Zoning controls the use and the intensity of use of land; the overall size of buildings and their relationship to their site and surrounding properties; and allowable height, lot occupancy, setback, and roof structures, as well as the number of dwelling units and off-street parking spaces. Zoning regulations were in place long before historic preservation laws were adopted, and there are contradictions between them. Indeed, they operate as parallel systems of law with different decision makers. Where zoning confers a clear right, the DC Historic Preservation Review Board (HPRB) generally respects that underlying right in reviewing a proposed design. This means that the HPRB is unlikely to require preservation of original features at the rear of a property if a proposed addition meets zoning requirements.
Pop-ups, pop-backs, and RF-1 Zoning
The conflict between zoning and historic preservation in row house neighborhoods such as Mount Pleasant has recently been highlighted by the controversy surrounding “pop-ups” and “pop-backs,” additions of full floors visible from the street and large additions to the rear of houses. As of June 26, 2015, owners of houses zoned RF-1 (including most of our historic district) may not develop more than two units “as a matter of right.” Previously, regulations in force since 1958 allowed of-right conversions of houses to apartment houses of 3 or more units as long as there was 900 square feet of lot size per unit. Conversions to more than two units may be approved by the Board of Zoning Adjustment (BZA) if additional conditions are met for “special exception” relief. Conversions outside current limitations may only be approved as variances. (See here for more information)
While current regulations have reduced some of the development pressure on our historic district, HMP supports limiting of-right conversions to two units and requiring that conversions beyond that be subject to approval as variances. BZA routinely approves “special exceptions,” that result in pop-ups with more units in non-historic districts. Mount Pleasant’s historic district status protects the fronts of houses from such towering additions, however, because a significant number of lots measure 2700 square feet or more, they are still subject to conversion to 3 or more units. It remains to be seen whether the addition of a requirement that the fourth and every even-numbered unit thereafter is subject to “inclusionary zoning” (that is, reserved for residents at a specific income level) will be effective to curtail the desire of developers to build the maximum number of units allowed by lot size. HMP will be following the implementation of these new rules to see whether additional changes are needed to protect the character of our historic district.
The new rules are complicated and resulted from a voluminous case before the HMP and other Mount Pleasant residents testified before the Zoning Commission and presented petitions with 555 signatures in favor of limiting conversions to two units.
Petitions: Zoning Petition Zoning Petition (2)
For other questions about zoning, contact us at info@historicmountpleasant.org.