1. (a)

   1. (1) Except as provided in paragraphs (2), (3), (4), and (5) of this subsection, the government shall be subject to zoning.
   2. (2) Any governmental land uses that were either existent or substantially planned, documented, and invested in prior to May 23, 1990, shall not be subject to zoning.
   3. (3) The use of government-owned property on Lot 276 in Square 1282, which is located at 3050 R Street, N.W., as a residential treatment and special education facility for not more than 24 emotionally disturbed children, ages 6 to 12 years, and as a treatment and special education facility for not more than 15 emotionally disturbed children, ages 6-12, who do not reside at the facility, shall not be subject to zoning.
   4. (4) The government’s use of property on the former site of the United States Naval Air Station communications facility located in the northeast corner of the east campus of Saint Elizabeths Hospital as a facility to send and receive 911 or other governmental emergency communications shall not be subject to zoning. Any governmental use of this property for other purposes or any non-governmental use of this property shall be subject to zoning or review and approval by the Council.
   5. (5) The uses of government land for a multi-purpose stadium to serve as a venue for a National Football League team in the District, an accessory office building, accessory parking facilities, and a public sports and recreation facility on a portion of the RFK Campus, as defined by § 47-2002.08(a)(1), shall not be subject to zoning until, with respect to each structure constructed for such uses, after such time as a final certificate of occupancy is issued for the structure.
2. (b) The Mayor shall within 16 months of April 8, 2011, propose amendments to the zoning regulations or maps to eliminate any inconsistency of the zoning regulations with the Land Use Element of the Comprehensive Plan.

Expiration of Law

Section 3 of D.C. Law 17-23 provided:

Expiration of Law 17-23

History

Mar. 16, 1985, D.C. Law 5-187, § 7

as added May 23, 1990, D.C. Law 8-129, § 3(b)(3), 37 DCR 55

Oct. 6, 1994, D.C. Law 10-193, § 3(b)(3), 41 DCR 5536

Mar. 21, 1995, D.C. Law 10-235, §§ 2(l), 4(b), 42 DCR 30

Apr. 27, 1999, D.C. Law 12-275, § 3(c), 46 DCR 1441

Mar. 8, 2007, D.C. Law 16-300, § 4, 54 DCR 924

Oct. 18, 2007, D.C. Law 17-23, § 2, 54 DCR 8009

Mar. 25, 2009, D.C. Law 17-353, § 171, 56 DCR 1117

Apr. 8, 2011, D.C. Law 18-361, § 202, 58 DCR 908

Sept. 26, 2012, D.C. Law 19-171, § 8, 59 DCR 6190

Nov. 21, 2025, D.C. Law 26-54, § 20

Editor's Notes

“This act shall expire on the earlier of the completion of the construction in 2006 through 2008 of the parking structures, including the issuance of a certificate of occupancy for such structures, on the Ballpark Site or December 31, 2008.”

Effective Dates

For effective date of District elements of Comprehensive Plan for the National Capital, see Historical and Statutory Notes following § 1-306.02.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Ballpark Parking Completion Emergency Amendment Act of 2006 (D.C. Act 16-535, December 4, 2006, 53 DCR 9850).

For temporary (90-day) amendment of section, see § 2 of the Comprehensive Plan Land Use Georgetown Flea Market Exemption Emergency Amendment Act of 1999 (D.C. Act 13-253, January 27, 2000, 47 DCR 827).

For temporary amendment of section, see § 2 of the Comprehensive Plan Land Use Antenna Exemption Emergency Amendment Act of 1998 (D.C. Act 12-514, December 9, 1998, 46 DCR 1).

For temporary (90 days) amendment of this section, see § 20 of Robert F. Kennedy Campus Redevelopment Emergency Amendment Act of 2025 (D.C. Act 26-150, Sept. 25, 2025, 72 DCR 10584).

Temporary Legislation

Section 4(b) of D.C. Law 16-251 provided that the act shall expire after 225 days of its having taken effect.

Section 3 of D.C. Law 16-251 provided: “This act shall expire on the earlier of the completion of the construction in 2006 through 2008 of the parking structures on the Ballpark Site or December 31, 2008.”

Section 2 of D.C. Law 16-251, in subsec. (a), in par. (1), substituted “(4), and (5)” for “and (4)”, and added par. (5) to read as follows: “(5) The government’s use of the parking structures that will provide approximately 1,225 parking spaces on areas commonly known as ‘parcel A’ (adjacent to South Capitol Street and N Street, S.E.), ‘parcel B’ (adjacent to N Street and First Street, S.E.), and ‘parcel C’ (adjacent to Potomac Avenue and South Capitol Street, S.E.) within the Ballpark Site, as defined under section 105(a)(2) of the Ballpark Omnibus Financing and Revenue Act of 2004, effective April 8, 2005 (D.C. Law 15-320; D.C. Official Code § 10-1601.05(a)(2)), or Ballpark as defined under D.C. Official Code § 47-2002.05(a)(1)(A), shall not be subject to zoning.”

For temporary (225 day) amendment of section, see § 2 of Comprehensive Plan Land Use Antenna Exemption Temporary Amendment Act of 1998 (D.C. Law 12-218, April 13, 1999, law notification 46 DCR 3840).

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 validated the date change made by D.C. Law 18-361 in (b).

D.C. Law 18-361, in subsec. (b), substituted “April 8, 2011” for “March 8, 2007”.

D.C. Law 17-353 validated a previously made technical correction in subsec. (b).

The amendments to this section made by D.C. Law 17-23 expired on December 31, 2008, pursuant to section 3 of D.C. Law 17-23.

D.C. Law 17-23, in subsec. (a)(1), substituted “(4), and (5)” for “and (4)”; and added subsec. (a)(5), which read as follows: “(5) The government’s use of the parking structures that will provide approximately 1,325 parking spaces on areas commonly known as ‘parcel A’ (adjacent to South Capitol Street and N Street, S.E.), ‘parcel B’ (adjacent to N Street and First Street, S.E.), and ‘parcel C’ (adjacent to Potomac Avenue and South Capitol Street, S.E.) within the ballpark site, as defined under § 10-1601.05(a)(2), or ballpark, as defined under § 47-2002.05(a)(1)(A), shall not be subject to zoning.”

D.C. Law 16-300, in subsec. (b), substituted “March 8, 2007” for “April 27, 1999”.

Prior Codifications

1981 Ed., § 1-250.

2001 Ed., § 1-301.68.