D.C. Mun. Regs. tit. 11, r. 11-1702

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 11-1702 - AREA-WIDE USE PROVISIONS (DD)

1702.1

Each building that faces or abuts a street segment identified in §§ 1701.4 or 1701.5 shall devote not less than fifty percent (50%) of the gross floor area of the ground floor to permitted retail, service, arts, and arts-related uses listed in §§ 1710.1 and 1711.1; provided:

(a) Not more than twenty percent (20%) of the required gross floor area of the ground floor shall be occupied by banks, loan offices, other financial institutions, travel agencies, or other transportation ticket offices;

(b) The uses specified in paragraph (a) shall account for no more than thirty percent (30%) of the total gross floor area requirement for commercial preferred uses in a building, as provided in §§ 1703 through 1705; and

(c) This ground floor use requirement shall not apply to a building that is entirely devoted to hotel or apartment house use, or to a church or other place of worship.

1702.2

Each building shall provide on-site or account for off-site, gross floor area equivalent devoted to preferred uses; provided:

(a) Preferred uses shall be provided and located according to the Downtown subarea guidelines in §§ 1703 through 1706;

(b) For the purposes of this chapter, the gross floor area of a cellar devoted to preferred uses other than residential uses shall count towards the minimum requirement without affecting the permitted maximum bulk of the building;

(c) The net leasable area occupied by the required preferred uses shall be no less than eighty percent (80%) of the gross floor area allocated to these uses; and

(d) The uses listed in § 1712.1 are deemed office uses in the DD Overlay District for purposes of FAR computations.

1702.3

A child development center or a child development home shall count at one-and-one-half (1 ¹/₂) times its actual gross floor area towards the residential preferred use requirement of any subarea; provided, that the child development center will be open and operating during normal business hours at least five (5) days each week and fifty (50) weeks each calendar year, excluding public holidays.

1702.4

An existing theater, hotel, or apartment house shall not be converted in whole or in part to another use, nor be replaced by other uses occupying a new building on the same lot, unless such conversion or replacement has been reviewed and approved by the Board of Zoning Adjustment as a variance pursuant to § 3103.2.

1702.5

A department store in existence as of March 13, 1989, shall not be converted in whole or in part to another use, nor be replaced by other uses occupying a new building on the same lot, unless such conversion or replacement has been reviewed and approved by the Board of Zoning Adjustment as a variance pursuant to § 3103.2; provided, that:

(a) The entirety of the gross floor area may be converted as a matter of right to any combination of preferred retail, service, arts, and arts-related uses listed in §§ 1710 and 1711, provided that any conversion on Square 346 may also include residential use, as defined in this chapter;

(b) The gross floor area of the department store space after conversion may include a reduction or rearrangement in floor area to accommodate a new atrium or light well, or different configuration of the new use or uses; and

(c) A department store that existed as of the adoption of the SHOP District on March 13, 1989, but that was no longer in existence and operating as of the adoption of the DD Overlay District on January 18, 1991, may be converted to any uses permitted in the underlying zone district; provided, that retail, service, arts, and arts-related uses listed in §§ 1710 and 1711 shall occupy no less than 2.0 FAR equivalent in the converted or restructured building.

1702.6

If a church or other place of worship that is in use on January 18, 1991 is later included in a redevelopment, the portion that continues as a church or place of worship shall be exempt from the requirements of this section.

1702.7

A parking lot, parking garage, or parking spaces at or above grade in a building shall be permitted as follows:

(a) The parking facility shall be permitted as a matter of right if it provides only short-term parking and all of the parking spaces are leased to merchants or a park-and-shop organization;

(b) The parking facility shall be permitted as a matter of right if it provides parking only for residents; and

(c) The parking facility shall require Board of Zoning Adjustment approval as a variance pursuant to § 3103.2 if it provides all-day, commuter parking.

1702.8

A building in Square 404, excluding Lot 813, or in Square 405 north of a line extending the midpoint of G Place eastward from 9th to 8th Street, which properties are outside the subarea boundaries provided in §§ 1703 through 1706, shall provide preferred uses according to one of the following provisions, at the election of the property owner:

(a) Preferred uses may be provided according to the requirements and incentives of any one of the following sections: §§ 1703, 1704, 1705, or 1706;

(b) As an alternative to paragraph (a), the property owner may develop not less than 1.5 FAR of bonus office density received from another lot or lots within the DD Overlay District, pursuant to § 1709; and

(c) If bonus density is developed pursuant to paragraph (a) or transferable development rights are developed pursuant to paragraph (b), the maximum permitted FAR shall be 9.5 in Square 405 and 8.5 in Square 404.

D.C. Mun. Regs. tit. 11, r. 11-1702

Final Rulemaking published at 38 DCR 612, 616-619 (January 18, 1991); as amended by: Final Rulemaking published at 44 DCR 4527, 4528 (August 8, 1997); Final Rulemaking published at 46 DCR 8180, 8182 (October 8, 1999); Final Rulemaking published at 47 DCR 1900, 1901 (March 17, 2000); and Final Rulemaking published at 47 DCR 974143 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8473-74 (October 20, 2000); as corrected by Errata Notice published at 58 DCR 4314, 4315 (May 20, 2011)

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 ).