Section 11-1309. EIGHTH STREET SOUTHEAST NEIGHBORHOOD COMMERCIAL OVERLAY DISTRICT (ES)

 

1309.1The Eighth Street Southeast Neighborhood Commercial (ES) Overlay District is applied to a compact geographic area along Eighth Street, S.E., near the entrance to the Navy Yard, comprising those properties zoned C-3-A in Squares 906, 907, 929, and 930.

 

1309.2In addition to the purposes set forth in § 1300, the purposes of the ES Overlay District are to:

 

(a)Encourage and allow new business and office development in close proximity to the Navy Yard, with emphasis on firms that will conduct business with the Navy, as well as neighborhood-serving retail and service businesses;

 

(b)Allow and encourage medium density commercial development, in the interest of securing economic development, while restricting building heights to a low level so as to respect the historic scale of buildings and the entrance to the adjacent Navy Yard; and

 

(c)Provide for safe and efficient pedestrian movement by reducing conflicts between pedestrian and vehicular traffic, so as to improve access to retail and other businesses in the area.

 

1309.3For the purposes of § 1302, the designated area shall include any lot within the ES Overlay District that fronts on Eighth Street, L Street, M Street, or Potomac Avenue, S.E.

 

1309.4For purposes of § 1302.5, restaurants, fast food establishments, and prepared food shops, shall be subject to the following limitations: these uses shall occupy no more than fifty percent (50%) of the linear street frontage within the ES Overlay District, as measured along the lots that face designated roadways in the ES Overlay District of which up to half (1/2) of the fifty percent (50%) of the linear street frontage shall only be occupied by fast food establishments.

 

1309.5For purposes of § 1303.2, the designated roadways within the ES Overlay District shall be Eighth Street, M Street, and Potomac Avenue.

 

1309.6The maximum permitted height for any building or structure in the ES Overlay District shall be forty-five feet (45 ft.).

 

1309.7The maximum permitted gross floor area for permitted commercial and residential uses in the ES Overlay District shall be 3.0 FAR.

 

 

1309.8A penthouse within the ES Overlay District may be erected to a height in excess of that authorized in the zone district in which located; provided, that:

(a)The maximum permitted height shall be twelve feet (12 ft.) above the roof upon which it is located, except that the maximum permitted height for penthouse mechanical space shall be fifteen feet (15 ft.); and

(b)The maximum permitted number of stories within the penthouse shall be one (1).

 

 

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)).

source

Final Rulemaking published at 46 DCR 8290-91 (October 15, 1999); 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, 8446-47 (October 20, 2000); as amended by Final Rulemaking published at 54 DCR 9393 (September 28, 2007); as corrected by Errata Notice published at 58 DCR 4314, 4315 (May 20, 2011);as amended by Final Rulemaking published at 63 DCR 390 (January 8, 2016).