Section 11-U254. CORNER STORES (R)

254.1 A corner store shall only be permitted in the R-3, R-13, R-17, R-20, RF-1, RF-2, and RF-3 zones.

254.2 A corner store use shall be a retail, general service, arts design and creation, or eating and drinking establishment use subject to the provisions of this section. 

254.3 [RESERVED]

254.4 [RESERVED]

254.5 The allowable total area for a corner store shall be one thousand-two hundred square feet (1,200 sq. ft.), not including cellar space, and shall be limited to the ground story and cellar or basement.

254.6 A corner store shall only be located as follows:

(a) On a lot that is at the intersection of two (2) generally perpendicular streets;

(b) Not within five hundred feet (500 ft.) of more than one (1) other lot with a corner store use defined as an eating and drinking establishment;

(c) Not within five hundred feet (500 ft.) of more than three (3) other lots with a corner store use defined as retail, general service, or arts, design, and creation uses;

(d) In the R-3, R-13, or R-17 zones, on an interior or through lot with a building that was built prior to May 12, 1958 for the purpose of a nonresidential use, as established by a certificate of occupancy, permit records or other historical documents accepted by the Zoning Administrator;

(e) In the R-3, R-13, or R-17 zones, no nearer than five hundred feet (500 ft.) to a property line of a lot in a MU or NC zone;

(f) In the R-20 zone, on an interior or through lot with a building that was built prior to May 12, 1958, for the purpose of a nonresidential use, and only if the building was used for a corner store use within the previous three (3) years established by a certificate of occupancy, permit records, or other historical documents accepted by the Zoning Administrator; and

(g) In the R-20 zone, no nearer than seven hundred and fifty feet (750 ft.) to a property line of a lot in an MU or NC zone.

254.7 A corner store shall not be permitted:

(a) On an alley lot;

(b) On a lot or within a building containing more than one (1) dwelling unit or another corner store;

(c) Within a building that is accessory to the principal building on the lot;

(d) On an R zoned lot within Squares 1327 or 1350, 1351, 1352, or 1353 inclusive; or

(e) In the R-20 zone, on an interior or through lot that has not been used for corner store uses for three (3) or more consecutive years shall not be deemed eligible for a corner store use.

254.8 There shall be no on-site cooking of food or installation of grease traps; however, food assembly and reheating is permitted in a corner store.

254.9 There shall be no sale of alcoholic beverages for on-site consumption in a corner store.

254.10 All storage of materials and trash shall occur within the building area devoted to the corner store.  There shall be no external storage of materials or trash.

254.11 There shall be no on-site use or storage of dry cleaning chemicals in a corner store.

254.12 Only one (1) external sign may be displayed on the building’s façade, provided that the sign is not illuminated and is flush-mounted.

254.13 A corner store for which the use is a fresh food market or grocery store devoted primarily to the retail sale of food shall be permitted as a matter of right subject to the following conditions:

(a) The use shall meet the requirements of Subtitle U §§ 254.5 through 254.12;

(b) The use shall not operate between 9:00 p.m. and 7:00 a.m.;

(c) A minimum of forty percent (40%) of customer-accessible sales and display area shall be dedicated to the sale of a general line of food products intended for home preparation and consumption;

(d) A minimum of twenty percent (20%) of retail space shall be dedicated to the sale of perishable goods that include dairy, fresh produce, fresh meats, poultry, fish and frozen foods; and

(e) A maximum of fifteen percent (15%) of the gross floor area of the corner store located on the ground floor of the building may be devoted to the sale of alcohol for off-site consumption only when approved as a special exception.

254.14 A corner store use that is not permitted as a matter of right pursuant to Subtitle U § 254.13, shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9, subject to the following conditions:

(a) A corner store use shall be located so that it is not likely to become objectionable to neighboring property because of noise, traffic, deliveries, or other objectionable conditions;

(b) The applicant shall demonstrate that the proposed corner store use will not detract from the overall residential character of the area and will enhance the pedestrian experience by providing within the application the following information:

(1) A demonstration of conformity to the provisions of Subtitle U §§ 254.5 through 254.12;

(2) A description of proposed uses, activities, goods sold, or services rendered, including:

(3) Proposed size and location within the principal building;

(4) Proposed number of employees at any one (1) time and in total;

(5) Proposed hours of operation;

(6) Proposed signage;

(7) Any proposed amplified music or other sound outside of the building containing the corner store use;

(8) Any outdoor seating associated with the corner store use;

(9) Proposed parking number, location, and screening such that any parking shall be fully screened from all adjacent properties, streets and alleys;

(10) Proposed location of all storage; and

(11) Proposed location of trash storage and method and timing for removal;

(c) Any alterations to the property proposed to accommodate the corner store use, including any grading changes, tree removal; or addition of retaining walls, patios, or pervious surfaces;

(d) Any modifications to the building façade, including changes to window and door openings; and

(e) The maximum sales area devoted to the sale of alcohol for off-site consumption shall be limited to a maximum of fifteen percent (15%) of the gross floor area of the ground floor of the corner store.

254.15 The Board of Zoning Adjustment may waive the location restrictions of Subtitle U §§ 254.6(b) and (c) provided the applicant adequately demonstrates that the proposed corner store use will:

(a) Be neighborhood serving;

(b) Not negatively impact the economic viability or vitality of an area zoned MU or NC that is closer than seven hundred and fifty feet (750 ft.) to an R-20 zone or five hundred feet (500 ft.) to any other R zone;

(c) Not create a concentration of non-residential uses that would detract from the overall residential character of the area; and

(d) Not result in undue impacts uses on residents of the area through the concentration of such.

254.16 Except as provided in Subtitle U §§ 254.13 and 254.14, an application not meeting the requirements of this section shall be deemed a variance, subject to the provisions of Subtitle X, Chapter 10.

 

 

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, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016).