Photo by Lachlan Hardy on Flickr.
The DC Zoning Commission has been deliberating on the zoning update this week. The commissioners embraced most of the DC Office of Planning’s proposals while even rejecting at least one of OP’s recent steps backward.
Buildings near transit (including priority bus corridors) will be able to have half the parking that’s otherwise required if they are willing to forego residential parking permits. Homeowners will be able to put accessory apartments inside their houses without a special hearing, but will have to go through one to use a carriage house. And corner grocery stores will be able to open in residential row house areas if they sell fresh food.
This is a major milestone in the grueling zoning regulations revision process that began in 2007 just after the DC Council adopted the 2006 Comprehensive Plan. Opponents of the update repeatedly asked the commission and the Office of Planning and for more outreach, more meetings, and more delay. In response, officials stretched out the process and added dozens of meetings, fact sheets, and hearings throughout the city. But the process now has an end in sight.
If you’re interested in the wonky details, below are many of the specifics about what is changing in DC’s zoning.
What happened with accessory apartments
Tuesday night, the commission debated whether to allow accessory apartments in owner-occupied homes in low-density areas. Currently, higher-density residential zones allow two or more units in a single building (like a rowhouse), but low density zones (including some row house areas like Georgetown) allow only one unit except for an antiquated domestic worker provision.
While Chairman Anthony Hood tried to only permit accessory apartments if the owner goes through a special exception hearing, the rest of the commissioners voted to allow homeowners to have one accessory unit inside their home as a matter of right.
However, when it came to garages or carriage houses, the commission didn’t question the recent OP revision to only allow accessory units there after a special exception hearing. They adopted that rule with no discussion.
The commissioners did ease restrictions on the lot size and home size required to qualify for an accessory unit. They removed a minimum lot size rule altogether and shrank the required house size from a large 2,000 square feet to a more modest 1,200 square feet in R-2 and R-3 zones. They also removed a combined six-person cap on the total number of people in the primary residence and accessory apartment; instead, they will simply limit the number of people in the accessory apartment to three.
What happened with corner stores
The Zoning Commission approved a proposal to make some corner stores legal in medium-density residential zones for the first time since the city adopted its 1958 zoning code. Commissioner Marcie Cohen argued that corner stores were an important way to help seniors have easy access to daily needs.
However, through the years, the list of rules for what stores are allowable got longer and longer. What the Zoning Commission finally approved was only allowing small grocery stores as a matter of right if they devote a certain area devoted to perishable foods like dairy, fresh produce, fresh meats, and food that must be prepared at home. Beer and wine sales can’t exceed 15% of the floor area and requires a special exception hearing.
While these stringent rules will mean that few new corner grocery stores will sprout up, it is likely to inspire a few small entrepreneurs to open up small groceries. Beyond the small grocery stores that would qualify as matter of right, the rule would also allow other types of stores if they go through a special exception process with the Board of Zoning Adjustment.
What’s happening with parking
The commission agreed to reduce required parking by 50% for developments near transit (½ mile from Metro or ¼ mile from streetcar or bus priority corridor). In doing so, the Zoning Commission rebuffed the Office of Planning’s recent proposal to exclude bus priority corridors from the list of transit services that would qualify.
The commission also inserted one significant change that hadn’t been part of the earlier proposals: Developments that take advantage of the 50% reduction would also be ineligible for residential parking permits (RPP).
Current housing developments tend to contain one space for each two or three units voluntarily. The new rule will require just under three for developments away from transti (technically, one per three units after the first four). Cutting that in half means a minimum of one per six units near transit, clearly below market demand.
In effect, therefore, most developments will still park above the minimum, and allows the market to decide what is appropriate rather than forcing most buildings to build more. At easily $50,000 per parking space, this is an important way to make housing less expensive to build.
The commission did adopt OP’s suggestion to exclude the West End neighborhood from the Downtown zone that requires no parking, but seemed to support for removing requirements from downtown. However, Chairman Anthony Hood expressed skepticism toward any proposal that removed parking mandates entirely. The commission will consider the downtown zones tonight.
Commissioners also agreed to require one space for each single family home but waive that if no alley access is available. This is a fair compromise that will protect continuous sidewalks and not force curb cuts and driveways on a rowhouse block.
If a property owner feels it’s impractical to provide the required parking, it will also be easier to get an exception. The owner will now only need a “special exception” rather than the much more stringent “variance” standard that applies today. Either way, however, asking for a reduction requires a trip to the Board of Zoning Adjustment, which costs time and money.
The new special exception rule will allow the board to reduce parking requirements by considering the lack of demand, proximity to transit, or, in a provision added by Commissioner Marcie Cohen, the affordability of the housing. Any special exception would also require a Transportation Demand Management Plan, or traffic and parking demand reduction plan, which DDOT would need to approve.
Buildings can also share parking or put parking off-site to meet the parking requirements. If a project proposes building more than twice the minimum required for a building where the minimum is 20 spaces or more, the developer will have to add amenities like more bike parking, trees, car sharing spaces, electric car charging stations, or green roofs.
The commission will deliberate on the last few items tonight. After that, officials will create a new draft of the zoning code for one more round of public comment.