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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 11. ZONING REGULATIONS OF 1958 |
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Chapter 11-19. UPTOWN ARTS-MIXED USE (ARTS) OVERLAY DISTRICT |
Section 11-1901. USE PROVISIONS (ARTS)
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1901.1Retail and service uses listed in § 1907 and arts and arts-related uses listed in § 1908 shall occupy no less than fifty percent (50%) of the ground level of each building on a lot that fronts on 14th Street, U Street, or 7th Street; or on Florida Avenue between 7th and 9th Streets; provided, this requirement shall not apply to a building located on a lot less than fifty feet (50 ft.) in width, measured along the property line that abuts the public street, if the building is used as an apartment house, multiple dwelling, or hotel.
1901.2A hotel shall be a permitted use; provided, no other hotel is located within five hundred feet (500 ft.).
1901.3No drive-through accessory to any use shall be permitted.
1901.4A use that exists on the February 23, 1990, having a certificate of occupancy for a use first permitted in a C-M District, shall be permitted to expand if approved by the Board of Zoning Adjustment as a special exception, subject to the requirements of § 3104 and the following conditions:
(a)There shall be no outdoor storage of materials, nor any outdoor processing, fabricating, or repairs;
(b)There shall be adequate off-street parking for trucks and other service vehicles;
(c)The use shall not create objectionable effects on the character of the neighborhood because of its operations, traffic, or other conditions; and
(d)The Board may impose requirements that apply to the design, appearance, or screening of the site or any other requirement that it deems necessary to protect neighboring or adjacent property.
1901.5Required parking spaces may be shared by time of day with other uses specified in this subsection to meet all or a portion of the parking requirement for the uses on a lot; provided:
(a)The eligible evening uses shall be restaurant, legitimate theater, movie theater, dinner theater, or cabaret;
(b)The eligible daytime uses shall be office use and the arts uses and arts-related uses listed in § 1908, with the exception of the evening uses listed in paragraph (a) of this subsection; and
(c)The respective property owners shall execute an agreement that identifies the designated parking spaces and provides that use of the spaces for permitted daytime uses shall cease at no later than 6:00 p.m., Monday through Saturday, and shall be available for parking by the specified evening uses as agreed to by the parties involved. This agreement shall be filed with the Zoning Administrator to be maintained as part of the certificate of occupancy file on each affected property.
1901.6Eating establishments, drinking establishments, or eating and drinking establishments (“eating/drinking establishments”) shall be subject to the following limitations:
(a) No portion of an eating/drinking establishment located on the ground floor is permitted to occupy more than fifty percent (50%) of the linear frontage of each individual square, as set forth below:
14th Street, N.W.
U Street, N.W.
Square
Frontage (feet)
Square
Frontage (feet)
202
222.5
204
305.3
203
310.0
205
618.0
204
320.0
236
523.4
205
430.6
237
538.5
206
399.8
273
225.3
207
450.1
274
340.9
208
400.0
304
192.2
209
380.0
305
186.0
210
203.5
332
189.7
211
304.2
333
187.7
234
253.1
359
96.8
235
310.0
360
230.4
236
320.0
361
251.7
237
380.0
238
450.0
239
200.0
240
391.0
241
450.0
242
363.1
242N
154.5
(b)An eating/drinking establishment not located on the ground (street) level of a building shall not count towards the fifty percent (50%) limit; and
(c)An entrance to an eating/drinking establishment that is not located on the ground (street) level shall not count towards the fifty percent (50%) limit.
1901.7A building permit granted for a use as an eating/drinking establishment issued in accordance with § 3202 authorizes the subsequent issuance of a certificate of occupancy for the specified eating/drinking establishment; provided that the Zoning Administrator has determined that the use complies with § 1901.6 at the time the building permit is issued and that construction has been completed in accordance with the subject building permit.