D.C. Mun. Regs. tit. 11, r. 11-3305

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

Rule 11-3305 - PREFERRED USE REQUIREMENTS

3305.1

Preferred uses shall include any use within the Arts, Design & Creation; Food & Alcohol Services; Retail; or Service use categories described in § 3303.1.

3305.2

Each building that faces the following streets or locations in the following subdistricts shall devote not less than fifty percent (50%) of the gross floor area of the ground floor to preferred uses:

(a) StE-3, facing Martin Luther King Jr. Avenue S.E., Cypress Street S.E., or Sycamore Street S.E., and the park;

(b) StE-7, facing Martin Luther King Jr. Avenue S.E., Cypress Street S.E., or Dogwood Drive S.E., or Oak Drive S.E.;

(c) StE-14b, facing Dogwood Drive S.E., Oak Drive S.E., or the southwest corner;

(d) StE-15, facing Dogwood Drive S.E., 13^th Street S.E., Oak Drive S.E., or the park;

(e) StE-16, facing 13^th Street S.E. and the southwest corner; and

(f) StE-17, facing Dogwood Drive S.E., 13^th Street S.E., or Oak Drive S.E.

3305.3

Not less than fifty percent (50%) of the surface area of the street wall, including building entrances, of those building frontages described in § 3305.2 shall be devoted to doors or display windows having clear or low emissivity glass.

3305.4

Preferred uses shall provide direct, exterior access to the ground level.

3305.5

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

3305.6

Ground floor area required for preferred uses may not be transferred to any other lot through the Combined Lot Development procedures of § 3307.

3305.7

For good cause shown, the Board of Zoning Adjustment may authorize interim occupancy of the preferred use space required under § 3305.2 by other uses permitted in the StE District for up to a five (5) year period, provided that:

(a) The ground-floor space is suitably designed for future occupancy by preferred uses;

(b) The proposed use is compatible with the surrounding uses; and

(c) It can be demonstrated that a preferred use cannot be accommodated due to market conditions.

D.C. Mun. Regs. tit. 11, r. 11-3305

Final Rulemaking published at 60 DCR 4834 (March 29, 2013)

Authority: The Zoning Commission for the District of Columbia (Commission), pursuant to its authority under § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 (2008 Repl.)).