The Corner Forum
Saturday, July 26, 2003
Issue #40

3 Stories, 40 Ft. Allowed in R-4 Areas

By Marc Borbely, 536 13th St. NE

In last week's issue, Cynthia Garner, 1327 E St. NE, asked about the city regulations that pertain to the maximum height that houses are allowed to be.

Her question was sparked by the third-floor addition being built at 300 Tennessee Ave. NE. Cody Rice, the chairman of the Advisory Neighborhood Commission's economic development and zoning committee, referred us to the zoning regulations, which are posted on the D.C. Office of Zoning's Web site, at http://www.dcoz.dcgov.org/info/reg/reg.shtm (they are also kept at the library).

The first thing to do to figure out what zoning regulations apply is to look at the city's zoning map, which shows the various zoning districts around the city. In the Corner Forum area, all the houses except those on the east (odd) side of the 400 block of 13th Street are zoned R-4 (residential-4). The houses on the east side of the 400 block of 13th Street are zoned C-2-A. The house at 300 Tennessee Ave. NE is also in an R-4 area.

According to regulation 400.1, the height of a building in an area zoned R-4 may not in general exceed three stories and may not exceed 40 feet. According to regulation 770.1, the height of a building in an area zoned C-2-A may, in general, not exceed 50 feet (there is no limit on the number of stories).

There are some exceptions to these rules, and the Board of Zoning Adjustment can also grant variances, if their strict application would result in "exceptional practical difficulties or exceptional and undue hardship" upon a property owner.

According to the Board of Zoning Adjustment's Web site (http://www.dcoz.dcgov.org/services/bza/bza.shtm), "to approve an application for a variance, the Board would have to find that granting the request would not cause substantial detriment to the public good and would not be inconsistent with the general intent and purpose of the Zoning Regulations." §