For the purposes of calculating floor area ratio for the building, the aggregate square footage of all levels or stories of a penthouse measuring six and one-half feet (6.5 ft.) or more in height shall be included in the gross floor area contributing to the total floor area ratio permitted for the building, with the following exceptions:
For any property fronting directly onto Independence Avenue, S.W. between 12th and 2nd Streets, S.W., penthouses or rooftop structures, including any combination of mechanical or habitable penthouse space, shall not exceed one-third (1/3) of the total roof area upon which the penthouse or rooftop structure sits.
Areas within curtain walls without a roof used where needed to give the appearance of one (1) structure shall not be counted in floor area ratio but shall be computed as a penthouse to determine if they comply with Subtitle C § 1505.2.
D.C. Mun. Regs. tit. 11, r. 11-C1505