How Multifamily Housing Gets Approved in Washington DC

The District of Columbia caps building capacity by floor area ratio and height, and the federal Height Act sets the outer limit on every building regardless of zone. Most multifamily development proceeds as matter-of-right construction, reviewed by the Zoning Administrator at the Department of Buildings; a project seeking more density than its zone allows takes the Planned Unit Development process to the Zoning Commission instead.

Matter-of-right development and the Height Act

Under the Zoning Regulations of 2016 (11 DCMR), a project that meets every use, floor area ratio, height, lot occupancy and yard standard of its zone proceeds as matter-of-right construction. The Office of the Zoning Administrator at the Department of Buildings reviews building permit and certificate of occupancy applications for conformity with the Zoning Regulations, without a public hearing (dcoz.dc.gov, Determine Which Zoning Agency to Contact).

The federal Height of Buildings Act caps every building in the District at the width of its street plus 20 feet. On a business street the limit is 130 feet, or 160 feet on part of Pennsylvania Avenue NW; on a residential street it is the lesser of 90 feet or the street width minus 10 feet, narrowing further on streets 65 feet wide or less, and a corner lot takes the height of its wider street (D.C. Code 6-601.05). The Zoning Commission and Board of Zoning Adjustment handle map amendments, variances and special exceptions instead, for a project that needs relief from its zone's standards.

Inclusionary Zoning

A residential development of 10 or more units sets aside 8 to 10 percent of its residential floor area as affordable in exchange for a density bonus of up to 20 percent over the zone's base (11-C DCMR 1002, 1003). Most affordable rental units serve households at or below 60 percent of Median Family Income, and most affordable for-sale units at or below 80 percent (DHCD, Inclusionary Zoning for Residential Developers). An upzoning through a map amendment prices its affordable set-aside under IZ Plus instead, scaled to the size of the floor area increase it receives.

The Planned Unit Development process

A Planned Unit Development lets a project exceed its zone's standard height, density and use mix where it offers public benefits and amenities that exceed what the Zoning Regulations would otherwise allow (11 DCMR Subtitle X, Chapter 3; dcoz.dc.gov, Planned Unit Development). The Zoning Commission cannot approve a PUD inconsistent with the Comprehensive Plan, and most PUD applications proceed as a first stage, a second stage, a consolidated filing combining both, or a modification to an approved order. Every PUD application needs a public hearing before the Zoning Commission, and an applicant can file a PUD together with a related map amendment specific to that project.

Housing in Downtown

A conversion or new development of 10 or more units that changes use into housing can earn a 20-year property tax abatement under Housing in Downtown, where at least 10 percent of units serve households at or below 60 percent of Median Family Income, or 18 percent at or below 80 percent (D.C. Code 47-860.02). The owner records a covenant for that term, meets Certified Business Enterprise contracting targets for 35 percent of construction costs, executes a First Source employment agreement, and brings the project to a certificate of occupancy within 24 months of its eligibility and reservation letter, a deadline the Mayor can extend in 6-month increments.

Questions

Does matter-of-right construction in DC need a public hearing?

No. The Office of the Zoning Administrator reviews a matter-of-right project for conformity with the Zoning Regulations and issues building permits without a public hearing; a hearing applies only where the project needs a variance, special exception or map amendment instead.

How does the Height Act limit a DC apartment building?

On a residential street, height cannot exceed the lesser of 90 feet or the street's width minus 10 feet; on a business street the limit is 130 feet, or 160 feet on part of Pennsylvania Avenue NW (D.C. Code 6-601.05).

What does Housing in Downtown require for its tax abatement?

A 10 or more unit project sets aside 10 percent of units at 60 percent of Median Family Income or 18 percent at 80 percent, for at least 20 years, alongside workforce contracting and First Source hiring commitments (D.C. Code 47-860.02).

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