Section 11-1704. DOWNTOWN ARTS DISTRICT (DD)

 

1704.1The policies and objectives for the Downtown Arts District, as defined in the Comprehensive Plan, including the Gallery Place subarea of Downtown and portions of the Downtown Shopping (SHOP) District (Retail Core), Pennsylvania Quarter, Convention Center, and Chinatown subareas are to:

 

(a)Retain, expand, and support a concentration of spaces and activities for the arts and artists, including the performing and visual arts, cultural facilities, entertainment, and arts-related retail uses;

 

(b)Create two (2) strong arts-entertainment corridors within the following areas:

 

(1)A spine of theaters, movie theaters, restaurants, nightclubs, and arts-related retail uses along E Street from 6th to 14th Street, N.W.; and

 

(2)A pedestrian-oriented concentration of museums, art galleries, other performing or visual arts uses, and festive retail- entertainment uses along 7th Street from Pennsylvania Avenue to north of G Street; and

 

(c)Encourage the general development pattern indicated in the Comprehensive Plan for the Arts District east of the SHOP District (Retail Core), specifically a mixture of residential, office, and hotel development on upper floors of buildings, with arts, specialty retail, and entertainment uses predominating on the lower levels of the buildings.

 

1704.2This section applies to properties in the following squares and portions of squares: 291, 322, 348, 406, 407, 408, 431, 432, 455, 456, 457, 458, 459, 460, and those portions of squares 405, 429, and 454 that are south of a line extending the midpoint of G Place eastward from 9th Street to 6th Street.

 

1704.3Each new or altered building shall devote not less than 1.0 FAR equivalent to retail and service uses listed in § 1710 and arts and arts-related uses listed in § 1711; provided:

 

(a)Not less than 0.25 FAR equivalent of the required gross floor area shall be devoted to one or more of the following uses: art center, art exhibition area, art gallery, art school, artist live-work space, artist studio, performing arts space, cabaret, dance hall, dinner theater, legitimate theater, movie theater, museum, or television and radio broadcast studio;

 

(b)A building may comply with the requirements of this subsection by devoting 0.5 FAR equivalent to the uses listed in paragraph (a), in which case the 1.0 FAR equivalent of total preferred uses is not required, and bonus density is earned in excess of the 0.5 FAR equivalent devoted to the uses listed in paragraph (a);

 

(c)A building that provides 1.5 FAR or more of residential uses shall have a reduced requirement of 0.5 FAR equivalent of preferred uses listed in §§ 1710 and 1711, of which no less than fifty percent (50%) shall be § 1711 uses;

 

(d)Squares located in both the Downtown Arts District as delineated in the Comprehensive Plan and the SHOP District shall be subject to the arts and retail provisions of § 1703, as specifically provided in § 1703.3(d); and

 

(e)A building located on a lot of five thousand square feet (5,000 ft.2) or less and having a height of six (6) floors or less at and above grade shall have a preferred use requirement of not less than 0.75 FAR equivalent of the uses listed in §§ 1710 and 1711 combined, and shall not have a residential use requirement as provided in § 1706.

 

1704.4An unenclosed sidewalk cafe shall count towards the preferred use requirement of § 1704.3, exclusive of paragraph (a); provided:

 

(a)The countable sidewalk or atrium area for this purpose shall not exceed one thousand square feet (1,000 ft.2); and

 

(b)The sidewalk or atrium area on the lot or on adjacent public space is countable as a restaurant use provided that the sidewalk cafe is operated from a restaurant located on the subject lot.

 

1704.5An art exhibition area shall count towards the preferred use requirement of § 1704.3 exclusive of paragraph (a); provided:

 

(a)The countable area for this purpose shall be not more than twenty percent (20%) of the total requirement for the preferred uses specified in § 1704.3;

 

(b)The area shall be open to the public during normal business hours at least five (5) days per week and fifty (50) weeks per year;

 

(c)The art exhibitions shall be curated by an art gallery or professional curator;

 

(d)The exhibitions shall change at least four (4) times per year with the exception that up to twenty percent (20%) of the art works may be a permanent exhibition; and

 

(e)At least two (2) of the exhibits, or a majority of the total art works displayed on an annual basis, shall be offered for sale to the public.

 

1704.6A building that provides the required 1.0 FAR equivalent for preferred uses specified in § 1704.3, and that includes any of the bonus uses in this subsection, may count the gross floor area equivalent devoted to such use or uses at the bonus ratio indicated for the purpose of earning bonus density:

 

		Gross floor area devoted to the bonus use		Proportionate number of square feet of additional gross floor area earned for on-site or off-site development
(a)	Art center, art school,  performing arts space, legitimate theater, or museum, in excess in each case of 40,000 sq. ft. of gross floor area as provided in § 1704.8;	1	to	3
(b)	Art Gallery or museum located on 7th or G Street, legitimate theater, artist studio, artist live-work space, art center, art school, or performing arts and rehearsal space;	1	to	2
(c)	Uses listed in § 1704.3(a); small, minority, or displaced business; and	1	to	1
(d)	Other uses listed in §§ 1710 and 1711 in excess of the 1.0 FAR equivalent required by § 1704.3, not to be counted in addition to bonus floor area from paragraphs (a) through (c) of this subsection.	1	to	0.5

 

1704.7An art center or art school may qualify for this bonus despite being located in more than one (1) building; provided:

 

(a)The buildings are located within a radius of two thousand feet (2,000 ft.) of the centermost building; and

 

(b)The art school or art center shall be operated under centralized management as a single institution.

 

1704.8Bonus density from arts uses not to exceed 0.5 FAR may be used to develop office space in place of residential space as required in § 1706.

 

1704.9A nonprofit arts use shall be entitled to twenty-five percent (25%) of density bonus in excess of the bonus ratio indicated in § 1704.6.

 

1704.10Floor area devoted to an arts use listed § 1704.3(a) that has a ceiling height greater than twelve feet (12 ft.) shall count towards the minimum required square footage at a rate of one-and-one-half (1 1/2) times the actual floor area devoted to the use.

 

authority

The Zoning Commission for the District of Columbia (the “Commission”), pursuant to its authority under §§ 1, 3, and 8 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 798, and 799; D.C. Official Code §§ 6-641.01, 6-641.03, and 6-641.07).

source

Final Rulemaking published at 38 DCR 612, 621 (January 18, 1991); as amended by Final Rulemaking published at 46 DCR 1016 (February 5, 1999); and Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8475-77 (October 20, 2000); as corrected by Errata Notice published at 58 DCR 4314, 4315 (May 20, 2011).