1501. USES

USES 1501.1 A penthouse or rooftop structure may house mechanical equipment, or any use permitted within the zone, except that penthouse space shall be restricted as follows: (a) Within residential zones in which the building is limited to a maximum of forty feet (40 ft.) or less, the penthouse use shall be limited to penthouse mechanical space and ancillary space associated with a rooftop deck, to a maximum area of twenty percent (20%) of the building roof area dedicated to rooftop unenclosed and uncovered deck, terrace, or recreation space; (b) Notwithstanding the requirements of paragraph (a), penthouse space shall only be permitted on the roof of a single household dwelling or flat in any zone, or on the roof of an apartment house converted pursuant to Subtitle U § 320.2, if it: (1) Is located entirely within the matter of right permitted height for the building, or the special exception permitted height for the building when authorized by the Board of Zoning Adjustment; (2) Is a maximum of nine feet (9 ft.) in height and one (1) story; and (3) Contains only stair or elevator access to the roof plus a maximum of thirty square feet (30 sq. ft.) of space ancillary to a rooftop deck or terrace; (c) Penthouse space that satisfies the requirements of paragraph (b) of this subsection except that it would not satisfy Subtitle C § 1501.1(b)(1), shall only be permitted if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9; (d) An eating and drinking establishment located within a penthouse habitable space, or on a rooftop deck on the highest roof of the building, shall only be permitted if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9; or (e) On any building within an area bound by I Street, N.W., to the north; Constitution Avenue, N.W., to the south; 19th Street, N.W., to the west, and 13th Street, N.W., to the east, penthouse habitable space or publicly accessible rooftop deck on the highest roof of the building, shall be permitted only if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, after consultation with the US Secret Service to determine whether security concerns exist. SOURCE: Final Rulemaking published at 68 DCR 013834 (December 24, 2021); as amended by Final Rulemaking published at 71 DCR 012430 (October 11, 2024); as amended by Final Rulemaking published at 73 DCR 010197 (July 17, 2026). District of Columbia Municipal Regulations Zoning Regulations of 2016: General Rules 11-C DCMR § 1501