Zoning Administrator Interpretations
The Office of the Zoning Administrator (OZA) provides zoning interpretations as additional guidance to applicants when zoning regulations are unclear, in order to allow for consistency and transparency in applying zoning regulations. Interpretations may also be needed when there is disagreement about the meaning or applicability of a particular regulation. For more information on the zoning rules go to Zoning Resources.
1: Roof Membrane and Building Height
OZA measures both building height and the penthouse height from the roof slab level and not the surface of the roof assembly or membrane.
2: Balconies and GFA
View the "chargeability" of the Gross Floor Area (GFA) regarding exterior and inset balconies under the Zoning Regulations.
3: Bay Windows
The Zoning Regulations are silent on bay window projections into yards or courts.
4: Meaning of Abut
The term "Abut" is not defined in the Zoning Regulations. However, 11 DCMR B-100.1(g) directs OZA to Webster’s Unabridged Dictionary for terms not defined in the B-100.1.
5: Use of Parapet as Roof top deck Railings without Setback
Under Section B-308.3 of the Zoning Regulations, up to a 4 foot high parapet on a roof in an R, RF, or RA Zone is allowed to exceed the permitted building height.
6: Pergolas and Trellis Cross Member Spacing to be Excluded from Lot Occupancy
For the framing of a pergola or overhead trellis to be excluded from lot occupancy, the cross members or lattice spacing of the pergola or trellis must be spaced greater than 24 inches on-center.
7: Rooftop Architectural Element
The provision in the Zoning Regulations regarding the preservation of rooftop architectural elements in the RF zones is as follows.
8: Driveway Widths and One-Way vs. Two-Way Circulation
9: Rooftop Dining Areas Adjacent to Partial Floors
The scenario is distinguished from the use of a penthouse and adjacent building rooftop for a bar and/or eating establishment use regulated under 11 DCMR U § 1500.3 (c).
10: Demolition vs Raze for Zoning Purposes
From the Zoning Regulations perspective a complete removal of a building has certain zoning consequences, because an existing building that is referenced in a zoning regulation would no longer exist.
11: Definition of Stove for Kitchen Purposes
A cooking facility is a component of a dwelling unit under 11 DCMR B-100.2.
12: Cellar or Basement over 6’6” where Slab is Lowered is not an Addition
Applicants proposing to change the headroom of an existing basement or cellar with substandard but pre-existing structural headroom of over 6 feet 6 inches must determine is such change constitutes an addition under the Zoning Regulations.
13: Microbreweries in PDR Zones
The classification of the principal use is based upon the percentage of the beverages sold to the patrons for on-site consumption.
14: Signs Not Regulated Under DC Zoning Regulations
The current Zoning Regulations, DCMR Title 11, do not overtly address the regulations of signs.
15: Use of a Vacant Lot for Temporary Construction Activities is a Matter of Right Use
The use of a vacant lot for temporary construction buildings, such as a trailer, is allowed as a matter of right, under 11 DCMR U-202.1(o) in all R- zones.
16: Closed Court Minimum Area- RA Zones
A court surrounded on all sides by the exterior walls of a building, or by exterior walls of a building and a side or rear lot lines, or by alley lines where the alley is less than 10 feet in width.
17: Off Site Parking – Written Agreement
Required parking spaces must be provided at a location that is specified under 11 DCMR C-701.8.
18: Auto Rental Use as in NC Zoning District is permitted within the D, MU, and PDR Zoning Districts
A use that specializes in providing services, that includes rental of automobiles, falls under the “Motor Vehicle-Related” Use Category, under 11 DCMR Subtitle B-200.2 (v) (1).
19: Attic Space of Less than 6 feet, 6 inches is not a Story
As set forth in Subtitle B §§ 100.2 and 304.7 of the Zoning Regulations, an interior space of a building is considered to contain GFA when it has structural headroom of 6 feet 6 inches or greater.
20: Accessory Apartment Uses in R-14, R-16 and R-21 Zones
Sets the minimum GFA required for a principal dwelling in order to have an accessory apartment use for specified zones.
21: Wesley Heights Overlay Map - Required Front Yard Setbacks
Section D-805.1, which denotes the Wesley Heights Overlay map entitled "Required Front Yard Setbacks” for the R-14 and R-15 zones, illustrates the required front yard setback dimensions.
22: Recognition of Existing Record Lots Overlaid by Tax Lots
This interpretation summarizes a recent SOP between OZA and the Office of the Surveyor regarding the condition of a Record Lot that is overlain by an Assessment and Taxation [A&T Lot] or Tax Lot.
23: Vesting of PUD Order does not include Sheeting and Shoring nor Demolition Permits
OZA has a long-standing practice that it will recognize a submitted building permit application that is considered complete for foundation to grade and/or new construction of the permanent building above grade.
24: Difference between Balconies and Rooftop Decks
OZA has had several applications where a portion of a top of a building is being used as an open balcony or deck that is adjacent to a partial top story at the same level.
25: Fences Are Not Generally Subject to Zoning Review
The Zoning Regulations exclude fences from yard setback requirements under Section B-324.1.
26: Automobile Elevators excluded from GFA Calculations
Section B-304.8 excludes certain portions of an interior of a building from the GFA calculation.
27: Extended Stay Hotels
OZA has determined that a Certificate of Occupancy for an existing hotel would not need to be changed to allow an extended stay hotel operation.
28: Accessory Building Summary – RF Zones
Because the Zoning Regulations contain several provisions regarding the regulation of Accessory Buildings, OZA has summarized these regulations in RF zones for clarity.
29: Allow Replacement of Accessory Buildings with Non-Conformities
The OZA's longstanding practice allows accessory buildings that are non-conforming, due to not meeting required yard setbacks and/or contributing to an excessive lot occupancy, to be razed and rebuilt to the same size (footprint and height) at the same location regardless of such non-conformity.
30: ARTS District – Eating and Drinking Establishment Liner Street Frontage Regulation
Under Section K-811.9(a), the amount of street frontage for eating and drinking establishments is limited to not more than 50% of specified blocks in the Mixed-Use Uptown Arts Zones.
31: Zoning Guidance for Medical Cannabis Business Locations
The Medical Cannabis Amendment Act of 2022, effective March 22, 2023 (D.C. Law 24-332; D.C. Official Code § 7-1761.01, et seq.) created six licensing categories for medical cannabis businesses: courier; cultivation center; internet retailer; manufacturer; retailer; and testing laboratory (“Medical Cannabis Businesses”).
32: Applying Inclusionary Zoning Standards to Co-living Dwelling Units
This DOB guidance describes how the Inclusionary Zoning (IZ) regulations (Subtitle C, Chapter 10) apply to co-living dwelling units.