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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 12. CONSTRUCTION CODES SUPPLEMENT OF 2013 |
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SubTilte 12-A. BUILDING CODE SUPPLEMENT OF 2013 |
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Chapter 12-A32. ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY |
Section 12-A3202. ENCROACHMENTS
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Strike Sections 3202.1 through 3202.4 of the International Building Code in their entirety and add new Sections 3202.1 through 3202.13.2.5 in the Building Code in their place to read as follows:
3202.1 Character of encroachments. Encroachments into the public right-of-way or into public space (hereinafter referred to in this section as “projections”) are a privilege. They cannot be claimed as a right, and require a permit issued by the code official. The provisions of Section 3202 establish limitations on the projections that the code official is authorized to approve. The code official is authorized to further restrict or refuse proposed projections if the code official considers such action best for the public interest.
3202.2 Removal of projections. Approval of projections shall be issued with the understanding and agreement by the applicant that any and all such projections shall be promptly removed upon notice from the code official.
3202.3 [RESERVED]
3202.4 Modification of projection requirements. The code official is authorized to grant modifications of requirements on projections when the modification is deemed in the general public interest, as defined in Section 3202.4.1 or, in the case of foregone construction, as set forth in Section 3202.4.2.
3202.4.1 Modifications in the general public interest. Modifications in the general public interest are those requested to embellish the building, provided that:
1.The primary object of the modification is not the occupation of additional public space;
2.The primary object of the modification is not changing of interior arrangements;
3.In the opinion of the code official such modification will not interfere with adjacent buildings; and
4.In the opinion of the code official such modification will not interfere with the general public interest.
3202.4.2 Foregone construction. Foregone construction is deemed to occur when, in conformity with a plan previously approved by the National Capital Planning Commission for improvement of any street or thoroughfare, the owner will permanently forego construction on, or the use of a portion of his, her or its lot. In such cases, the code official is authorized to grant a projection modification to authorize projections which shall equitably compensate such owner, if (a) the code official determines the public interest will thereby be better served; and (b) the projection modification complies with the limitations and conditions set forth in Sections 3202.4.2.1 through 3202.4.2.5.
3202.4.2.1 Width. The width of projections allowed under Section 3202.4.2 shall be limited as follows:
1. The proposed projection shall be authorized to be constructed to the lot line extended, on the side of any adjoining structure that contains projections, facing the same public right-of-way, that project into public space at least as much as the proposed projection.
2. The proposed projection shall not extend to within 10 feet (3048 mm) of the lot line extended, on the side of any adjoining structure that does not project or that only contains projections, facing the same public right-of-way, that project into public space less than the proposed projection.
Exception. A portion of the proposed projection shall be allowed to encroach into this 10 foot restriction zone if the angle formed by the lot line and the face of that portion of the projection does not exceed 45 degrees.
3. Projections at the corner of two streets shall be allowed to continue around the corner if similar projections are approved for both streets.
3202.4.2.2 Height. The height above grade of projections approved under Section 3202.4.2 shall be limited to the height of the building. A clearance of not less than 20 feet (6096 mm) above the sidewalk or parking grade shall be maintained under any portion of such projections or supports thereof. Balconies or other projections which in the judgment of the code official will embellish the area, when approved, shall be allowed to be constructed with lower clearances above grade; provided, such clearances shall be at least 8 feet (2438 mm) above walkways and at least 15 feet (4572 mm) above driveways.
3202.4.2.3 Projecting distance. The footprint of projections approved under Section 3202.4.2 shall be entirely located between the lot line and the outer edge of the curb, and the outer face of all projections shall be at least 4 feet (1219 mm) from the outer edge of the curb. In addition, the projecting distance of the projection shall be limited as specified in Table 3202.4.2.
TABLE 3202.4.2
MAXIMUM PROJECTIONS
UNDER FOREGONE CONSTRUCTION MODIFICATIONS
TYPE OF STREET
WIDTH OF Street
(feet)a
MAXIMUM PROJECTING DISTANCE
(feet)a
Streets without public parking
40 to 45 feet
4
Streets without public parking
More than 45 feet; up to, and including, 70 feet
6
Streets without public parking
More than 70 feet; up to, and including, 80 feet
8
Streets without public parking
More than 80 feet
14
Streets with public parking
Any width
14
Note a. 1 foot = 304.8 mm
3202.4.2.4 Required covenant. The owner who applies for a projection modification under Section 3202.4.2 shall submit a certified copy of a written covenant, complying with Section 106.6.4, filed and recorded in the Office of the Recorder of Deeds.
3202.4.2.5 Referral to Public Space Committee. The code official shall refer to the Public Space Committee, for consideration and recommendation, all applications for projection modifications proposed under Section 3202.4.2.
3202.5 Projections on streets to be widened. Except as otherwise permitted by this chapter, no projections shall be allowed on the parts of streets to be widened in conformity with adopted and recorded highway extension plans, including a building restriction area where the same exists on a lot, until such parts of streets are so widened.
3202.5.1 Existing buildings. Where existing streets are widened, or new streets are laid out and opened, in conformity with the adopted and recorded highway extension plans, in subdivisions existing at the time of record of such plans, and such widening or opening shall leave buildings or parts of buildings on such streets, such buildings or parts of buildings will be allowed to remain as projections beyond the new lot line or building restriction line if one exists. Such grandfathered projections of such existing buildings shall be limited in projection distance to that allowed for porches by Section 3202.11.2.3, but no limitations shall be placed upon the kind of projection unless the facade is structurally altered. Such buildings are permitted to be moved under permit to another location on the same lot, upon compliance with applicable regulations.
3202.5.1.1 Structurally altered facades of existing buildings. In case the facade of an existing building covered by Section 3202.5.1 is structurally altered, the projections resulting from such alterations shall conform in all respects to the requirements of these regulations for new projections.
3202.6 Streets on which projections are prohibited. Projections shall not be permitted on the following street segments:
1.North side of Good Hope Road, S.E. between Martin Luther King, Jr. Avenue, S.E. and 18th Street, S.E.;
2.Florida Avenue, N.W., from 7th Street, N.W. to 9th Street, N.W.;
3.Maine Avenue, S.W., from 7th Street, S.W. to 14th Street, S.W.;
4.M Street, N.W., from 29th Street, N.W. to 36th Street, SN.W.;
5.K Street, N.W., from Rock Creek westward to Wisconsin Avenue, N.W.;
6.Water Street, N.W., from Wisconsin Avenue, N.W. westward to the termination of said street;
7.Wisconsin Avenue, N.W., from the angle south of N Street, N.W. to the north roadway of Q Street, N.W.;
8.Twelfth Street, N.W., from Monroe Street, N.W. to the angle north of Otis Street, N.W.;
9.Martin Luther King, Jr. Avenue, S.E. from Good Hope Road, S.E. to the northern boundary of the grounds of St. Elizabeths Hospital.
Exception: Projecting cornices, bases, sills, belt courses, pilasters and water tables are not restricted by this section.
3202.7 General restrictions. All projections shall comply with the provisions of Sections 3202.7.1 through 3202.7.6.
3202.7.1 Limitations based on street width. Except as otherwise permitted by this chapter, projections shall not be allowed on any street less than 60 feet (18288 mm) in width.
Exception: Projecting cornices, bases, water tables, pilasters or uncovered steps.
3202.7.1.1 Minimum clearance to curb line. A minimum clear space from the outer edge of the curb to the outer face of all projections and steps shall be preserved, as follows:
1. Six feet (1829 mm) on streets 40 feet (12192 mm), but less than 50 feet (15250 mm) wide;
2. Eight feet (2438 mm) on streets 50 feet (15240 mm), but less than 60 feet (18288 mm) wide;
3. Ten feet (3048 mm) on streets 60 feet (18288 mm) to and including 80 feet (24384 mm) wide;
4. Twelve feet (3658 mm) on streets more than 80 feet (24384 mm) to and including 90 feet (27432 mm) wide; and
5. Fifteen feet (4572 mm) on streets more than 90 feet (27432 mm) wide.
For purposes of Section 3202.7.1.1, the term “street” shall include the public thoroughfare and any adjoining building restriction areas.
3202.7.2 Clearance to lot lines extended. A clear space of at least 8 inches (203 mm) shall be preserved between party lines extended or alley lines extended and the outer walls or sides of projections.
Exception: Cornices, belt courses, pilasters, bases, water tables, and walls of areaways, are permitted to extend to but not over party lines extended or alley lines extended. Such projections shall be constructed so that the removal of one structure or its projections will not affect or damage the adjoining structure or projections and will not interfere with the construction or reconstruction of projections or buildings on the adjoining property.
3202.7.3 Chimneys. Chimneys shall not project beyond the lot line or building restriction line, if one exists.
3202.7.4 Plumbing fixtures. Plumbing fixtures shall not be located in projections.
Exception: Areaway drains and roof drains.
3202.7.5 Overhead projections. The footprint of any projecting sign, fixture, marquee, or other overhead projection of a building shall not extend over public space or into the public right of way beyond a line 18 inches (457 mm) behind the curb line.
Exception: Market sheds, as provided for in Sections 3202.12.4 through 3202.12.4.3.
3202.7.6 Construction of projections. Projections shall be constructed of any materials permitted by this code for the type of construction of the building.
Exceptions:
1.Roofing, skylights and roof domes in projecting structures are permitted to be of the same materials allowed for similar non-projecting structures.
2.Where noncombustible materials are specifically required elsewhere in this chapter for specific projections.
3.Where combustible materials are specifically allowed elsewhere in these regulations for specific projections.
3202.8 Projections requiring special approval. Projections regulated under Sections 3202.8.1 and 3202.8.2 shall require approval by the District Department of Transportation (DDOT).
3202.8.1 Pedestrian walkways and tunnels. Pedestrian walkways and tunnels shall meet the requirements of Section 3104. In addition, the vertical clearance above the public right-of-way or the surface of public space to the lowest part of an elevated pedestrian walkway shall be no less than 15 feet (4572 mm).
3202.8.2 Porte-cocheres. Porte-cocheres shall be permitted one story in height. All driveways and approaches that serve a porte-cochere and cross sidewalks or parking lots shall be paved and otherwise improved to the satisfaction of DDOT.
3202.9 Subsurface projections. Areaway and vault projections shall comply with the requirements of Sections 3202.9.1, 3202.9.2 and 3202.9.3, respectively.
3202.9.1 Areaways. Areaway projections shall comply with the requirements of Sections 3202.9.1.1 through 3202.9.1.5.
3202.9.1.1 Width. The width of an areaway, measured from outside to outside of the areaway’s enclosing walls, shall not be limited if located between party lines extended.
3202.9.1.2 Enclosure height. The height of areaway enclosures shall be limited to the highest point of the surface of the adjoining pavement or grade.
Exception: Copings not over 8 inches (203 mm) high, and railings or guardrails.
3202.9.1.3 Projection. The extent of areaway projection shall be measured from the lot line or building restriction line, if one exists, to the inside face of the areaway wall. Projection beyond the lot line or building restriction line, if one exists, shall be limited as follows:
1. Four feet (1219 mm) on streets in Commercial and Industrial Districts.
2. Four feet (1219 mm) on streets without public parking in Residence, Waterfront, Mixed Use and Special Purpose, more than 60 feet (18288 mm) wide.
3.Six feet (1829 mm) on streets with public parking in Residence, Special Purpose, Mixed Use and Waterfront Districts, 60 to 70 feet (18288 mm to 21336 mm) wide.
4.Six and a half feet (1981 mm) on streets with public parking in Residence, Special Purpose, Mixed Use and Waterfront Districts, more than 70 feet (21336 mm) wide.
5. Seven feet (2134 mm) on streets with public parking in Residence, Special Purpose, Mixed Use and Waterfront Districts where public parking is 20 feet (6096 mm) or more in width.
3202.9.1.4 Other requirements. Areaways shall be protected by substantial metal guardrails not less than 42 inches (1067 mm) nor more than 48 inches (1219 mm) high. Proper protection by metal railings that meet the guardrail requirements of Section 1013 of the Building Code shall be provided where steps or platforms are built over areaways, subject to the requirements of 24 DCMR § 103. Basement or cellar steps in areaways shall be protected in the same way and shall have gates at top of the steps unless otherwise protected.
3202.9.1.5 Alley location prohibited. Areaways shall not be located in an alley.
3202.9.2 Vaults. Vaults shall comply with the requirements of Sections 3202.9.2.1 through 3202.9.2.5.
3202.9.2.1 Permits. Applications for vault permits shall be submitted to the code official, accompanied by the following documentation:
1. Plans showing the location and dimensions of the vault, vault openings, the vault depth below the surface of the pavement or grade, and the proposed method of construction.
2. A certified copy of a written vault agreement in compliance with D.C. Official Code § 10-1103.01 and Section 106.6.1 filed and recorded in the Office of the Recorder of Deeds.
3202.9.2.2 Size and openings. Vault design shall comply with the following:
1. Approval of the size and extent of vaults, and of the number and size of vault openings, shall be a matter of special determination in each case by the code official.
2. Vaults extending under alleys shall have no openings in the alley pavement, and shall not extend within 2.5 feet (762 mm) of the center of the alley.
3202.9.2.3 Use of vault space. The use of the vault space shall be subject to the following conditions:
1. The code official is authorized to approve transformer vaults exclusively to house utility equipment. Storage in such vaults shall be prohibited.
2. Vaults in Commercial, Industrial, Mixed Use, Waterfront or Special Purpose Districts shall not be used for the following purposes: public entrances to basements; means of egress corridors; housing of boilers; housing of plumbing fixtures; housing of storage tanks for propane or other flammable gas; or the housing of mechanical appliances or any equipment not removable within 24 hours.
3. Vaults shall be allowed to be used for the following purposes: access to open areaway stairs; storage of readily movable personal property and equipment; sales or office space; housing of fuel oil storage tanks; parking of motor vehicles; installation of ducts, pipes or wiring; location of ducted air shafts; housing of fans; and housing of similar items which can be removed or relocated if vault space is removed.
4. Fuel oil filling pipes, in vaults in Commercial, Industrial, Mixed Use, Waterfront or Special Purpose Districts, shall be extended to within 18 inches (457 mm) of the curb line when physically possible. Such pipes shall terminate in filling boxes of approved design. A separate permit shall be required for such filling pipes and filling boxes.
5. If openings in the roofs of vaults are used for sidewalk elevators or for runways, they shall be located as near to the curb as possible and shall be equipped with heavy metal safety doors and frames.
6. The code official is authorized to approve other uses not forbidden by law, code, or regulation.
3202.9.2.4 Vault cover. Coverings over vaults shall comply with the following:
1. The paving over vaults shall be laid according to specifications of DDOT for surface paving and shall conform to established grades. All such coverings shall be so constructed as to be flush with pavement, and have a roughened surface to provide security to persons passing over them.
2. When paving over vaults is installed pursuant to a public space permit or order issued by DDOT, the paving shall be laid at the expense and risk of the person doing the work.
3. The roof of a vault located between the curb and the lot line, or in a building restriction area, shall at no place be less than 4 inches (102 mm) below the approved sidewalk grade at that point.
4. Vaults shall be roofed over within a reasonable time or within the time fixed by the public space permit.
5. Whenever the grade over the vault is changed, the vault covering shall be changed and re-paved at the expense of the person doing the work, except where the grade change impacts the top of the vault, in which case the owner of the abutting property shall pay for that portion of the work required to conform the vault to the new grade.
3202.9.2.5 Interference with utilities. Construction of vaults shall be subject to the following conditions:
1. Vaults shall be constructed so as not to interfere with sewers, water mains, gas mains, electric or telephone conduits, signal conduits, manholes, lamp posts, trees, or any other public or public utility works or improvements.
2. If construction or alteration of a vault requires the removal or relocation of utilities, and if by agreement a public utility or District utility arranges to alter its facilities, the owner of the abutting lot shall notify the appropriate utility company or utility office concerned when a permit has been issued and construction or alteration work is ready to commence.
3202.10 Balconies, windows, towers and structural trim. Balconies, windows, towers and structural trim shall conform to the provisions of Sections 3202.10.1 through 3202.10.9.
3202.10.1 Prohibition on alley location. Balconies, bay oriel or show windows, or towers shall not project into or over an alley.
3202.10.2 Balconies. Balconies shall comply with the width and projection requirements of Sections 3202.10.2.1 and 3202.10.2.2.
3202.10.2.1 Width. Balconies shall maintain an 8-inch separation from party lines extended. Aggregate balcony width is otherwise unlimited. Where balconies are structurally connected to bay windows, the width of the balconies shall be included in the width of the bay windows and the combined width shall comply with the requirements for bay windows. A balcony at the corner of two streets is permitted to be continued around the corner. The portion of such a continued balcony that is located beyond party lines extended shall not be counted in the width of projections on either front.
3202.10.2.2 Projection. Balcony projections shall be limited as follows:
1. Three feet (914 mm) beyond the lot line or building restriction line, if one exists, on streets more than 60 feet (18288 mm) and less than 70 feet (21336 mm) wide.
2. Four feet (1219 mm) beyond the lot line or building restriction line, if one exists, on streets 70 feet (21336 mm) or more in width.
For purposes of Section 3202.10.2.2, the term “street” shall include the public thoroughfare and any adjoining building restriction areas.
3202.10.3 Bay windows. Bay window projections shall comply with the requirements of Sections 3202.10.3.1 through 3202.10.3.4.
3202.10.3.1 Width. The width of bay windows at each lot line or building restriction line, if one exists, shall be limited as follows:
1. A bay window projection shall not be allowed on buildings less than 16 feet (4877 mm) wide at the lot line or building restriction line, if one exists;
2. A single projection of 9 feet (2743 mm) in width shall be allowed for all buildings having a width of 16 feet (4877 mm) or more at the lot line or building restriction line, if one exists;
3. The allowable width of a single projection shall increase 6 inches (152 mm) for every foot (305 mm) of increase in the width of the building between 16 feet (4877 mm) and 24 feet (7315 mm) wide at the lot line or building restriction line, if one exists;
4. For buildings over 24 feet (7315 mm) in width the allowable width of a single projection shall increase 2 inches (51 mm) for every foot (305 mm) of increase in width of the building over 24 feet (7315 mm).
5. Multiple projections (two or more separate projections) shall not be allowed on buildings less than 24 feet (7315 mm) wide at the lot line or building restriction line, if one exists;
6. On buildings 24 feet (7315 mm) wide a double projection shall be allowed, the total width of both projections not to exceed 13 feet (3962 mm).
7. The allowable aggregate width of double or multiple projections on buildings exceeding 24 feet (7315 mm) in width at the lot line or building restriction line, if one exists shall be increased 6 inches (152 mm) for each foot (305 mm) of increased building width over 24 feet (7315 mm).
8. The width of bay window projections shall be measured at a distance of 1 foot (305 mm) from the lot line or building restriction line, if one exists.
9. Bay window projections of buildings on interior lots shall not extend beyond party lines extended.
10. A bay window at the corner of two streets is permitted to be continued around the corner. The portion of such a continued bay window that is located beyond party lines extended shall not be counted in the width of projections on either front.
3202.10.3.2 Height. The height of bay windows shall not be limited.
3202.10.3.3 Projection. The projection of bay windows shall be limited as follows:
1. Three feet (914 mm) on streets 60 feet (18288 mm) to 70 feet (21 336 mm) wide.
2. Four feet (1219 mm) on streets more than 70 feet (21336 mm) wide.
For purposes of Section 3202.10.3.3, the term “street” shall include the public thoroughfare and any adjoining building restriction areas.
3202.10.3.4 Other restrictions. Stairways shall not be permitted in bay window projections. Doors in bay windows that do not swing beyond the projection shall be permitted.
3202.10.4 Oriel and show windows. Oriel and show windows shall comply with the requirements of Sections 3202.10.4.1 and 3202.10.4.2, respectively.
3202.10.4.1 Oriel windows. Oriel windows shall conform to all the requirements governing bay windows.
3202.10.4.2 Show windows. Show windows shall conform to the width, projection and restrictions requirements of Sections 3202.10.3.1, 3202.10.3.3 and 3202.10.3.4 governing bay windows.
3202.10.5 Towers. Tower projections shall conform to all the requirements governing bay windows.
3202.10.6 Colonnades. Colonnades shall comply with the width, height and projection requirements of Sections 3202.10.6.1 through 3202.10.6.3.
3202.10.6.1 Width. Colonnades are subject to the minimum clearance of 8 inches (203 mm) from party lines extended and alley lines extended, required under Section 3202.7.2.
3202.10.6.2 Height. The height of colonnades is limited to two stories above grade.
3202.10.6.3 Projection. Colonnade projection is limited to 6 feet (1829 mm) where public parking exists and the depth of public parking is 17 feet (5182 mm) or more wide. Projecting colonnades shall not be permitted on streets where public parking exists and the depth of public parking is less than 17 feet (5182 mm) wide.
3202.10.7 Pilasters. Pilasters not more than 5 feet (1524 mm) wide are permitted to project 4 inches (102 mm) beyond the lot line or building restriction line, if one exists. Pilaster bases are permitted to project 8 inches (203 mm) beyond the lot line or building restriction line, if one exists.
3202.10.8 Bases, water tables and sills. Projecting bases and water tables shall not be more than 4 feet (1219 mm) above grade at the building wall nor above window sill level of the main story. Their length is not limited. The projection beyond the lot line or a building restriction line, if one exists, of bases, water tables, and window and other sills, is limited to 8 inches (203 mm).
3202.10.9 Belt courses, cornices and roof overhangs. The length and height of belt courses, cornices, and roof overhangs are not limited. The projection beyond the lot line or building restriction line, if one exists, is limited to 8 inches (203 mm) for belt courses and 60 inches (1524 mm) for cornices and roof overhangs.
3202.11 Porches, steps, ramps and doors. Projecting porches, steps, ramps and doors shall conform to the provisions of Sections 3202.11.1 through 3202.11.5.
3202.11.1 Restrictions by zoning districts. Porch and step projections shall be allowed only in Residence, Waterfront, Mixed Use and Special Purpose Districts.
3202.11.2 Porches. Porches shall have open balustrades or guardrails and shall be open to the roof. The floor of the porch shall be not more than 5 feet (1524 mm) above the terrace, public parking, adjacent grade or pavement.
3202.11.2.1 Width. Where there are no bay windows, oriel window or tower projections, one-story high porches shall not be limited in width. Where there are bay windows, oriel window or tower projections in the same story, the aggregate width of porch and bay window, oriel window, or tower projections shall not exceed the limits specified for multiple bay window projections in Section 3202.10.3.1. The width of porches of more than one story in height shall conform to the provisions for bay windows in Section 3202.10.3.1.
3202.11.2.2 Height. Porches of wood frame construction shall be limited to one story. Porches of more than one story in height shall be of noncombustible construction throughout.
3202.11.2.3 Projection. Projection of one-story high porches shall be limited as follows:
1. Three feet (914 mm) on streets without public parking, 60 feet (18 288 mm) to 70 feet (21 336 mm) wide.
2.Four feet (1219 mm) on streets without public parking, more than 70 feet (21 336 mm) wide.
3.Five feet (1524 mm) on streets with public parking. Porches more than one story in height shall conform to the provisions for bay windows in Section 3202.10.3.3 as to the extent of projection beyond the building line.
For purposes of Section 3202.11.2.3, the term “street” shall include the public thoroughfare and any adjoining building restriction areas.
3202.11.2.4 Rear porches. Porches on rear of dwellings shall not project over the lot line or a building restriction line, if one exists.
3202.11.3 Steps and ramps. Projecting steps and ramps are not limited in width but shall comply with the following height and projection requirements.
3202.11.3.1 Height. Step and ramp projections shall not extend above the level of the main floor.
3202.11.3.2 Projection. Step and ramp projections shall be limited as follows:
1. Three feet (914 mm) on streets without public parking, 40 feet (12192 mm) or more in width, but less than 45 feet (13 716 mm) wide.
2. Four feet (12 192 mm) on streets without public parking, 45 feet (13716 mm) or more in width, but less than 70 feet (21 336 mm) wide.
3. Five feet (1524 mm) on streets without public parking, 70 feet (21336 mm) or more in width, but less than 80 feet (24 384 mm) wide.
4. Six feet (1829 mm) on streets without public parking, 80 feet (24384 mm) or more in width.
5. Ten feet (3048 mm) on streets with public parking, 80 feet (24384 mm) or more in width.
For purposes of Section 3202.11.3.2, the term “street” shall include the public thoroughfare and any adjoining building restriction areas.
3202.11.4 Projecting doors and windows. Projecting doors and windows shall conform to the provisions of Sections 3202.11.4.1 through 3202.11.4.2.
3202.11.4.1 Permanent doors or windows. Permanent doors or windows shall not open outward into public space where the base of the door or window opening is less than 12 feet (3658 mm) above the sidewalk grade.
Exception: Where the line of travel is protected by an adjoining porch, terrace, bay window, areaway, or similar construction, projecting not less than the outward swing of the door, permanent doors or windows are permitted to open outward.
3202.11.4.2 Restrictions by zoning district. Permanent doors and windows in Residence, Mixed Use, Waterfront or Special Purpose Districts shall be allowed to open on public parking, provided they do not encroach on any sidewalk or driveway.
3202.12 Awnings, canopies, marquees, market sheds, platforms, and scales. Awnings, canopies, marquees, market sheds, platforms, and scales shall conform to the provisions of this section and other applicable sections of the Construction Codes.
3202.12.1 Awnings. Awnings shall conform to the provisions of this section, Section 3105 and other applicable sections of the Construction Codes.
3202.12.1.1 Projecting awnings beyond the lot. Folding, hinged or fixed type awnings attached only to the structure are permitted to be erected over windows, show windows and doors, and shall comply with the provisions of Sections 3202.12.1.1 through 3202.12.1.6.
Exception: The openings of projecting porches in Residence Districts are permitted to be covered with an awning.
3202.12.1.2 Clearance. Projecting awnings shall have a minimum clear height of 8 feet (2438 mm) above the sidewalk or the surface of any other adjacent public space.
3202.12.1.3 Width. The width of projecting awnings shall be limited to the width of the window, show window; door or opening and a reasonable distance each side thereof.
3202.12.1.4 Projection. Projecting awnings shall not extend over 5 feet (1524 mm) beyond the vertical plane of the point of attachment into a public right-of-way.
3202.12.2 Canopies. Canopies shall conform to the provisions of this section, Section 3105 and other applicable sections of the Construction Codes. Canopies are permitted to be erected over doors, windows, show windows or other display openings and loading platforms, subject to the limitations of Sections 3202.12.2.1 through 3202.12.2.5.
3202.12.2.1 Restrictions based on zoning districts. Canopies projecting over or into a public space or public right-of-way are permitted to be erected in Commercial and Industrial Districts. Canopies approved pursuant to Sections 3202.12.2.5 shall not be restricted based on zoning district.
3202.12.2.2 Width. Canopies are permitted to extend laterally on a building so as to cover the display window or space and a reasonable distance on each side thereof.
3202.12.2.3 Clearance. Projecting canopies shall have a minimum clear height of 8 feet (2438 mm) above the sidewalk or the surface of any other public space.
3202.12.2.4 Projection. Canopy projections shall not exceed 5 feet (1524 mm) into public space unless the plans are submitted to and approved by the code official.
3202.12.2.5 Canopies over public parking and sidewalks. The code official is authorized to approve permits for canopies with fixed iron posts and frames to be erected beyond the lot line or building restriction line, if one exists, to the inner line of the sidewalk where such canopies will be used in conjunction with any of the following:
1. A Group A occupancy having an occupant load greater than 100 persons.
2. A Group R occupancy having more than 50 dwelling units.
3. A Group M or B occupancy with a frontage of 100 feet (30 480 mm) or more on the street on which the canopy is proposed.
4. A Group M or B occupancy that contains more than 15,000 square feet (1395 m2) in area per floor.
3202.12.2.5.1. Special merit cases. In specific cases where the code official determines that such an installation would be of merit without being detrimental to the public, the code official is authorized to grant approval of canopies over sidewalks that extend as close as 18 inches (457 mm) from the curb, when the code official determines that (a) pedestrian traffic flow will not be impeded; (b) the presence of such an awning will not detract from the appearance of the neighborhood; and (c) such an awning will be of convenience to the patrons of the establishment served by the awning, especially in the loading and unloading of vehicular traffic in inclement weather.
3202.12.2.5.2 Canopy width. The width of canopies over public parking or sidewalks shall be limited to the width of the door or opening and a reasonable distance each side thereof. Canopies shall be of approved fire-retardant material, preserving a minimum clearance of 8 inches (203 mm) from the party lines extended. Permit applications for these canopies shall be accompanied by drawings showing the spacing of all posts and method of anchoring. The frames shall be structurally stable and posts shall be so located as not to impede the principal flow of pedestrian traffic. Posts shall be rigidly secured at the base in sockets or by other approved means.
3202.12.2.5.3 Temporary canopies. Permits for sockets in the sidewalk for temporary covered ways across sidewalks or public parking, as provided in Section 105 of DCMR Title 24 (Public Space and Safety), Chapter 1 (Occupations and Use of Public Space) shall be issued upon approval of DDOT. Permits for sockets confer no authority to erect temporary covered ways across sidewalks or any other space used by the public. Where sockets have been regularly installed, the Metropolitan Police Department will thereafter issue temporary permits authorizing the use of the temporary covered way in inclement weather.
3202.12.3 Marquees. Marquees shall conform to the provisions of this section, Section 3106 and other applicable sections of the Construction Codes. Marquees shall meet the width, clearance, and projection requirements of Sections 3202.12.3.1 through 3202.12.3.3.
3202.12.3.1 Width. Projecting marquees supported directly from the building, shall not be permitted to extend laterally on a building more than a sufficient length to cover the entrance and a reasonable distance on each side thereof.
3202.12.3. 2 Clearance. The minimum clearance from the sidewalk or any other space used by the public to the lowest part of any marquee shall be 8 feet (2438 mm).
3202.12.3.3 Projections. Marquee projections shall not exceed 5 feet (1524 mm) into public space unless otherwise approved by the code official.
3202.12.4 Market sheds. A market shed shall be permitted only on a site occupied by a market or produce house, when such site has been specifically designated as a market area.
3202.12.4.1 Design. The design of market sheds shall be approved by the code official, a permit shall be required, and all market sheds shall comply with the following provisions:
1. The shed roof is permitted over public parking and public sidewalk of a building or buildings used for market purposes, extending from the lot line or building restriction line, if one exists, to the curb.
2. The line of supports for the shed roof shall be at the inner edge of the sidewalk, the overhang being supported as a cantilever, unless the location of supports is otherwise approved by DDOT. The shed is permitted to be supported by hanging from the wall of the building when approved by the code official.
3.Gutters shall be provided throughout the length of all shed roofs, with downspouts equivalent to a 2 1/2-inch pipe per 200 square feet of surface drains, the pitch of the roof to be at least 1/2 inch per foot.
4.Shed roofs shall be furnished with electric lights that provide levels of illumination in compliance with Section 1205.3.
5. Shed roofs shall comply with all structural requirements of Chapter 16 and other applicable Sections of the Construction Codes.
3202.12.4.2 Use of space. No public space beneath a shed constructed pursuant to Sections 3202.12.4 shall be used for the display, sale or storage of produce or containers. This restriction shall not apply to the temporary storage of materials incident to loading and unloading.
Exception: An area specifically designated as a market area for the retail or wholesale sale of produce on the premises is permitted to be used for the display, sale or storage of produce or containers.
3202.12.4.3 Special conditions. The foregoing rules shall be observed by the code official as a guide in issuing permits for market sheds except where the conditions are so obviously at variance with these general rules as to require special consideration. Cases requiring special consideration shall be reviewed as modifications pursuant to Section 104.10.
3202.12.5 Loading platforms. The code official is authorized to approve loading platforms projecting more than 5 feet (1524 mm) beyond the lot line or building restriction line, if one exists, in Commercial and Industrial Districts. Canopies over such platforms shall be permitted. Special approval by the code official shall be required for such platforms and canopies.
3202.12.6 Platform scales. Platform scales projecting on public space are permitted in Commercial and Industrial Districts. Plans for such platform scales shall be submitted to and approved by DDOT.
3202.13 Enclosed sidewalk cafés. Enclosed sidewalk cafés including enclosed cafes located wholly or partially beyond the lot line or within a building restriction area, if one exists, shall comply with Sections 3202.13.1 through 3202.13.2 and all other applicable sections of the Construction Codes.
3202.13.1 Permits. Permits for enclosed sidewalk cafés shall be issued by the code official and shall comply with all applicable laws and regulations. Each application shall be accompanied by drawings of the structure, prepared and signed by a structural engineer registered in the District of Columbia. Other enforceable laws and regulations governing sidewalk cafés include: the Enclosed Sidewalk Café Act of 1982, effective September 17, 1982, (D.C. Law 4-148; D.C. Official Code § 10-1102.02 (2012 Repl.)); DCMR Title 24, Chapter 2 (Rental of Public Space) and Chapter 3 (Administrative Procedures for Sidewalk Cafés); Mayor’s Order No. 77-150, dated August 31, 1977; and regulations of the Department of Public Works, 30 DCR 4346, August 26, 1983, now delegated to DDOT.
3202.13.2 Design. Enclosed sidewalk cafés shall comply with Sections 3202.13.2.1 through 3202.13.2.5.
3202.13.2.1 Walls and roofs. Enclosed sidewalk cafés shall have walls and roofs constructed of noncombustible materials.
3202.13.2.2 Flooring. Flooring shall comply with Section 804.
3202.13.2.3 Enclosure materials. Any enclosure materials, and the contents enclosed therein, must be capable of being removed within 24 hours.
3202.13.2.4 Structural requirements. Enclosed sidewalk cafés shall be constructed in accordance with Chapter 16, Chapter 24 and other applicable sections of the Building Code.
3202.13.2.5 Means of egress. When the combined occupant loads of the sidewalk café and the adjacent restaurant exceed 75 persons, two means of egress shall be provided from the sidewalk café, one of which shall open directly to the sidewalk, public alley, or public space abutting the café. The second means of egress is allowed through the abutting restaurant. If two means of egress are required for the adjacent restaurant, two means of egress shall be required for the sidewalk café. If one of the means of egress of the café serves the interior of the restaurant, the width of the respective egress aisle across the café shall meet the requirement for a corridor serving the combined occupant load of the sidewalk café and the restaurant.