§ 1–306.07. Zoning conformity.

(a)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, the government shall be subject to zoning.

(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) 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) 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.

(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.

(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.)

Prior Codifications

2001 Ed., § 1-301.68.

1981 Ed., § 1-250.

Effect of Amendments

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

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.”

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

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

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

Expiration of Law

Expiration of Law 17-23

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

Emergency Legislation

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-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 (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).

Temporary Legislation

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).

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.”

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

Effective Dates

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

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.”