Section 11-I581. SPECIAL EXCEPTION

581.1 All proposed uses, new buildings, and new structures, or any proposed exterior renovation to any existing buildings or structures that would result in an alteration of the existing exterior design, shall be subject to review and approval by the Zoning Commission as a special exception in accordance with the provisions of Subtitle X, Chapter 9 and Subtitle I §§ 581.2 through 581.5, and, for locations not subject to review by the Commission of Fine Arts and for locations fronting on Independence Avenue between 2nd and 12th Streets, N.W., shall be referred to the National Capital Planning Commission for review and comment.

581.2 The reviewing body shall consider whether the proposed project – including the siting, architectural design, site plan, landscaping, sidewalk treatment, and operation – will help achieve the objectives of the Maryland Avenue Small Area Plan approved June 26, 2012, and its related or successor plans.  The objectives to be considered include:

(a) Building height, mass, and siting shall respect or re-establish vistas to the U.S. Capitol, the Washington Monument, and the Smithsonian Institution’s original building;

(b) Greater connectivity shall be achieved for pedestrians and vehicles both within the area and the adjacent area and shall be based on historic street rights-of-way, particularly including:

(1) Maryland Avenue, S.W. and the former right-of-way of that avenue between 6th and 12th Streets, S.W.;

(2) C Street, S.W., between 7th and 12th Streets, S.W.; and

(3) 12th Street, S.W., 11th Street, S.W., and the L’Enfant Promenade/10th Street, S.W., between Independence Avenue, S.W and D Street, S.W.;

(c) Conflicts between vehicles and pedestrians shall be minimized;

(d) Unarticulated blank walls adjacent to public spaces shall be minimized through facade articulation;

(e) Ground floor retail spaces shall have a clear height of least fourteen feet (14 ft.) if adjacent to major streets;

(f) The project shall minimize impacts on the environment, as demonstrated through the provision of an evaluation of the proposal against GAR requirements and LEED Gold certification standards; and

(g) Rooftop structures, architectural embellishments, and penthouses should be carefully located and designed to not compete with the architectural features of the Smithsonian Institution’s original building when viewed from its center point on the National Mall and from 10th Street, S.W.

581.3 Construction or substantial renovation of a building or structure that would include an area restricted by Subtitle I § 575.2 may be permitted only if the Zoning Commission has given approval as a special exception under Subtitle X, Chapter 9, subject to the following determinations:

(a) The exclusion of the property, right-of-way, or former right-of-way from permanent public access, or the inclusion of the property in a private development site is integral and beneficial to the provision of transportation infrastructure or improvements within or immediately adjacent to the boundaries of the D-8 zone, with such infrastructure or improvements including, but not being not limited to: dedication and/or construction of a public street; maintenance of a street median in the zone; provision of a public easement for a pedestrian walkway within the zone that would not otherwise be required; mass transit improvements within the zone, including, but not limited to, the accommodation and/or construction of a connection to a mass transit station; and the buildings or buildings to be constructed or substantially renovated on the property are in compliance with all other applicable regulations in Subtitle I;

(b) The Director of DDOT has determined that:

(1) The land within an existing or historic right-of-way on which the project would be constructed has been determined to not be essential to the District’s future vehicular or pedestrian network; or

(2) An acceptable, enforceable agreement has been executed for achieving pedestrian or vehicular connectivity in a location other than one regulated under Subtitle I § 575.2.; and

(c) The proposed building, and any height in excess of one hundred ten feet (110 ft.) not including a penthouse, would be consistent with the criteria established for review in Subtitle § 581.3:

(1) Contain(s) only residential uses or arts uses above the building’s ground floor, or the property has received credits under the terms of Subtitle I, Chapter 9 that would enable access to gross square footage exceeding 6.5 FAR for uses that are neither residential nor cultural; and

(2) Is consistent with the criteria established for review in Subtitle § 581.3;

581.4 When granting approval under Subtitle I §§ 581.1, 581.2, or 581.3, the Zoning Commission shall not reduce access to bonus density for a project that has demonstrated compliance with all applicable regulations.

581.5 As part of the special exception to be considered under Subtitle I § 581, the Zoning Commission may hear and decide any additional requests for special exception or variance relief needed for the subject property. Such requests shall be advertised, heard, and decided together with the application for Zoning Commission review and approval.

 

 

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 63 DCR 2447, 3041 (March 4, 2016 – Part 2).