762.1For the purpose of encouraging public amenities, development design, and in-town residential uses, the maximum permissible floor area ratio for a building or other structure in the C-5 (PAD) District specified in § 771 may be increased by a maximum additional floor area ratio of two (2.0) for the improvements or amenities listed in § 762.4; provided, that the criteria in §§ 763 through 767 shall be satisfied.
762.2Where floor area or floor area ratio is awarded in addition to that specified in § 762.1, the addition to the floor area ratio of the building or other structure created by the award may be used to exceed the floor area ratio limit in the C-5 (PAD) District prescribed in § 771. That limit shall not be exceeded by more than two (2.0) floor area ratio, even though more floor area ratio may be accrued by award under § 762.1 and this section.
762.3In addition to those areas of a building normally included in the computation of gross floor area, the floor area of the following improvements or amenities shall be included in computing the gross floor area of the building of which they are a part:
(b) Pedestrian space; and(c) Through square connection.762.4The following bonus incentives (including the maximum floor area bonus or floor area ratio bonus) shall be available in the C-5 (PAD) District:
(a) Open arcade - three gross square feet (3 ft.2) may be added to the gross floor area of the building for each square foot of open arcade provided in accordance with § 763;(b) Enclosed pedestrian space - four gross square feet (4 ft.2) may be added to the gross floor area of the building for each square foot of enclosed pedestrian space provided in accordance with § 764;(c) Through square connection - four gross square feet (4 ft.2) may be added to the gross floor area of the building for each square foot of through square connection provided in accordance with § 765;(d) Theaters - four gross square feet (4 ft.2) may be added to the gross floor area of the building for each square foot of a legitimate theater or performing arts facility containing a minimum of one hundred fifty (150) seats. Where a legitimate theater or performing arts facility contains twelve hundred (1,200) or more seats, an award of eight gross square feet (8 ft.2) for each square foot of facility may be made. The increase in bulk shall be granted in accordance with § 766;(e) Residential uses - additional gross floor area equal to a floor area ratio of one (1.0) shall be granted where twenty (20) or more residential units of any size are provided; and(f) Closed court - fifteen gross square feet (15 ft.2) may be added to the gross floor area of the building for each square foot of closed court in excess of the area requirement specified in § 776 for the C-5 (PAD) District in accordance with § 767.D.C. Mun. Regs. tit. 11, r. 11-762
Final Rulemaking published at 24 DCR 10769, 10779 (June 16, 1978); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8406-07 (October 20, 2000) Authority: The Zoning Commission for the District of Columbia (the "Commission"), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 and 6-641.0 ).