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Zoning commission approves rulemaking to clarify rear-yard measurements, restore 30% allowance for accessory buildings
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Summary
The District of Columbia Zoning Commission voted 5-0 in March 2025 to publish proposed rulemaking for Case No. 24-20, a text amendment clarifying how rear yards are measured and restoring an allowance for accessory buildings to occupy up to 30% of required rear yards in R, RF and RA zones.
The District of Columbia Zoning Commission voted 5-0 in March 2025 to approve proposed rulemaking for Zoning Commission Case No. 24-20, a text amendment from the Office of Planning that clarifies rear-yard measurement rules and restores an allowance for accessory buildings to occupy up to 30% of required rear yards in R, RF and RA residential zones.
The change, presented at a virtual public hearing, would add specific measurement language to Subtitle B (including B318.1, B318.2 and B318.4), and make conforming amendments to Subtitles D, E, F and I. In recommending approval, Philip Bradford, development review specialist with the Office of Planning, said the amendment codifies current administrative interpretations and is intended to reduce the need for special-exception relief when applicants seek to build detached accessory structures such as garages or accessory dwelling units (ADUs).
The amendment clarifies that required rear-yard depth is measured between the rear of the principal building and the rear lot line, and that measurement begins at the rearmost point of the principal building. It also restores a standard from an earlier zoning regulation (ZR 58) allowing accessory buildings to occupy up to 30% of the required rear yard; anything beyond 30% would still require special-exception review under existing criteria. "This text amendment does not facilitate or hinder ADU approval," Bradford said during his presentation, adding that the change codifies typical practice and offers placement flexibility for detached accessory structures.
Office of Planning staff told the commission the amendment does not change minimum rear-yard depth, does not change maximum lot occupancy, and is neutral with respect to ADU approval rates. Bradford and Office of Planning staff also said the change will likely reduce administrative burdens and the number of special-exception applications filed with the Board of Zoning Adjustment for accessory structures that were previously prohibited under ZR16.
The project record included comment letters from the Washington, D.C., chapter of the American Institute of Architects (AIA) — which the Office of Planning described as supportive — and questions from the Committee of 100 in Washington, D.C., which the Office of Planning addressed in the hearing.
Commissioners asked technical questions during the hearing. Commissioner Wright sought confirmation that the amendment restores the ability for an accessory building to occupy up to 30% of the required rear yard where the current code prohibitied such placement; Bradford confirmed that the amendment provides that limited flexibility. Vice Chair Miller and other commissioners praised the clarity the amendment would bring to measurement rules and said it could reduce the number of special-exception cases brought to the Board of Zoning Adjustment.
Commissioner Ema Moore moved to approve the proposed rulemaking; a second was recorded but not named on the roll call. In roll call votes announced at the hearing, Commissioners Imamura, Wright, Chairman Anthony Hood, Vice Chair Miller and Commissioner Stoodam voted in favor. The commission announced the vote as 5 to 0 to 0 to approve Case No. 24-20. The commission said it will publish the proposed rulemaking, open a 30-day public comment period, refer the rulemaking to the National Capital Planning Commission (NCPC) as required, and return the item to the commission for final action.
Several commissioners noted a separate, related issue that is not part of this text amendment: whether detached ADUs must meet side-yard setback rules that apply to other detached structures. Mr. Lawson of the Office of Planning said that matter was not currently on the office's work plan but that staff would add it to issues under review.
The commission scheduled its next public meeting for April 10, 2025, and said it will return this item for final action after the required publication, comment period and interagency referral.
