Neighborhood's Fight Brings New Zoning Rules

The D.C. Zoning Commission yesterday approved changes to the city code that will require charter schools to meet new size requirements when moving into residential neighborhoods.

The unanimous vote by the commission increases the minimum building- and lot-size requirements for the schools. The decision settles the issue of whether charter schools, like the city's traditional public schools, can open in residential areas as "a matter of right," without public input or testimony.

The commission decided that charter schools can be in residential neighborhoods but that they must adhere to size standards that the panel believes will protect residents from traffic, noise and other disruptions.

Carol J. Mitten, chairwoman of the commission, said the regulations will allow charter schools to flourish while protecting the character of city neighborhoods.

"I think we've done the best we can to strike a balance," Mitten said. Three commissioners voted in favor; one commissioner did not participate; and the remaining commissioner was not present.

The panel also updated zoning regulations to include charter schools in the definition of public schools.

Charter schools were established in the District in 1996 and are publicly funded but independent of the government-run public school system. Until yesterday, because the 1950s-era regulations did not mention charters, they were subject to the zoning process that private schools follow.

Neighbors on Capitol Hill grew concerned last year when Appletree, a preschool for 3- and 4-year-olds, sought to open on 12th Street NE.

After residents complained to zoning officials, the commission decided in February to adopt changes to zoning laws on an emergency basis, meaning that they would take effect immediately for 120 days. Last night's vote makes the regulations permanent.

Several commissioners questioned the earlier decision to move quickly on the controversial issue.

"There was a lot of confusion and misunderstanding in the community," Michael G. Turnbull said.

The changes mean, for example, that the required minimum width of a school lot would grow from 75 feet to 120 feet. The changes also apply to the city's 141 public schools, despite a written request to the commission from D.C School Superintendent Clifford B. Janey, who asked it to delay its decision. Janey said he was excluded from the process, but city planners repeated at the zoning commission's special meeting yesterday that they reached out to public school officials.

The commission dropped a proposal that schools or day-care centers with 16 or fewer students would be exempt from the new regulations.

Margaret Holwill, who lives on 11th Street NE, said she was relieved by the commission's decision because Appletree's proposed location was not "appropriate."

Appletree Managing Director Russ Williams said yesterday that he was disappointed, but he stopped short of saying that the school would not open on 12th Street.

"We're exploring our options," he said.