D.C. Mun. Regs. tit. 24, r. 24-201

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 24-201 - RENTAL OF SURFACE SPACE

201.1

The owners of commercial property abutting public space in areas zoned for the proposed use in the Zoning Regulations of the District may, subject to the provisions of this chapter, rent so much of the surface space on which their properties abut as the Committee determines is not needed for the use of the general public during specified times on specified days.

201.2

Space to be rented under this section shall not extend beyond the following limits:

(a) Above a horizontal plane extending from the first floor ceiling of the adjoining building, or above twelve feet (12 ft.), whichever is the lesser;

(b) Beyond the curb line fronting the property as the line is established in the records of the Department of Public Works;

(c) Below the surface of the ground, whether paved or unpaved, within the area that is rented; and

(d) On either side beyond a line extending at ninety degrees (90⁰) to the property line from the intersection of the lot line of the permittee with the property line, as these lines are recorded in the office of the Surveyor of the District of Columbia; or, if the property line is on a curve, beyond a radial extending from the same point.

201.3

The owners of commercial property located in an area zoned R or SP, and occupied by a cafe or restaurant, may rent surface space for an outdoor cafe if the Board of Zoning Adjustment grants a special exception for the cafe, pursuant to the Zoning Regulations of the District of Columbia.

201.4

Each permittee shall pay rent for the surface space rented to him or her at the rate established by the Council, and set forth in the current schedule of rent. The current rent schedule shall be available from the Permit Branch.

201.5

The rent shall be payable annually in advance, unless the space is rented for a period less than a year. If a space is rented for less than a year, the rent shall be payable in advance for the entire rental period. Public space shall not be rented for less than one (1) month.

201.6

If the Director requires a permittee to relinquish part or all of the surface space rented by the permittee, the permittee may secure a refund commensurate with the space that is relinquished, and with the portion of the rental period remaining. The permittee shall apply for the refund in writing to the Director.

201.7

A refund shall be made to the nearest one-twelfth (1/12) of the annual rent.

201.8

A refund shall be made only after verification by the Director that all provisions of the Act and this chapter have been complied with.

D.C. Mun. Regs. tit. 24, r. 24-201

Article 43, §§ 3(a) -(d) of the Police Regulations (May 1981); as amended by § 2 of the Outdoor Sidewalk Cafe Act of 1977, D.C Law 2-7 (April 22, 1977)