D.C. Mun. Regs. tit. 11-A, § 209
Restrictions on Unzoned Land
Effective Apr 9, 202168 DCR 3804Authority: § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797), as amended; D.C. Official Code § 6-641.01 (2018 Rep1.), and pursuant to § 6 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1206; D.C. Official Code § 2 505(c) (2016 Repl.)) Source: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 11937 (October 26, 2018); as amended by Final Rulemaking published at 68 DCR 3804 (April 9, 2021).District of Columbia, Office of the Secretary
209.1 No building permit or certificate of occupancy shall be issued nor proceeding instituted before the Board of Zoning Adjustment, nor shall any property in private ownership be used for any purpose until after the Zoning Commission has designated zoning for the property, except as may otherwise be authorized by the Zoning Commission as a map or text amendment.
209.2 Nothing in this chapter shall prevent the following:
- (a) Minor repairs and alterations to buildings and structures for which no building permit is required under the D.C. Construction Code Supplements;
- (b) A caretaker from residing on property formerly owned by the Government of the United States, or property in the Central Area formerly owned by the government of the District of Columbia, for which zoning has not been designated, for the purpose of maintaining and preventing the deterioration of the premises; or
- (c) Installation and use of playing fields and associated accessory structures to support such fields on the unzoned property comprising and abutting the Robert F. Kennedy Memorial Stadium, more specifically known as Parcel 149, Lots 65 and 66, subject to the following:
- (1) Four (4) accessory structures shall be permitted: a visitor building, a storage building, and two (2) restroom facilities. Each permitted accessory structure shall not exceed a maximum height of twenty feet (20 ft.) and one (1) story, and a maximum gross floor area of one thousand square feet (1,000 sq. ft.);
- (2) Three (3) shade structures shall be permitted, provided that any individual shade structure shall not exceed a maximum height of twenty feet (20 ft.) and one (1) story, and a maximum gross floor area of six hundred and fifty square feet (650 sq. ft.); and
- (3) In addition to the four (4) accessory structures listed in subparagraph (1) of this paragraph, and the shade structures listed in subparagraph (2) of this paragraph, an unenclosed pavilion shall be permitted and used provided the Zoning Commission finds that said structure, as designed, meets the standard of Subtitle X, Chapter 6, other than Subtitle X § 604.8. The pavilion shall be either covered or uncovered and shall have a footprint no greater
than six thousand square feet (6,000 sq. ft.). If covered, a canopy no greater than thirty feet (30 ft.) in height may be installed.
SOURCE: Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 11937 (October 26, 2018); as amended by Final Rulemaking published at 68 DCR 3804 (April 9, 2021).