Section 11-1799. DEFINITIONS

 

1799.1When used in this chapter, the following terms and phrases shall have the meaning ascribed:

 

Additional commercial space - the extra gross floor area permitted for commercial or office use on a lot in the DD Overlay District in exchange for providing or financially subsidizing affordable housing in other neighborhoods of the District of Columbia. (40 DCR 1959)

 

Affordable dwelling unit - a dwelling unit that is sold or rented to a household of low or moderate income. (40 DCR 1958)

 

Anchor store - a single retail store, having twenty-five thousand square feet (25,000 sq.ft.) or more of gross leasable area, and that is operated under single management and usually a single Certificate of Occupancy. An anchor store may include entertainment, recreation, or arts functions that are accessory to the principal retail use, or that have a separate Certificate of Occupancy for a portion of the total floor area. The subordinate uses may include eating and drinking, performance or visual art, limited recreational areas, children's play areas, audio and video displays, and interactive electronic and similar functions. (45 DCR 4529)

 

Art center - a multi-functional arts use that:

 

(a)Comprises two (2) or more distinct arts uses integrated under single management and a single Certificate of Occupancy;

 

(b)Includes but is not limited to uses such as art gallery, artist studio, art school, performing arts space, administrative offices of arts organizations, movie theater, artist live-work space; and

 

(c)Occupies part or all of a single building or a group of buildings that are within a radius of two thousand feet (2,000 ft.) of the centermost building.

 

Art exhibition area - a building lobby or part of a lobby, or another publicly accessible room on the basement or first or second floors of a building, which space is designed and used for the public display and sale of works of art.

 

Assessed value - the fair market value of property, as determined by the property tax assessment records of the District of Columbia Office of Tax and Revenue, as of the July 1st preceding the date on which the building permit application is filed. (40 DCR 1959)

 

Department store - a single retail store, in excess of ninety thousand square feet (90,000 ft.2) of gross leasable area, that is:

 

(a)Involved in the sale of, among other things, apparel and furnishing;

 

(b)Organized into departments or sections that are integrated under single management; and

 

(c)Operated under a single certificate of occupancy.

 

Displaced downtown business - a business that occupies a building on or after the date on which a demolition permit has been issued for that building, or that occupied a building that was demolished after January 1, 1986.

 

Gross leasable area - the sum of the floor area occupied by the business or use, as measured from the exterior faces of the walls encompassing the space, and including any stairways, elevator shafts, escalators, or mechanical areas inside the perimeter walls of the business use. In a building occupied by multiple tenants or multiple uses, the central elevator core or cores, associated lobbies, stairways, and mechanical areas shall be excluded from gross leasable area, if they serve the building as a whole.

 

Housing Production Trust Fund - the trust fund established within the Department of Housing and Community Development by the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-202; D.C. Official Code § 42-2802 (2001) (formerly codified at D.C. Code § 45-3102 (1996 Repl.))), the purpose of which is to stimulate production of housing for low and moderate income families and individuals. (40 DCR 1959)

 

Low income household - a household of one or more individuals with a total income equal to less than fifty percent (50%) of the Standard Metropolitan Statistical Area median as certified by the Department of Housing and Community Development. (40 DCR 1959)

 

Minority business - a Certified Minority Business as designated by the District of Columbia Minority Business Opportunity Commission.

 

Moderate income household - household of one or more individuals with a total income equal to between fifty percent (50%) and eighty percent (80%) of the Standard Metropolitan Statistical Area median as certified by the Department of Housing and Community Development. (40 DCR 1959)

 

Net leasable area - the sum of the floor area occupied by the business or use, as measured from the interior faces of the walls encompassing the space, and excluding any portion of the space devoted to mechanical equipment, lobby area, stairways, or elevators, if that portion of space serves the building as a whole.

 

Nonprofit housing sponsor - an organization that qualifies as a nonprofit organization under § 501(c)(3) of the Internal Revenue Code of 1986, approved October 22, 1986 (68A Stat. 163; 26 U.S.C. § 501(c)(3)) and that specializes in assisting or building affordable dwelling units. (40 DCR 1959)

 

Nonprofit housing trust fund - an organization that qualifies as a nonprofit organization under § 501(c)(3) of the Internal Revenue Code of 1986, approved October 22, 1986 (68A Stat. 163; 26 U.S.C. § 501(c)(3)), and also meets the following requirements:

 

(a)Exists primarily for the purpose of assisting in the production of affordable dwelling units;

 

(b)Operates a trust fund that disburses money for affordable housing development;

 

(c)Receives applications for funds directly from developers of affordable housing;

 

(d)Has adopted criteria for selection of projects and allocation of funds among various types of affordable housing developments; and

 

(e)Has been certified by the Director of the Department of Housing and Community Development as a qualifying nonprofit organization that also complies with paragraphs (a) through (d). (40 DCR 1959)

 

Performing arts center - one or more facilities that provide space for the performing arts, including but not limited to concert halls and legitimate theaters.

 

Residential uses - those uses defined in § 199.1 as apartments, apartment houses, bachelor apartments, rooming houses, and boarding houses.

 

Small business - a business that occupies two thousand square feet (2,000 ft.2) or less of net leasable area and that provides evidence of not being franchise-operated.

 

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, 642 (January 18, 1991); as amended by: Final Rulemaking published at 40 DCR 1956, 1958-59 (March 19, 1993); Final Rulemaking published at 44 DCR 4527, 4529 (August 8, 1997); 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, 8466-67 (October 20, 2000).