, 2719, 2720, 2720W, 2721, 2721W, 2722, 2722W, 2723, 2723W, 2724, 2724W, 2725, 2741, 2742, 2796, and 2799.

     

    116.3               The R-18 zone encompasses the geographic area in northwest Washington generally bounded by 16th Street on the west, Colorado Avenue on the north, 14th Street on the east, and Decatur Street to the south.  This zone is applied to properties zoned R-18 in the following squares and portions of squares:  2708, 2709, 2710, 2711, 2712, 2713, 2714, 2715, and 2716.

     

     

    All persons desiring to comment on the subject matter of this proposed rulemaking action should file comments in writing no later than thirty (30) days after the date of publication of this notice in the D.C. Register.  Comments should be filed with Sharon Schellin, Secretary to the Zoning Commission, Office of Zoning, through the Interactive Zoning Information System (IZIS) at http://app.dcoz.dc.gov/Login.aspx; however, written statements may also be submitted by mail to 441 4th Street, N.W., Suite 200-S, Washington, D.C. 20001; by e-mail to zcsubmissions@dc.gov; or by fax to (202) 727-6072.  Ms. Schellin may be contacted by telephone at (202) 727-6311 or by email at Sharon.Schellin@dc.gov.  Copies of this proposed rulemaking action may be obtained at cost by writing to the above address.

     

     

     

     



    [1]  The uses of this and other ellipses indicate that other provisions exist in the subsection being amended and that the omission of the provisions does not signify an intent to repeal.