D.C. Mun. Regs. tit. 11, r. 11-K237

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

Rule 11-K237 - USE PERMISSIONS (SEFC-1)

237.1

Except as prescribed below, use permissions, including uses permitted as a matter of right, as a special exception, and as an accessory use, and uses not permitted shall be in accordance with the MU-Use Group G of Subtitle U, Chapter 5.

237.2

Notwithstanding Subtitle K § 237.1, the following additional use restrictions and permissions of this section shall apply in the SEFC-1 zone.

237.3

Uses subject to special exception review in the MU-Use Group G that are not listed in Subtitle K § 237.4 as being subject to Zoning Commission review and approval, are not permitted within the SEFC-1 zone.

237.4

Within the SEFC-1 zones, the following buildings, structures, and uses are permitted only if reviewed and approved by the Zoning Commission, in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242:

(a) All buildings and structures that have frontage along M Street, S.E. or for which the Zoning Commission considers a request for the additional density or height authorized by Subtitle K §§ 202 or 203; subject also to the applicant proving ding that the architectural design, site plan, landscaping, and sidewalk treatment of the proposed building:

(1) Are of superior quality;

(2) For buildings on Parcel A, accommodate the design of the public entrance to the Navy Yard Metrorail Station on Parcel A The applicant shall demonstrate proactive engagement with the Washington Metrorail Area Transit Authority (WMATA) in the planning and design of Parcel A as a part of the above design review as set forth below:

(A) If the applicant moves forward with the design of Parcel A before WMATA is ready to construct the third entrance the applicant shall demonstrate that it has coordinated with WMATA to determine how to ensure that the design of Parcel A accommodates the planned entrance; and ¹

(B) If WMATA moves forward with the construction of the third entrance before the applicant is ready to develop Parcel A, the applicant shall demonstrate that it has coordinated with WMATA to integrate the entrance into the design of Parcel A;

(3) Ensure the provision of 1 1/2 Street, S.E. and N Street, S/E. as open and uncovered multimodal circulation routes; and

(4) Provide three (3) bedroom dwelling units as required pursuant to Subtitle K § 202.1.

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(b) Automobile rental agency, provided the use has no exterior automobile storage area;

(c) Dental lab;

(d) Department store;

(e) Hotel;

(f) International organization;

(g) Library;

(h) Institution, religious, which may include a parsonage, vicarage, rectory, or Sunday school building, as well as any related programs;

(i) Education, private and education, public, including trade school; solid, freestanding wall and/or security gate exceeding a height of four (4) feet, including structural supports;

(j) Education, college/university;

(k) Entertainment, assembly, and performing arts;

(l) Medical care;

(m) Automobile, truck, or motorcycle accessory sales, including installation;

(n) Gas station; and

(o) Temporary parking lot or garage, for a maximum approval period of five (5) years, which may be renewed by the Zoning Commission, as a principal use located at or above grade.

237.5

Preferred uses listed in Subtitle K §236 shall be permitted in accordance with the following criteria:

(a) Any building or structure with frontage on M Street, S.E. or N Street, S.E. shall provide preferred uses comprising a minimum of seventy-five percent (75%) of the frontage on M Street, S.E. or N Street, S.E. and a minimum of seventy-five percent (75%) of that portion of the gross floor area of the ground floor within a depth of fifty feet (50 ft.) from the exterior fa?e of the front of building, not including parking, parking access, mechanical and fire control rooms, and other non-public spaces. This requirement shall not apply to:

(1) Buildings directly south of the historic wall along M Street, S.E., between 4^th Street, S.E. and the Washington Navy Yard, for so long as the wall remains; or

(2) Any addition to a building with frontage on M Street, S.E. or N Street, S.E. if the addition to such building has no frontage on such streets but, as allowed pursuant to Subtitle K §237.5(b), preferred uses may be provided on the ground floor level of such buildings;

(b) In addition to the preferred uses listed in Subtitle K §236, the preferred use space requirement of Subtitle K §237.5(a) may also be met by any use listed in Subtitle K §§237.4(a) through (n), if reviewed and approved by the Zoning Commission in accordance with the standards specified in Subtitle K §241 and procedures specified in Subtitle K §242;

(c) In addition to the locations in which preferred uses are required pursuant to Subtitle K §237.5(a), preferred uses may be provided on the ground floor level of buildings in other areas within the SEFC-1 zone, but are not required. If provided, such preferred use area shall not be required to conform to the requirements of Subtitle K §§237.5(a), (f), (g), and (h);

(d) For good cause shown, the Zoning Commission may authorize interim occupancy of the preferred use space required under Subtitle K §237.5(a) by other uses permitted in the SEFC zones for up to a five (5) year period; provided that the ground-floor space is suitably designed for future occupancy by preferred uses;

(e) Not less than fifty percent (50%) of the surface area of the street wall, including building entrances, of those building frontages described in Subtitle K §237.5(a) shall be devoted to doors or display windows having clear or low emissivity glass;

(f) Preferred uses shall provide direct, exterior access to the ground level; and

(g) The minimum floor-to-ceiling height for portions of the ground floor level devoted to preferred uses shall be fourteen feet (14 ft.); and

(h) Changes to the type, amount, and location of preferred uses required under Subtitle K §237.5(a) shall be permitted if reviewed and approved by the Zoning Commission in accordance with the standards specified in Subtitle K §241 and procedures specified in Subtitle K §242.

D.C. Mun. Regs. tit. 11, r. 11-K237

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 63 DCR 10932 (9/6/2016); amended by Final Rulemaking published at 65 DCR 7201 (7/6/2018)