D.C. Mun. Regs. tit. 11, r. 11-K811

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 11-K811 - USE PERMISSIONS (ARTS)

811.1

In an ARTS zone, the retail and service uses shall be permitted as a matter of right subject to the conditions of this section.

811.2

In the ARTS-1 and ARTS-2 zones, arts uses in Subtitle U, Chapter 7 shall be permitted as a matter of right in addition to the MU-Use Group E standards of Subtitle U, Chapter 5, subject to the limitations and conditions of this chapter.

811.3

In the ARTS-3 zone, the arts uses in Subtitle U, Chapter 7 shall be permitted as a matter of right in addition to the MU-Use Group F standards of Subtitle U, Chapter 5, subject to the limitations and conditions of this chapter.

811.4

In the ARTS-4 zone, the arts uses in Subtitle U, Chapter 7 shall be permitted as a matter of right in addition to the MU-Use Group G standards of Subtitle U, Chapter 5, subject to the limitations and conditions of this chapter.

811.5

Where there is a conflict between this chapter and Subtitle U, this chapter shall govern.

811.6

Arts use groups listed in Subtitle U § 700.6 subject to the restriction on eating and drinking establishments of Subtitle K § 811.9, retail, service, general, and service, financial uses shall occupy no less than fifty percent (50%) of the ground floor level of each building on a lot that fronts on 14th Street, U Street, 7th Street, or Florida Avenue between 7th and 9th Streets; provided, this requirement shall not apply to a building located on a lot less than fifty feet (50 ft.) in width, measured along the property line that abuts the public street, if the building is used as an apartment house, multiple dwelling, or hotel.

811.7

A hotel shall be permitted as a matter of right provided no other hotel is located within five hundred feet (500 ft.).

811.8

No drive-through accessory to any use shall be permitted.

811.9

Eating and drinking establishments shall be subject to the following limitations:

(a) No more than fifty percent (50%) of the ground floor linear frontage on the named street within each individual square set forth in the table below, and within an ARTS zone, shall be devoted to eating and drinking establishments:

TABLE K§ 811.9(a): LINEAR FRONTAGE OF EATING AND DRINKING ESTABLISHMENTS

14th Street, N.W.		U Street, N.W.
Square	Frontage (feet)	Square	Frontage (feet)
202	222.5	204	305.3
203	310.0	205	618.0
204	320.0	236	523.4
205	430.6	237	538.5
206	399.8	273	303.3
207	450.1	274	340.9
208	400.0	304	192.2
209	380.0	305	186.0
210	203.5	332	189.7
211	296.1	333	187.7
234	253.1	359	96.8
235	310.0	360	240.4
236	320.0	361	251.7
237	380.0
238	450.0
239	200.0
240	391.0
241	450.0
242	363.1
242N	154.5

(b) An eating and drinking establishment ...²

(c) An entrance to an eating and drinking establishment that is not located on the ground (street) level shall not count towards the fifty percent (50%) limit.

² The uses of this and other ellipses indicate that other provisions exist in the subsection being amended and that the omission of the provisions does not signify an intent to repeal.

In accordance with the provisions of Subtitle Z § 604.9, this Notice of Final Rulemaking shall become final and effective upon publication in the D.C. Register; that is, on July 24, 2020.

BY THE ORDER OF THE D.C. ZONING COMMISSION

A majority of the Commission members approved the issuance of this Order.

811.10

Required parking spaces may be shared by time of day with other uses specified in this section to meet all or a portion of the parking requirement for the uses on a lot; provided:

(a) The eligible evening uses shall be restaurant, legitimate theater, movie theater, dinner theater, or cabaret;

(b) The eligible daytime uses shall be office use and the arts uses and arts-related uses with the exception of the evening uses listed in paragraph (a) of this subsection; and

(c) The respective property owners shall execute an agreement that identifies the designated parking spaces and provides that use of the spaces for permitted daytime uses shall cease at no later than 6:00 p.m., Monday through Saturday, and shall be available for parking by the specified evening uses as agreed to by the parties involved. This agreement shall be filed with the Zoning Administrator to be maintained as part of the certificate of occupancy file on each affected property.

D.C. Mun. Regs. tit. 11, r. 11-K811

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 67 DCR 9085 (7/24/2020)