D.C. Mun. Regs. tit. 10-A, § 224
224.1 Taken together, the forces driving change, growth projections, and guiding principles in the Framework Element provide a foundation for planning the future of the District of Columbia. The subsequent elements of the Comprehensive Plan following this Framework Element examine these conditions in much more detail and outline the journey from vision to reality.
224.2 The Comprehensive Plan provides direction to many District agencies in several important ways. One way is its role in careful land-use decisions that accommodate growth and ensure that the city is an inclusive and desirable place to live and work. Another is through continuing consideration of the plan's infrastructure priorities to inform the District's Capital Improvement Plan.
224.3 The Comprehensive Plan and Zoning Regulations are linked in law, and subsequently in application. A Congressional Act of June 20, 1938 established that zoning "regulations shall be made in accordance with a comprehensive plan...". In 1973, the District of Columbia Home Rule charter included changes to the 1938 Act, as follows: "Zoning maps and regulations, and amendments thereto, shall not be inconsistent with the comprehensive plan for the national capital" (emphasis added). The relationship between the Comprehensive Plan and the District's Zoning Regulations, and how these are used in the city's development review process, is described below.
224.4 The Comprehensive Plan, which includes a Generalized Policy Map and a Future Land Use Map, provides generalized guidance. The Generalized Policy Map provides guidance on whether areas are designated for conservation, enhancement, or change, as explained in Section 225. The Future Land Use Map shows anticipated future land uses, which may be the same, or different than, the current land uses. Both maps are part of the adopted Comprehensive Plan and the categories used for each map are described later in this Framework.
224.5 Small Area Plans are prepared with community input, to provide more detailed planning guidance, and typically are approved by resolution of the Council. Unless a Small Area Plan has been made binding on the Zoning Commission through its enactment as part of a Comprehensive Plan amendment, a Small Area Plan provides only supplemental guidance to the Zoning Commission and it does so only to the extent it does not conflict with the Comprehensive Plan.
224.6 The Zoning Commission is required to use the Comprehensive Plan in its land use decision-making. The Zoning Commission may amend the District of Columbia zoning map in two ways, both requiring a finding of "not inconsistent with the Comprehensive Plan." The first way is to establish a zone district for a specific parcel or an area of land. A zone district specifies uses allowed as a matter-of-right
or through a special exception, and development standards such as maximum density, height, and lot occupancy.
224.7 The second way is through a Planned Unit Development (PUD), often for sites that have more than one parcel or building. The goal of a PUD is to permit development flexibility greater than specified by matter-of-right zoning, such as increased building height or density, provided that the project offers a commendable number or quality of public benefits, and protects and advances the public health, safety, welfare, and convenience. These public benefits should be lasting and are developed through discussions between developers, District representatives, Advisory Neighborhood Commissions, civic organizations, and the community. As part of the PUD process, the Zoning Commission may include a zoning map amendment for the purpose of the PUD, which is applicable only for the duration of the PUD, and subject to PUD conditions. The PUD process is not to be used to circumvent the intent and purposes of the Zoning Regulations or result in an action inconsistent with the Comprehensive Plan. In considering whether a PUD is "not inconsistent" with the Comprehensive Plan, it is appropriate to consider the context of the entire site, such as aggregating density on one portion so as to increase open space on another portion - achieving an overall density that is consistent with the Plan.
224.8 In its decision-making, the Zoning Commission must make a finding of "not inconsistent with the Comprehensive Plan." To do so, the Zoning Commission must consider the many competing, and sometimes conflicting, policies of the Comprehensive Plan, along with the various uses, development standards and requirements of the zone districts. It is the responsibility of the Zoning Commission to consider and balance those policies relevant and material to the individual case before it in its decision-making, and clearly explain its decision-making rationale.
224.9 Specific public benefits are determined through each PUD application and should respond to critical issues facing the District as identified in the Comprehensive Plan and through the PUD process itself. In light of the acute need to preserve and build affordable housing, described in Section 206, and to prevent displacement of on-site residents, the following should be considered as high-priority public benefits in the evaluation of residential PUDs:
SOURCE: District of Columbia Comprehensive Plan Act of 1984, effective April 10, 1984 (D.C. Law 5-76; 31 DCR 1049 (March 9, 1984)); as amended by District of Columbia Comprehensive Plan Act of 1984 Land Use Element Amendment Act of 1984, effective March 16, 1985 (D.C. Law 5-187; 32 DCR 873 (February 15, 1985)); as amended by District of Columbia Comprehensive Plan Amendments Act of 1989, effective May 23, 1990 (D.C. Law 8-129; 37 DCR 55 (January 5, 1990)); as amended by District of Columbia Comprehensive Plan Amendments Act of 1989 NCPC-Recommended Amendments, and Closing of Public Alleys in Square 669, S.O. 88-452, Act of 1990, effective May 23, 1990 (D.C. Law 8-132; 37 DCR 2213 (April 6, 1990)); as amended by District Government Land Use Temporary Amendment Act of 1994, effective October 1, 1994 (D.C. Law 10-190; 41 DCR 5360 (August 12, 1994)); as amended by Comprehensive Plan Amendments Act of 1994, effective October 6, 1994 (D.C. Law 10-193; 41 DCR 5536 (August 19, 1994)); as amended by District of Columbia Comprehensive Plan Act of 1984 Land Use Amendment Act of 1994, effective March 21, 1995 (D.C. Law 10-235; 42 DCR 30 (January 6, 1995)); as amended by Technical Amendments Act of 1996 effective April 18, 1996 (D.C. Law 11-110; 43 DCR 530 (February 9, 1996)); as amended by Second Technical Amendments Act of 1996 effective April 9, 1997 (D.C. Law 11-255; 44 DCR 1271 (March 7, 1997)); as amended by Comprehensive Plan Amendment Act of 1998, effective April 27, 1999 (D.C. Law 12-275; 46 DCR 1441 (February 19, 1999)); as amended by Technical Amendments Act of 1999, effective April 12, 2000 (D.C. Law 13-91; 47 DCR 520 (January 28, 2000)); as amended by Comprehensive Plan Amendment Act of 2006, effective March 8, 2007 (D.C. Law 16-300; 54 DCR 924 (February 2, 2007)); as amended by Technical Amendments Act of 2008, effective March 25, 2009 (D.C. Law 17-353; 56 DCR 1117 (February 6, 2009)); as amended by Comprehensive Plan Amendment Act of 2010, effective April 8, 2011 (D.C. Law 18-361; 58 DCR 908 (February 4, 2011)); as amended by Comprehensive Plan Framework Amendment Act of 2019, effective August 27, 2020 (D.C. Law 23-127; 67 DCR 001360 (February 14, 2020)).