§ 6–601.02. Nonfireproof business buildings. [Repealed]
Repealed.
§ 6–601.03. Buildings exceeding 60 feet in height; hotels, apartments, and tenements of 3 or more stories; halls with seating capacity of 300 or more; churches. [Repealed]
Repealed.
§ 6–601.04. Additions; towers, spires, and domes; theaters. [Repealed]
Repealed.
§ 6–601.05. Street width to control building height; business streets; residence streets; specified properties; structures above top story of building.
(a) No building shall be erected, altered, or raised in the District of Columbia in any manner so as to exceed in height above the sidewalk the width of the street, avenue, or highway in its front, increased by 20 feet; but where a building or proposed building confronts a public space or reservation formed at the intersection of 2 or more streets, avenues, or highways, the course of which is not interrupted by said public space or reservation, the limit of height of the building shall be determined from the width of the widest street, avenue, or highway. Where a building is to be erected or removed from all points within the boundary lines of its own lots, as recorded, by a distance at least equal to its proposed height above grade the limits of height for fireproof or noncombustible buildings in residence sections shall control, the measurements to be taken from the natural grades at the buildings as determined by the Mayor of the District of Columbia.
(b) No buildings shall be erected, altered, or raised in any manner as to exceed the height of 130 feet on a business street or avenue as the same is now or hereafter may be lawfully designated, except on the north side of Pennsylvania Avenue between 1st and 15th Streets Northwest, where an extreme height of 160 feet will be permitted.
(c) On a residence street, avenue, or highway no building shall be erected, altered, or raised in any manner so as to be over 90 feet in height at the highest part of the roof or parapet, nor shall the highest part of the roof or parapet exceed in height the width of the street, avenue, or highway upon which it abuts, diminished by 10 feet, except on the street, avenue, or highway 60 to 65 feet wide, where a height of 60 feet may be allowed; and on a street, avenue, or highway 60 feet wide or less, where a height equal to the width of the street may be allowed; provided, that any church, the construction of which had been undertaken but not completed prior to June 1, 1910, shall be exempted from the limitations of this subsection, and the Mayor of the District of Columbia shall cause to be issued a permit for the construction of any such church to a height of 95 feet above the level of the adjacent curb.
(d) The height of a building on a corner lot will be determined by the width of the wider street.
(e) On streets less than 90 feet wide where building lines have been established and recorded in the Office of the Surveyor of the District, and so as to prevent the lawful erection of a building in advance of said line, the width of the street, insofar as it controls the height of buildings under this subchapter, shall be held to be the distance between said building lines.
(f) On blocks immediately adjacent to public buildings or to the side of any public building for which plans have been prepared and money appropriated at the time of the application for the permit to construct said building, the maximum height shall be regulated by a schedule adopted by the Council of the District of Columbia. This restriction shall not apply to any structure that is set back from the 14th Street property line to a line that is continuous with the facade of the adjacent Bureau of Engraving and Printing annex building that is located along 14th Street, S.W., between C and D Streets, S.W. The height of a structure described in the preceding sentence shall be established in accordance with the requirements of this subchapter and the Zoning Regulations (11 DCMR).
(g) Buildings erected after June 1, 1910, to front or abut on the plaza in front of the new Union Station provided for by Act of Congress approved February 28, 1903, shall be fireproof and shall not be of a greater height than 80 feet.
(h) Spires, towers, domes, minarets, pinnacles, penthouses, ventilation shafts, chimneys, smokestacks, and fire sprinkler tanks may be erected to a greater height than any limit prescribed in this subchapter when and as the same may be approved by the Mayor of the District of Columbia; provided, however, that such structures when above such limit of height shall be fireproof, and, except in the case of a penthouse which is erected to a height of one story of 20 feet or less above the level of the roof, no floor or compartment thereof shall be constructed or used for human occupancy above the top story of the building upon which such structures are placed; and provided, that penthouses, ventilation shafts, and tanks shall be set back from the exterior walls distances equal to their respective heights above the adjacent roof; and provided further, that a building be permitted to be erected to a height not to exceed 130 feet on lots 15, 804, and 805, square 322, located on the southeast corner of 12th and E Streets Northwest, said building to conform in height and to be used as an addition to the hotel building located to the east thereof on lot 18, square 322; and further provided, that the building to be erected on lots 813, 814, and 820, in square 254, located on the southeast corner of 14th and F Streets Northwest, be permitted to be erected to a height not to exceed 140 feet above the F Street curb; and provided further, that the building to be erected on property known as the Dean Tract, comprising nine and one-fourth acres, bounded on the west by Connecticut Avenue and Columbia Road, on the south by Florida Avenue, and the east by 19th Street, and on the north by a property line running east and west 564 feet in length, said building to cover an area not exceeding 14,000 square feet and to be located on said property not less than 40 feet distant from the north property line, not less than 320 feet distant from the Connecticut Avenue property line, not less than 160 feet distant from the 19th Street property line, and not less than 360 feet distant from the Florida Avenue line, measured at the point on the Florida Avenue boundary where the center line of 20th Street meets said boundary, be permitted to be erected to a height not to exceed 180 feet above the level of the existing grade at the center of the location above described; and provided further, that the design of said building and the layout of said ground be subject to approval by the Fine Arts Commission and the National Capital Planning Commission, both of the District of Columbia; and further provided, that the building to be erected by the Georgetown University for a hospital as a part of the Georgetown University Medical School on parcels 28/31, 28/36 and 28/37 located on the south side of Reservoir Road Northwest in the District of Columbia, approximately opposite 39th Street, plans for which building are on file in the Department of Buildings, be permitted to be erected to a height of not to exceed 110 feet above the finished grade of the land, as shown on said plans, at the middle of the front of the building.
§ 6–601.06. Frame dwellings. [Repealed]
Repealed.
§ 6–601.07. Measurement of building height; parapet walls.
For the purposes of this subchapter the height of buildings shall be measured from the level of the sidewalk opposite the middle of the front of the building to the highest point of the roof. If the building has more than 1 front, the height shall be measured from the elevation of the sidewalk opposite the middle of the front that will permit of the greater height. No parapet walls shall extend above the limit of height, except on nonfireproof dwellings where a parapet wall or balustrade of a height not exceeding 4 feet will be permitted above the limit of height of building permitted under this subchapter.
§ 6–601.08. Violation of subchapter.
Buildings erected, altered, or raised or converted in violation of any of the provisions of this subchapter, are hereby declared to be common nuisances; and the owner or the person in charge of or maintaining any such buildings, upon conviction on information filed in the Superior Court of the District of Columbia by the Corporation Counsel or any of his assistants in the name of said District, and which said Court is hereby authorized to hear and determine such cases, shall be adjudged guilty of maintaining a common nuisance, and shall be punished by a fine of not less than $10 nor more than $100 per day for each and every day such nuisance shall be permitted to continue, and shall be required by said Court to abate such nuisance. The Corporation Counsel of the District of Columbia may maintain an action in the Superior Court of the District of Columbia in the name of the District of Columbia, to abate and perpetually enjoin such nuisance. The injunction shall be granted at the commencement of the action, and no bond shall be required. Any person violating the terms of any injunction granted in such proceeding shall be punished as for contempt by a fine of not less than $100 nor more than $500, or by imprisonment in the Washington Asylum and Jail for not less than 30 days nor more than 6 months, or by both such fine and imprisonment, in the discretion of the Court.
§ 6–601.09. Right of Congress to alter or repeal.
Congress reserves the right to alter, amend, or repeal this subchapter.
Subchapter II. Regulation of Heights and Exterior Designs of Buildings.
§ 6–611.01. Erection or alteration of buildings fronting on certain federal property; applications submitted to Commission of Fine Arts for review.
In view of the provisions of the Constitution respecting the establishment of the seat of the national government, the duties it imposed upon Congress in connection therewith, and the solicitude shown and the efforts exerted by President Washington in the planning and development of the capital city, it is declared that such development should proceed along the lines of good order, good taste, and with due regard to the public interests involved, and a reasonable degree of control should be exercised over the architecture of private or semipublic buildings adjacent to public buildings and grounds of major importance. To this end, when application is made for permit for the erection or alteration of any building, any portion of which is to front or abut upon the grounds of the Capitol, the grounds of the White House, the portion of Pennsylvania Avenue extending from the Capitol to the White House, Lafayette Park, Rock Creek Park, the Zoological Park, the Rock Creek and Potomac Parkway, Potomac Park, the Mall Park System and public buildings adjacent thereto, or abutting upon any street bordering any of said grounds or parks, the plans therefor, so far as they relate to height and appearance, color, and texture of the materials of exterior construction, shall be submitted by the Mayor of the District of Columbia to the Commission of Fine Arts; and the said Commission shall report promptly to said Mayor its recommendations, including such changes, if any, as in its judgment are necessary to prevent reasonably avoidable impairment of the public values belonging to such public building or park; and said Mayor shall take such action as shall, in his judgment, effect reasonable compliance with such recommendation; provided, that if the said Commission of Fine Arts fails to report its approval or disapproval of such plans within 30 days, its approval thereof shall be assumed and a permit may be issued.
§ 6–611.02. Plats of restricted area.
The Council of the District of Columbia, in consultation with the National Capital Planning Commission, shall prepare plats defining the areas within which application for building permits shall be submitted to the Commission of Fine Arts for its recommendations.
Subchapter III. Zoning and Zoning Commission.
Part A. Zoning Commission Established.
§ 6–621.01. Zoning Commission — Created; composition; appointment; term of office; compensation; Chairman; powers generally.
(a) To protect the public health, secure the public safety, and to protect property in the District of Columbia there is created a Zoning Commission for the District of Columbia, which shall consist of the Architect of the Capitol, the Director of the National Park Service, and 3 members appointed by the Mayor, by and with the advice and consent of the Council. Each member appointed by the Mayor shall serve for a term of 4 years, except of the members first appointed under this section:
(1) One member shall serve for a term of 2 years, as determined by the Mayor;
(2) One member shall serve for a term of 3 years, as determined by the Mayor; and
(3) One member shall serve for a term of 4 years, as determined by the Mayor.
(b) Members of the Zoning Commission appointed by the Mayor shall be entitled to receive compensation as determined by the Mayor, with the approval of a majority of the Council. The remaining members shall serve without additional compensation.
(c) Members of the Zoning Commission appointed by the Mayor may be reappointed. Each member shall serve until his successor has been appointed and qualifies.
(d) The Chairman of the Zoning Commission shall be selected by the members.
(e) The Zoning Commission shall exercise all the powers and perform all the duties with respect to zoning in the District as provided by law.
Part B. Office of Zoning.
§ 6–623.01. Office of Zoning — Established.
There is established as an independent agency of the District of Columbia (“District”) government an Office of Zoning to provide professional, technical, or administrative staff assistance to the Zoning Commission for the District (“Zoning Commission”) and to the Board of Zoning Adjustment in the performance of their functions and any other duties provided by law.
§ 6–623.02. Office of Zoning — Director and staff; appointment.
(a) The Office of Zoning shall consist of a Director and other staff as the Zoning Commission considers necessary.
(b) The Director of the Office of Zoning shall be appointed by the District members of the Zoning Commission and shall serve as an excepted service employee in accordance with § 1-609.01. The Director shall be a District resident throughout his or her term and failure to maintain District residency shall result in a forfeiture of the position.
(c)(1)(A) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, the Director shall use a ranking system based on a scale of 100 points for all employment decisions for all positions within the Office.
(B) An individual who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided, that the individual claims the preference. This 10-point preference shall be in addition to any points awarded on the 100-point scale.
(C) At the time of appointment, an individual who claimed the 10-point residency preference shall agree, in writing, to maintain District residency for a period of 7 consecutive years from the effective date of appointment into the position for which the individual claimed the residency preference.
(D) An individual who claimed the residency preference and who fails to maintain District residency for 7 consecutive years from the individual's effective date of appointment shall forfeit the individual's District government employment.
(E) Each applicant for a position covered by this paragraph shall be informed in writing of the provisions of this paragraph at the time of application.
(F) The Director shall verify and enforce District residency requirements pursuant to § 1-515.04.
(2) The District members of the Zoning Commission shall verify and enforce residency requirements applicable to the Director pursuant to § 1-515.04.
(3)(A) By November 1 of each year and pursuant to § 1-515.06, the Director shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.
(B) By November 1 of each year and pursuant to § 1-515.06, the District members of the Zoning Commission shall submit to the Mayor an annual report detailing for the previous fiscal year the Director's compliance with residency requirements.
§ 6–623.03. Office of Zoning — Transfer of functions of Zoning Secretariat of Office of Planning.
In accordance with § 1-204.04(b), the functions of the Zoning Secretariat of the Office of Planning, under the direction of the Deputy Mayor for Economic Development pursuant to the Establishment of the Office of Economic Development, effective January 3, 1983 (M.O. 83-18; 30 DCR 319 ), and any position, property, record, unexpended balance of appropriations, allocation, or other funds available to or to be made available relating to the functions of the Zoning Secretariat of the Office of Planning, are transferred to the Office of Zoning established by § 6-623.01.
§ 6–623.04. Office of Zoning — Recommendations, reports, review and comment by Office of Planning.
Nothing in this part shall be construed to prevent the Office of Planning from continuing to provide recommendations and reports to the Zoning Commission and the Board of Zoning Adjustment on any zoning case. The Office of Planning shall review and comment upon all zoning cases, and the Zoning Commission and the Board of Zoning Adjustment shall give great weight to the recommendation of the Office of Planning. Upon request of the Zoning Commission or the Board of Zoning Adjustment, the Office of Planning shall provide recommendations, information, or technical assistance in a timely manner.
Subchapter IV. Zoning Regulations; Board of Zoning Adjustment.
§ 6–641.01. Zoning Commission — Regulations; districts or zones.
To promote the health, safety, morals, convenience, order, prosperity, or general welfare of the District of Columbia and its planning and orderly development as the national capital, the Zoning Commission created by § 6-621.01, is hereby empowered, in accordance with the conditions and procedures specified in this subchapter, to regulate the location, height, bulk, number of stories and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts, and other open spaces, the density of population, and the uses of buildings, structures, and land for trade, industry, residence, recreation, public activities, or other purposes; and for the purpose of such regulation said Commission may divide the District of Columbia into districts or zones of such number, shape, and area as said Zoning Commission may determine, and within such districts may regulate the erection, construction, reconstruction, alteration, conversion, maintenance, and uses of buildings and structures and the uses of land. The said Zoning Commission shall also have power to promulgate regulations to require, with respect to buildings erected subsequent to the promulgation of such regulations, that facilities be provided and maintained either on the same lot with any such building, or on the same lot with any such building or elsewhere, for the parking of automobiles and motor vehicles of the owners, occupants, tenants, patrons, and customers of such building, and of the business, trades, and professions conducted therein. All such regulations shall be uniform for each class or kind of building throughout each district, but the regulations in 1 district may differ from those in other districts.
§ 6–641.02. Zoning regulations — Purpose.
Zoning maps and regulations, and amendments thereto, shall not be inconsistent with the comprehensive plan for the national capital, and zoning regulations shall be designed to lessen congestion in the street, to secure safety from fire, panic, and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the undue concentration of population and the overcrowding of land, and to promote such distribution of population and of the uses of land as would tend to create conditions favorable to health, safety, transportation, prosperity, protection of property, civic activity, and recreational, educational, and cultural opportunities, and as would tend to further economy and efficiency in the supply of public services. Such regulations shall be made with reasonable consideration, among other things, of the character of the respective districts and their suitability for the uses provided in the regulations, and with a view to encouraging stability of districts and of land values therein.
§ 6–641.03. Zoning regulations — Existing regulations continued; public hearing on amendments required; notice.
The regulations prior to June 20, 1938, adopted by the Zoning Commission under the authority of § 6-621.01 and in force on June 20, 1938, including the maps which at said date accompany and are a part of such regulations, shall be deemed to have been made and adopted and in force under this subchapter and subchapter V and shall be and continue in force and effect until and as they may be amended by the Zoning Commission as authorized by said this subchapter and subchapter V. The Zoning Commission may from time to time amend the regulations or any of them or the maps or any of them. Before putting into effect any amendment or amendments of said regulations, or of said map or maps, the Zoning Commission shall hold a public hearing thereon and provide notice of the hearing in accordance with the requirements of subchapter I of Chapter 5 of Title 2. Such published notice shall include a general summary of the proposed amendment or amendments of the regulation or regulations and the boundaries of the territory or territories included in the amendment or amendments of the map or maps, and the time and place of the hearing. The Zoning Commission shall give such additional notice of such hearing as it shall deem feasible and practicable. At such hearing it shall afford any person present a reasonable opportunity to be heard. Such public hearing may be adjourned from time to time and if the time and place of the adjourned meeting be publicly announced when the adjournment is had, no further notice of such adjourned meeting need be published.
§ 6–641.04. Zoning regulations — Vote required for amendment.
Any amendment of the regulations or any of them or of the maps or any of them shall require the favorable vote of not less than a full majority of the members of the Commission.
§ 6–641.05. Zoning regulations — Proposed regulations or amendments; public hearing; notice; National Capital Planning Commission.
(a)(1) No zoning regulation or map, or any amendment thereto, may be adopted by the Zoning Commission until the Zoning Commission:
(A) Has held a public hearing, after notice, on such proposed regulation, map, or amendment; and
(B) After such public hearing, submitted such proposed regulation, map, or amendment to the National Capital Planning Commission for comment and review.
(2) If the National Capital Planning Commission fails to submit its comments regarding any such regulation, map, or amendment within 30 days after submission of such regulation, map, or amendment to it, then the Zoning Commission may proceed to act upon the proposed regulation, map, or amendment without further comment from the National Capital Planning Commission.
(b) The notice required by subparagraph (A) of paragraph (1) of subsection (a) of this section shall be published at least 30 days prior to such public hearing and shall include a statement as to the time and place of the hearing and a summary of all changes in existing zoning regulations which would be made by adoption of the proposed regulation, map, or amendment. The Zoning Commission shall give such additional notice as it deems expedient and practicable. All interested persons shall be given a reasonable opportunity to be heard at such public hearing. If the hearing is adjourned from time to time, the time and place of reconvening shall be publicly announced prior to adjournment.
(c) The Zoning Commission shall deposit with the National Capital Planning Commission all zoning regulations, maps, or amendments thereto, adopted by it.
§ 6–641.06. Permissible maximum height of buildings.
The permissible height of buildings in any district shall not exceed the maximum height of buildings now authorized upon any street in any part of the District of Columbia by subchapter I of this chapter, regulating the height of buildings in the District of Columbia.
§ 6–641.06a. Nonconforming use.
The lawful use of a building or premises as existing and lawful at the time of the original adoption of any regulation heretofore adopted under the authority of § 6-621.01, or, in the case of any regulation adopted after June 20, 1938, under this subchapter, at the time of such adoption, may be continued although such use does not conform with the provisions of such regulation, provided no structural alteration, except such as may be required by law or regulation, or no enlargement is made or no new building is erected. The Zoning Commission may in its discretion provide, upon such terms and conditions as may be set forth in the regulations, for the extension of any such nonconforming use throughout the building and for the substitution of nonconforming uses.
§ 6–641.07. Board of Zoning Adjustment.
(a) A Board of Zoning Adjustment is hereby created which shall be composed of 1 member of the National Capital Planning Commission or a member of the staff thereof to be designated in either case by such Commission and appointed by the Mayor of the District of Columbia; 1 member of the Zoning Commission or a member of the staff thereof to be designated in either case by such Commission and appointed by the Mayor of the District of Columbia; and 3 other members appointed by the Mayor of the District of Columbia with the advice and consent of the Council of the District of Columbia, each of whom shall have been a resident of the District of Columbia for at least 3 years immediately preceding his appointment and at least 1 of whom shall own his own home.
(b) The representative of the National Capital Planning Commission may be changed from time to time by such Commission in its discretion and in case of a vacancy in the position by death, resignation, or other disability, a new representative shall be designated by the said Commission and appointed by the Commissioners of the District of Columbia to fill said vacancy. The representative of the Zoning Commission may be changed from time to time by such Commission in its discretion and in case of a vacancy in the position by death, resignation, or other disability, a new representative shall be designated by the said Commission and appointed by the Commissioners of the District of Columbia to fill said vacancy. The terms of the 3 members appointed by the Mayor of the District of Columbia with the advice and consent of the Council of the District of Columbia shall be 3 years each, excepting that, in the case of the initial appointments, 1 shall be for a term of 1 year and one for a term of 2 years. In case of any vacancy in the position of any of the 3 members appointed by the Mayor of the District of Columbia with the advice and consent of the Council of the District of Columbia, the same shall be filled for the remainder of the term.
(c) The Zoning Commission may provide and specify in its zoning regulations general rules to govern the organization and procedure of the Board of Adjustment not inconsistent with the provisions of this subchapter, and the Board of Adjustment may adopt supplemental rules of procedure which shall be subject to the approval of the Zoning Commission after public hearing thereon as provided in § 6-641.03. The Board of Adjustment shall choose its Chairman and its other officers. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
(d) The regulations adopted by the Zoning Commission may provide that the Board of Adjustment may in appropriate cases and subject to appropriate principles, standards, rules, conditions, and safeguards set forth in the regulations, make special exceptions to the provisions of the zoning regulations in harmony with their general purpose and intent. The Commission may also authorize the Board of Adjustment to interpret the zoning maps and pass upon disputed questions of lot lines or district boundary lines or similar questions as they arise in the administration of the regulations.
(e) The Board of Adjustment shall not have the power to amend any regulation or map.
(f) Appeals to the Board of Adjustment may be taken by any person aggrieved, or organization authorized to represent such person, or by any officer or department of the government of the District of Columbia or the federal government affected, by any decision of the Director of the Department of Buildings granting or refusing a building permit or granting or withholding a certificate of occupancy, or any other administrative decision based in whole or in part upon any zoning regulation or map adopted under this subchapter. The Mayor of the District of Columbia may require and fix the fee to be charged for an appeal, which fee shall be paid, as directed by said Mayor, with the filing of the appeal; provided, that no citizens’ association, or association created for civic purposes and not for profit shall be required to pay said fee. There shall be a public hearing on appeal.
(g) Upon appeals the Board of Adjustment shall have the following powers:
(1) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, determination, or refusal made by the Director of the Department of Buildings or the Mayor of the District of Columbia or any other administrative officer or body in the carrying out or enforcement of any regulation adopted pursuant to this subchapter;
(2) To hear and decide, in accordance with the provisions of the regulations adopted by the Zoning Commission, requests for special exceptions or map interpretations or for decisions upon other special questions upon which such Board is required or authorized by the regulations to pass;
(3) Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original adoption of the regulations or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any regulation adopted under this subchapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, to authorize, upon an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardship, provided such relief can be granted without substantial detriment to the public good and without substantially impairing the intent, purpose, and integrity of the zone plan as embodied in the zoning regulations and map;
(4) In exercising the above-mentioned powers, the Board of Adjustment may, in conformity with the provisions of this subchapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, determination, or refusal appealed from or may make such order as may be necessary to carry out its decision or authorization, and to that end shall have all the powers of the officer or body from whom the appeal is taken.
(h) The concurring vote of not less than a full majority of the members of the Board shall be necessary for any decision or order.
(i) Nothing herein contained shall prohibit the Zoning Commission from providing by regulation for appeals to it from any action of the Board of Zoning Adjustment.
§ 6–641.08. Maps and regulations of Zoning Commission to be filed; regulations to be published.
A copy of any map established by said Zoning Commission and of its zoning regulations shall be filed in the Office of the Mayor of the District of Columbia. A copy of any regulation or any amendment adopted after June 20, 1938, shall be published once in 1 or more daily newspapers printed in the District of Columbia for the information of all concerned.
§ 6–641.09. Building permits; certificates of occupancy.
(a) It shall be unlawful to erect, construct, reconstruct, convert, or alter any building or structure or part thereof within the District of Columbia without obtaining a building permit from the Director of the Department of Buildings, and said Director shall not issue any permit for the erection, construction, reconstruction, conversion, or alteration of any building or structure, or any part thereof, unless the plans of and for the proposed erection, construction, reconstruction, conversion, or alteration fully conform to the provisions of this subchapter and of the regulations adopted under said sections. In the event that said regulations provide for the issuance of certificates of occupancy or other form of permit to use, it shall be unlawful to use any building, structure, or land until such certificate or permit be first obtained. It shall be unlawful to erect, construct, reconstruct, alter, convert, or maintain or to use any building, structure, or part thereof or any land within the District of Columbia in violation of the provisions of said sections or of any of the provisions of the regulations adopted under said sections. The owner or person in charge of or maintaining any such building or land or any other person who erects, constructs, reconstructs, alters, converts, maintains, or uses any building or structure or part thereof or land in violation of said sections or of any regulation adopted under said sections, shall upon conviction for such violation on information filed in the Superior Court of the District of Columbia by the Attorney General for the District of Columbia or any of his assistants in the name of said District and which Court is hereby authorized to hear and determine such cases be punished by a fine of not more than $100 per day for each and every day such violation shall continue. The Attorney General for the District of Columbia of the District of Columbia or any neighboring property owner or occupant who would be specially damaged by any such violation may, in addition to all other remedies provided by law, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violation or to prevent the occupancy of such building, structure, or land. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of these sections, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2.
(b) A building permit shall not be issued to or on behalf of the District government unless proper notice has been given under § 1-309.10. The Department of Buildings shall issue a cease and desist order to enjoin any construction project that is issued in noncompliance with this section.
(c) Repealed.
§ 6–641.10. Enforcement of zoning regulations.
(a) The Mayor of the District of Columbia shall enforce the regulations adopted under the authority of this subchapter. Nothing contained in this subchapter shall be construed to limit the authority of the Mayor or Council of the District of Columbia to make municipal regulations which are not inconsistent with the provisions of this subchapter and the regulations adopted thereunder.
(b) If, pursuant to rules issued pursuant to this subchapter, the Zoning Commission approves a zoning density increase for a commercial office building or structure with a floor area ratio that is greater than the floor area ratio permitted as a matter of right under the zoning regulations, the applicant who obtains the zoning density increase shall be required to comply with the housing requirements set forth in section 308b of the Comprehensive Plan, as such requirements may be amended.
§ 6–641.11. Construction.
Wherever the regulations made under the authority of this subchapter require a greater width or size of yards, courts, or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute or municipal regulations, the regulations made under authority of said sections shall govern. Wherever the provisions of any other statute or municipal regulations require a greater width or size of yards, courts, or other open spaces or require a lower height of buildings or smaller number of stories or require a greater percentage of lot to be left unoccupied or impose other higher standards than are required by the regulations made under authority of said sections, the provisions of such other statute or municipal regulation shall govern.
§ 6–641.12. Definitions.
The word “amend,” “amendment,” “amendments,” or “amended,” when used in this subchapter in relation to the zoning regulations, shall be deemed to include any modification of the text or phraseology of the regulations or of any provision of the regulations or any regulations or any repeal or elimination of any regulation or regulations or part thereof or any addition to the regulations or any new regulation or any change of or in the wording or content of the regulations. The word “amend,” “amendment,” “amendments,” or “amended,” when used in said sections in relation to the zoning maps or any map, shall be deemed to include any change in the number, shape, boundary, or area of any district or districts, any repeal or abolition of any such map or any part thereof, any addition to any such map, any new map or maps, or any other change in the maps or any map. The words “administrative decision,” “administrative officer,” “administrative officer or body,” when used in § 6-641.07 shall not be deemed to include the Zoning Commission.
Appropriations are hereby authorized to carry out the provisions of this subchapter for the fiscal year ending June 30, 1938, and thereafter the Mayor of the District of Columbia is authorized and directed to include in his annual estimates such amounts as may be required for salaries and expenses incident to such purposes. Each member of the Zoning Commission and of the Board of Zoning Adjustment shall be entitled to receive compensation. Members of the Zoning Commission for the District of Columbia shall receive compensation in accordance with § 6-621.01(b). No compensation shall be paid to a member of the Board of Zoning Adjustment who is also a full-time officer or employee of the District of Columbia government or who serves on the Board of Zoning Adjustment as a federal government representative pursuant to § 6-641.07.
§ 6–641.14. Laws repealed.
The Act of March 1, 1920 (41 Stat. 500, ch. 92), excepting the provisions of § 6-621.01 creating the Zoning Commission, providing for its membership and service without additional compensation, are hereby repealed. All laws or parts of other laws in conflict with the provisions of this subchapter are hereby repealed.
§ 6–641.15. Federal public buildings excepted from this subchapter.
The provisions of this subchapter shall not apply to federal public buildings; provided, however, that, in order to ensure the orderly development of the national capital, the location, height, bulk, number of stories, and size of federal public buildings in the District of Columbia and the provision for open space in and around the same will be subject to the approval of the National Capital Planning Commission.
Subchapter V. Chanceries.
§ 6–651.01. Transfer or use of chancery.
After October 13, 1964, no building or chancery being used by a foreign government in the District of Columbia shall be transferred to or used by another foreign government unless such use is in accordance with § 6-641.06, as amended, or unless such use was in accordance with applicable law on October 13, 1964.
§ 6–651.02. Discrimination against foreign government based on race, color, or creed prohibited.
Sections 6-651.01 and 6-651.02 shall not be administered in such a way as to discriminate against any foreign government on the basis of the race, color, or creed of any of its citizens.
Subchapter VI. Miscellaneous.
§ 6–661.01. Mayor to prescribe fees for permits, certificates, and transcripts by Director of the Department of Buildings; schedule of fees to be displayed.
(a) Except as provided in subsection (b) of this section, the Mayor of the District of Columbia is hereby authorized and directed, from time to time, to prescribe a schedule of fees to be paid for permits, certificates, and transcripts of records issued by the Director of the Department of Buildings of the District of Columbia, for the erection, alteration, repair, or removal of buildings and their appurtenances, and for the location of certain establishments for which permits may be required under the building regulations of the District of Columbia, said fees to cover the cost and expense of the issuance of said permits and certificates and of the inspection of the work done under said permits; said schedule shall be printed and conspicuously displayed in the office of said Director of the Department of Buildings; said fees shall be paid to the Collector of Taxes of the District of Columbia and shall be deposited by him in the Treasury of the United States to the credit of the revenues of the District of Columbia.
(b) A child development home, as defined in § 4-401(3), shall be exempt from all fees relating to certificates of occupancy; other than reasonable fees charged for providing copies of a certificate of occupancy beyond the one certified copy of the certificate of occupancy to which the child development home is entitled free of charge.
§ 6–661.02. Cancellation of building permits.
In any case where building permits have been issued and no work has been begun thereunder, the person who has paid the fee for said permit may return said permit for cancellation, and upon the cancellation thereof there shall be refunded to him, in the manner prescribed by law for the refunding of erroneously paid taxes, the amount of said fee less the actual expense incident to the issuance of said permit, as determined by the Inspector of Buildings; provided, that application for such refund shall be made within 6 months after the issuance of said permit.
