D.C. Mun. Regs. tit. 10-A, § 312
312.1 Many of Washington, DC’s neighborhoods were developed before 1920 when its first zoning regulations were applied. As a result, the older neighborhoods tend to have a patchwork pattern of land uses, with business and residential activities sometimes occurring on the same block. While this pattern has created some desirable and interesting neighborhoods, it has also introduced the potential for conflict. Certain commercial and industrial uses may generate noise, odor, traffic, litter, and other impacts that affect the quality of life in adjacent residential neighborhoods. Similarly, introducing new residential uses to commercial or industrial areas can make it difficult for established businesses to operate effectively.
312.2 Land use compatibility is addressed through the District’s zoning regulations. The regulations list uses that are permitted as a matter-of-right and those that are permitted with a special exception (and in some cases uses that are prohibited) in each zone. Over the years, a variety of standards for external effects have been applied to address the effects of different activities on adjacent uses. In 2016, the Zoning Commission adopted a comprehensive update to the zoning regulations—the first comprehensive revision in more than 50 years. The revised zoning regulations, referred to as ZR16, address land use compatibility issues, more effective use of performance standards, buffering and screening requirements, updated development and design standards, and new standards for parking and loading. ZR16 also includes new definitions, new zones, and changes to matter-of-right and special exception uses. ZR16 is an important step in implementing goal for achieving a healthy, vibrant, diverse, and environmentally sustainable and resilient District.
Maintain zoning regulations and development review procedures that prevent the encroachment of inappropriate commercial uses in residential areas. Limit the scale and extent of non-residential uses that are generally compatible with residential uses but present the potential for conflicts when they are excessively concentrated or out of scale with the neighborhood.
Manage new commercial development to maximize benefits such as enlivened neighborhoods, tax generation, and job creation, while ensuring that it does not result in unreasonable and unexpected traffic, parking, litter, shadow, view obstruction, odor, noise, and vibration impacts on surrounding residential areas. Establish appropriate requirements for transportation demand management and noise control, parking and loading management, building design, hours of operation, and other measures as needed before commercial development is approved.
312.5 Policy LU-2.3.3: Buffering Requirements Buffer new commercial development adjacent to residential areas to avoid adverse effects. Buffers may include setbacks, landscaping, fencing, screening, height step-downs, and other architectural and site-planning measures that avoid potential conflicts.
312.6 Policy LU-2.3.4: Transitional and Buffer Zone Districts Maintain mixed-use zone districts, which serve as transitional or buffer areas between residential and commercial districts and that also may contain institutional, nonprofit, embassy/chancery, and office-type uses. Through application of zoning regulations, consider appropriate height, design, density and operational standards to provide appropriate transitions between districts and enhance neighborhood character in each district.
312.7 Policy LU-2.3.5: Institutional Uses Recognize the importance of institutional uses, such as private schools, childcare facilities, hospitals, churches, and similar uses, to the economy, character, history, livability, and future of Washington, DC and its residents. Ensure that when such uses are permitted in residential neighborhoods, their design and operation is sensitive to neighborhood issues and neighbors' quality of life. Encourage institutions and neighborhoods to work proactively to address issues, such as transportation and parking, hours of operation, outside use of facilities, and facility expansion.
312.8 Policy LU-2.3.6: Places of Worship and Other Religious Facilities Recognize places of worship and other religious facilities as an ongoing, important part of the fabric of the District's neighborhoods. Work proactively with the faith-based community, residents, ANCs, and neighborhood groups to address issues associated with these facilities' transportation needs, operations, and expansions so that existing and new religious facilities may be sustained as neighborhood anchors and a source of spiritual guidance. Recognize also that places of worship or religious assembly, and some other religious facilities or institutions, are accorded important federal constitutional and statutory protections under the First Amendment (U.S. Const. Amend. I) and the Religious Land Use and Institutionalized Persons Act of 2000, approved September 22, 2000 (114 Stat. 803; 42 U.S.C. 2000cc). The missions of many religious institutions involve service to those in need, and institutions offer important services, such as providing food banks, meals, clothing, counseling services, shelter, and housing.
312.9 Policy LU-2.3.7: Nonconforming Institutional Uses Carefully control and monitor institutional uses that do not conform to the underlying zoning to promote long-term compatibility. In the event such
institutions are sold or cease to operate, encourage conformance with existing zoning and continued compatibility with the neighborhood.
312.10
Limit nonconforming uses in residential areas that generate noise, truck traffic, odors, air and water pollution, and other adverse effects. Consistent with the zoning regulations, limit the expansion of such uses and fully enforce regulations regarding their operation to avoid harmful effects on their surroundings.
312.11
Continue to distinguish between transient uses, such as hotels, bed and breakfasts, and inns, and permanent residential uses, such as homes and apartments in the District’s zoning regulations. The development of new hotels on residentially zoned land should continue to be prohibited, and owner occupancy should continue to be required for transient accommodations in residential zones, consistent with applicable laws. Short-term housing for persons receiving social services is outside the scope of this policy’s prohibition.
312.12
Control the conversion of entire residences to guest houses, bed and breakfast establishments, clinics, and other non-residential or transient uses. Zoning regulations should continue to allow larger bed and breakfasts and small inns within residential zones through the special exception process, with care taken to avoid the proliferation of such uses in any one neighborhood. Short term rental uses shall conform to existing regulations.
Please refer to Policy 2.4.11 of this element for additional guidance on hotel uses and the need to address their impact.
312.13
Maintain appropriate regulations (including licensing requirements) to address the trend toward home occupations, accommodating such uses but also ensuring that they do not inappropriately impact residential neighborhoods.
312.14
Recognize the importance of low-profile, neighborhood-serving arts and culture as assets for community preservation and building. Encourage the preservation or expansion of arts and culture in discretionary review of development projects.
Please refer to the Arts and Culture Element for additional guidance.
312.15
Complete an analysis of nonconforming commercial, industrial, and institutional
uses in residential areas. Use the findings to identify the need for appropriate actions, such as zoning text or map amendments and relocation assistance for problem uses.
312.16
Conduct periodic studies of short-term rental locations and numbers and examine their impact on neighborhood livability and affordable housing.
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 Amendment Act of 2021, effective August 21, 2021 (D.C. Law 24-20; 68 DCR 006918 (July 16, 2021)).