D.C. Mun. Regs. tit. 11, r. 11-1563

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 11-1563 - HEIGHT, BULK, AND USE PROVISIONS (FT)

1563.1

An existing commercial or industrial use in the FT Overlay District with a valid certificate of occupancy as of May 26, 1995 shall be deemed a conforming use.

1563.2

An existing business or industrial use as provided in § 1563.1 shall be permitted to expand pursuant to the height, bulk, and other area standards of the underlying zone district.

1563.3

A business or industrial use that expands pursuant to § 1563.2 shall comply with the following yard and screening standards:

(a) If the lot line of the lot being developed coincides with the lot line of a property in a Residence District, or is separated only by a street or alley from a property in a Residence District, where the property is not owned by a business or industrial user, and the property is not being used for residential purposes, the following standards shall apply:

(1) A yard of twenty-five feet (25 ft.) shall be provided on the portion of the lot adjacent to the Residence District; provided, that the requirements under paragraphs (a)(1) through (a)(5) of this subsection are met;

(2) Where there is a street or an alley between the residential lot and the lot subject to the FT Overlay District, the required yard shall be fifteen feet (15 ft.) measured from the lot line;

(3) The yard shall not be used for parking, loading, or accessory uses;

(4) The yard shall be landscaped with evergreen trees in a healthy growing condition which shall be a minimum of six feet to eight feet (6 ft. to 8 ft.) in height when planted; and

(5) Planting locations and soil preparation techniques shall be shown on a landscape plan submitted with the building permit application to the D.C. Department of Consumer and Regulatory Affairs for review and approval according to standards maintained by the Department's Soil Erosion and Storm Management Branch, which may require replacement of heavy or compacted soils with top soil and drainage mechanisms as necessary; and

(b) A fence or wall shall be erected as a buffer between the residential lot(s) not owned by a business or industrial user that abut a lot affected by this overlay district; provided, that the fence or wall shall be no less than eight feet (8 ft.) and no more than ten feet (10 ft.) in height, and shall be either a solid, wood, board-on-board fence or a brick or stone wall.

1563.4

The maximum bulk and height of a new building for a newly established use in the underlying CR Zone District shall be 5.0 FAR and eighty feet (80 ft.) in height, inclusive of a penthouse, which shall be limited to one (1) story maximum.

1563.5

Buildings proposed to have a height in excess of sixty-five feet (65 ft.) shall provide special architectural features, roof parapet detailing, and design consideration of roof top and penthouse structures to ensure that the views and vistas from the historic fortification of Fort Totten are not degraded or obstructed. The D.C. Office of Planning shall review and provide a report with recommendation.

1563.6

Notwithstanding § 1563.4, overlay properties subject to the requirements of Chapter 26 Inclusionary Zoning may utilize, the following modifications to height lot occupancy, and FAR:

(a) In the FT/C-3-A Overlay District:

(1) The floor area ratio for new construction shall not exceed 4.8 FAR;

(2) The lot occupancy shall not exceed eighty percent (80%); and

(3) The maximum building height shall not exceed sixty-five (65) feet.

(b) In the FT/CR Overlay District:

(1) The floor area ratio for new construction shall not exceed 6.0 FAR;

(2) The lot occupancy shall not exceed seventy-five percent (75%); and

(3) The maximum building height shall not exceed ninety (90) feet.

D.C. Mun. Regs. tit. 11, r. 11-1563

Final Rulemaking published at 42 DCR 2585, 2588 (May 26, 1995); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8466-67 (October 20, 2000); as amended by Final Rulemaking published at 55 DCR 2604, 2612 (March 14, 2008); as corrected by Errata Notice published at 58 DCR 4314, 4317 (May 20, 2011); amended by Final Rulemaking published at 63 DCR 390 (1/8/2016)

Authority: The Zoning Commission for the District of Columbia (the "Commission"), pursuant to its authority under §§ 1, 3, and 8 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 798, and 799; D.C. Official Code §§ 6-641.01, 6-641.03, and 6-641.07 ).