Section 11-K238. USE PERMISSIONS (SEFC-2 AND SEFC-3)

238.1 Except as prescribed below, use permissions, including uses permitted as a matter of right, as a special exception and as an accessory use, and uses not permitted shall be in accordance with the use provisions of the RA-5 zone of Subtitle U, Chapter 4. 

238.2 Notwithstanding Subtitle K § 238.1, the following buildings, structures, and uses are not permitted in the SEFC-2 and SEFC-3 zones:

(a) Detached, semi-detached, or rowhouse dwelling;

(b) Parking lot or garage as a principal use located on or above grade, except as a temporary use as permitted by special exception in Subtitle K § 238.3.

(c) Sanitarium; and

(d) Uses subject to special exception review in the RA-5 zone that are not listed in Subtitle K § 238.3 as being subject to Zoning Commission review and approval are not permitted in the SEFC-3 and SEFC-2 zones, unless such uses are permitted as preferred uses pursuant to Subtitle K § 236.

238.3 Notwithstanding Subtitle K § 238.1, the following buildings, structures, and uses are permitted only if reviewed and approved by the Zoning Commission, in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242:

(a) All buildings and structures that abut the SEFC-4 open space area, whether or not a street intervenes but excluding buildings and structures that abut the SEFC-4 development area including existing Building 160 and any additions thereto and any building or structure to be constructed immediately to the east of Building 160 (i.e., north of Water Street, S.E., west of 4th Street, S.E., east of Third Street, S.E., and south of Tingey Street, S.E.).

(b) Uses within the arts, design, and creation; entertainment, assembly, and performing arts; and the lodging use groups, subject to an overall cap within the SEFC-3 and SEFC-2 zones of 1.0 FAR maximum;

(c) Medical care;

(d) Institutional, religious based, which may include a parsonage, vicarage, rectory, or Sunday school building, as well as any related programs.

(e) Private club, lodge, fraternity house, sorority house, or dormitory;

(f) Education, private and education, public, including trade school; except a trapeze school as provided in Subtitle K § 238.5;

(g) Temporary parking lot or garage, for a maximum approval period of five (5) years, which may be renewed by the Zoning Commission, as a principal use, located at or above grade;

(h) Solid, freestanding wall and/or security gate exceeding a height of four feet (4 ft.);

(i) Education, college/university; and

(j) Daytime care.

238.4 Within the SEFC-3 and SEFC-2 zones, "preferred uses" listed in Subtitle K § 236 shall be regulated in accordance with the following criteria:

(a) Preferred uses shall be provided in any building or structure facing:

(1) Tingey Street, S.E., west of 4th Street, S.E., and east of 4th Street, S.E., but in the latter case, only along the southern side of Tingey Street, S.E., for a length of fifty feet (50 ft.) minimum as measured from the west exterior facade of any building or structure constructed on the southeast corner of Tingey Street, S.E. and 4th Street, S.E., or

(2) The SEFC-4 Zones;

(b) Where required, preferred uses shall comprise a minimum of seventy-five percent (75%) of the frontage facing Tingey Street, S.E., or the SEFC-4 District, and a minimum of seventy-five percent (75%) of the applicable portion of the gross floor area of the ground floor with a depth of fifty feet (50 ft.) from the exterior facade of the front of the building, not including parking, parking access, mechanical and fire control rooms, and other non-public spaces;

(c) The requirement to provide preferred uses shall not apply to any addition to a building facing onto Tingey Street, S.E. or the SEFC-4 zone if the addition to the building has no frontage facing onto Tingey Street, S.E. or the SEFC-4 zone, but, as allowed pursuant to Subtitle K § 238.4(d), preferred uses may be provided on the ground floor level of such addition;

(d) For Building 160, notwithstanding the requirements noted above, the total amount of preferred use space shall be a minimum of three thousand square feet (3,000 sq. ft.) of space facing Tingey Street, S.E. and a minimum of six thousand square feet (6,000 sq. ft.) of space facing Water Street, S.E., for a total of at least nine thousand square feet (9,000 sq. ft.);

(e) In addition to the locations in which preferred uses are required pursuant to Subtitle K § 238.4(a), preferred uses may be provided on the ground floor level of buildings or structures in other areas within the SEFC-3 and SEFC-2 zones, but are not required.  If provided, such preferred use area shall not be required to conform to the requirements of Subtitle K § 238.4(a), (g), (h), and (i).  If the bonus density authorized pursuant to Subtitle K § 238.4(e), is used to provide non-required preferred uses, the preferred use area must be dedicated to preferred uses for the life of the building;

(f) The density associated with preferred uses shall be in addition to otherwise permitted density, and shall not exceed 0.5 FAR;

(g) For good cause shown, the Zoning Commission may authorize interim occupancy of the preferred use space required under Subtitle K § 238.4(a) by other uses permitted in the RA-5 zones for up to a five (5) year period; provided that the ground floor space is suitably designed for future occupancy by preferred uses;

(h) Not less than fifty percent (50%) of the surface area of the street wall, including building entrances, of those building frontages dedicated to preferred uses described in Subtitle K § 238.4 shall be devoted to doors or display windows having clear or low emissivity glass;

(i) Preferred uses shall provide direct, exterior access to the ground level; and

(j) The minimum floor-to-ceiling height for portions of the ground floor level devoted to preferred uses shall be fourteen feet (14 ft.).

238.5 A trapeze school and aerial performing arts center may be established and continued as a matter of right in Parcel O until December 31, 2015, during which time no parking shall be required.

238.6 The continuation of the trapeze school and aerial performing arts center use after December 31, 2015 shall require approval by the Zoning Commission in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242, and shall include a determination as to whether and what amount of parking should be required.

 

 

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, 3176 (March 4, 2016 – Part 2).