D.C. Mun. Regs. tit. 11-C, § 1502
1502.1 Except as otherwise limited in this Chapter, height and number of stories permitted for a penthouse or rooftop structure shall be as prescribed in the development standards for the applicable zone.
1502.2 The height and number of stories permitted for a penthouse or rooftop structure for a building constructed pursuant to a planned unit development (PUD) shall be as prescribed for the PUD standards for the applicable zone, pursuant to Subtitle X, Chapter 3.
1502.3 Pursuant to § 5 of the Height Act, a penthouse or rooftop structure may be erected to a height in excess of that permitted therein if authorized by the Mayor or his or her designee and subject to the setback and other restrictions stated in the Act.
SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021).