5626211 Zoning Commission Notice of Final Rulemaking & Order No. 14-22 (Text & Map Amendment to Create and Implement the Walter Reed (WR) Zone)

ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

NOTICE OF FINAL RULEMAKING

AND

Z.C. ORDER NO. 14-22

Z.C. Case No. 14-22
Office of Planning

(Text and Map Amendment to Create and Implement the Walter Reed (WR) Zone)

July 27, 2015

The Zoning Commission for the District of Columbia (Commission), pursuant to its authority under § 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.)), hereby gives notice of adoption of the following text and map amendments to the Zoning Regulations of the District of Columbia. The amendments create and implement the WR zone. A Notice of Proposed Rulemaking was published in the D.C. Register on June 26, 2015, at 62 DCR 9006. The amendment shall become effective upon the publication of this notice in the D.C. Register.

Description of Amendment

The amendments create and implement the WR zone, which allows mixed-use development on the former Walter Reed site (Site), including development ranging from moderate to high density. The WR zone will have eight (8) subzones and will be mapped on the portion of the Site that is to be transferred to the District of Columbia. The entire Site is located in Northwest, Washington and is bounded by Georgia Avenue on the east, Aspen Street on the south, 16^th Street on the west, Alaska Avenue on the northwest, and Fern Street on the north.

The text amendments include references to existing streets and to proposed streets identified in the Walter Reed Medical Center Small Area Plan (SAP), as approved by the Walter Reed Army Medical Center Small Area Plan Approval Resolution of 2013, effective September 13, 2013, Res 20‑0105 (60 DCR 12813).

Procedures Leading to Adoption of Amendment

On November 21, 2014, the Office of Planning (OP) submitted a memorandum that served as a petition requesting amendments to the Zoning Regulations and Map. (Exhibit [Ex.] 1.) Pursuant to the United States Defense Department’s Base Realignment and Closure process, approximately sixty-six (66) acres of land on the Walter Reed campus will be transferred to the District. As part of this land disposition process, the federal government required the completion of a Base Reuse Plan by the Local Redevelopment Authority, which, in this case, is the District Government acting through the Office of the Deputy Mayor for Planning and Economic Development (DMPED). Concurrently, OP developed the SAP in conjunction with the community to satisfy local requirements for land use planning and zoning implementation. This planning process involved a number of public meetings and workshops to solicit community input regarding the Site’s future use and design. The SAP was approved by the Council of the District of Columbia on April 30, 2013, and it focuses on four main goals: integrating the Site with the community; providing a mix of uses; creating new jobs and revenue for the District; and activating the Site. Along with the petition, OP submitted a draft of the proposed regulations, which included alternative height and story maximums and rear yard setbacks for the WR‑1 zone, shown in bold text below: (Ex. 2.)

Height (max.)

Stories (max.)

Rear Yard Setback (min.)

Lots with any frontage on Fern Street

40 ft.

[alt. 50]

[alt. 4]

None required

[alt. 20 ft.]

Any other lot

45 ft.

[alt. 55]

[alt. 5]

None required

[alt. 20 ft.]

The proposed regulations also included an alternative version of § 3530.3 providing that parallel parking spaces on private streets would count toward the overall parking cap imposed on the WR Zone District.

At a regularly scheduled and properly noticed public meeting on December 8, 2014, the Commission voted to set down the requested amendments as a rulemaking case. A Notice of Public Hearing was published in the D.C. Register on January 2, 2015 at 62 DCR 41.

On February 23, 2015, OP submitted a report providing updates on the proposed amendments following setdown, which included proposing the version of § 3530.3 that would not consider parking on private streets as counting toward the Site’s parking cap. (Ex. 9A, 9B.) OP stated that it was continuing to work with DMPED and the Office of the Attorney General (OAG) to refine the language of the text amendments, as well as making additional substantive changes to the proposed regulations. In response to concerns raised by the Commission regarding the affordable housing requirements for the Site, OP stated that it had requested that DMPED address these concerns and provide additional information regarding the land disposition process and affordable housing commitments made by the selected developer.

On February 24, 2015, the District Department of Transportation (DDOT) submitted a report. (Ex. 10.) DDOT stated that, as part of the SAP process, a transportation analysis had been performed to identify impacts and various possible mitigations focused on transportation demand management. DDOT stated that it understood these mitigations to be required as part of the land disposition agreement with the Site’s developer. DDOT also addressed automobile and bicycle parking and loading issues in its report. DDOT stated no objection to the proposed WR zone, conditioned upon implementation of the mitigations identified in its Comprehensive Transportation Review for the Site and performance monitoring plan.

In response to notice given pursuant to § 13 of the Advisory Neighborhood Commissions Act of 1975, effective March 26, 1976 (D.C. Law 1-21; D.C. Official Code § 1-309.10 (2014 Repl.)), the Commission received written reports from Advisory Neighborhood Commissions (ANC) 4A and 4B.

ANC 4A submitted its report on April 2, 2015. (Ex. 18.) At a meeting on March 3, 2015, ANC 4A voted, with a quorum present, 4‑2‑1 to adopt a resolution generally in support of the proposed amendments, noting specific issues and recommendations. The ANC stated that it opposes any changes made to the zoning plan for the Site without consultation with the affected ANCs and the community, and that the roles of the ANCs and WR Community Advisory Committee should be clearly defined in the WR zoning plan. The ANC also stated that it is strongly opposed to development similar to that at the corner of Military Road and Connecticut Avenue, N.W. ANC 4A stated that it opposes allowing vehicular access at the Site’s future 13^thStreet, preferring that only pedestrian and bicycle access be permitted there and that vehicular access be limited to 12^th Street.[1] ANC 4A stated that it is concerned with rush hour commuter traffic using 12^th and 13^th Streets and that it is willing to have the gate located at 13^th Street and Fern Street reopened as a compromise.

ANC 4A also stated that it was focused on ensuring the compatibility of the proposed zoning with the surrounding neighborhoods. The ANC addressed each of the three main frontages of the Site specifically:

Fern Street. In order to ensure that the Site’s development reflects the heights and view corridors of homes on the existing north side of Fern Street, the ANC recommended that townhome strings be limited to no more than four (4) units long, with minimum side yard requirements, as well as a minimum front yard requirement of twenty feet (20 ft.). Due to the steep decline in elevation from the north to the south in this area of the Site, the ANC supports allowing four (4)-story townhomes with a roof structure and deck, as long as roof heights are compatible with those currently on Fern Street. ANC 4A also recommended that market rate homes on Fern Street be required to have a minimum size of two-thousand square feet (2,000 sq. ft.). The ANC also requested that there be rear yard and setback requirements for the townhomes to facilitate sustainability measures, such as trees and storm water management.

Georgia Avenue. ANC 4A supports the proposed height limitations, setbacks, and designated open areas for this area of the Site. The ANC also stated that it cares deeply about protecting the mature trees along Georgia Avenue and strongly supports the no-build areas shown in OP’s plans for proposed Land Bay F.

Aspen Street. The ANC stated that it is important that the existing homes across from the Site on Aspen Street are not dwarfed or overshadowed by the proposed new building. The ANC stated that it heard significant concerns from residents regarding the corner of 16^th Street and Aspen Street, requesting the following: that proposed development be set back from 16^th Street by at least the same amount as other buildings on adjacent blocks; that there be sufficient open space along Aspen Street so that new development does not tower over the townhomes across the street; that the parcel be treated in deference to its location near Rock Creek Park; and that the permitted height for the development be similar to the scale of existing Building 11 on the site (called Delano Hall). Additionally, the ANC stated that some residents prefer that this area be open space, but that this was not envisioned in the SAP. However, ANC 4A noted that it had requested that OP restrict height and setback for this area, and that OP had reduced the development potential for the WR‑8 zone from that provided in the SAP.

With respect to the “Town Center” proposed for the WR‑2 zone, ANC 4A stated strong support for bringing new retail to this area of the Site, especially an anchor grocery store. The ANC further supports the height and story restrictions for this area. Additionally, as to the affordable housing commitment made by the Site’s developer — four hundred and thirty-two (432) affordable units distributed across varying levels of affordability — the ANC recommended that that commitment be included as a contractual obligation, be spread throughout the Site, and be targeted to seniors, veterans, teachers, firefighters, police officers, and artists.

Lastly, ANC 4A requested that parking be required for every residential unit and that parking spaces on private streets not be counted toward the total number of spaces required at the site. Additionally, ANC 4A recommended that the Site’s developer be required to provide additional services, such as electric car charging stations, parking for car sharing services, and expanded parking capacity for persons with disabilities.

On April 23, 2015, ANC 4B submitted a report on the proposed amendments. (Ex. 29.) At a properly noticed meeting on April 22, 2015, the ANC voted, with a quorum present, 9‑0‑1 to adopt a resolution in support of the proposed amendments. The ANC specifically noted its support for the area restrictions proposed in the regulations, as well as the affordable housing commitment made by the Site’s developer. The ANC also recommended that parking be available for every residential unit and that parking spaces on private streets not be counted toward the total number of required spaces at the Site. Additionally, the ANC stated that the Site’s developer should be required to provide additional transportation services, such as electric car charging stations, parking for car sharing services, and parking capacity for persons with disabilities.[2]

On April 2, 2015, the Commission held a public hearing on the proposed amendments, at which it heard testimony from representatives from the following: OP; DMPED; Hines-Urban Atlantic-Triden, the Master Development team for the Site; ANCs 4A and 4B; several non-profit organizations that are Notice of Interest users of the Site; the Shepherd Park Citizens Association; and several District residents.

On May 4, 2015, OP submitted a supplemental report responding to requests by the Commission for additional information as to various issues. (Ex. 31.) OP reiterated that the proposed amendments were not inconsistent with the SAP approved by the Council, including the detailed Future Land Use Map. OP discussed potential alternatives for rowhouse layouts in the WR‑1 zone, specifically possible rear yard requirements. Additionally, OP stated that, based on Commission feedback, it had revised the proposed text to allow five (5) permanent structures in the WR‑6 zone, the placement and design of which would be governed by the Historic Preservation Review Board (“HPRB”).

In its supplemental report, OP also addressed ANC 4A’s comments and recommendations on the following issues:

Zoning. OP stated that, as with any change to the Zoning Regulations or Map, future amendments to the WR zone would require a full public hearing before the Commission and, thus, ensure consideration of ANC and community input. With respect to the ANC’s opposition to development similar to that at the corner of Military Road and Connecticut Avenue, N.W., OP stated that the referenced development was built in conformance with the R‑5‑D zone. OP stated that, consistent with the SAP, the proposed WR‑2 zone would have permitted similar height and density as the R‑5‑D zone, and such development would be located in the center of the Site and would be separated from existing development by lower scale buildings. With respect to vehicular access on 13^th Street, OP stated that the proposed amendments can neither require nor prohibit the creation of a new 13^th Street; rather, the proposal merely utilizes the street network as shown in the SAP. OP noted that streets are established by the Council, independent of zoning.

SAP Siting and Building Size. With respect to ANC 4A’s request that townhome strings on Fern Street be limited to no more than four (4) units long, OP stated that such a building form would be very unusual for District rowhouse neighborhoods and thus, while not prohibited, such arrangement was also not required by the proposed regulations. As to the ANC’s recommendation of minimum front yard requirements, OP noted that properties on the south side of Fern Street have a fifteen foot (15 ft.) building restriction line. On the issue of the height of new townhomes on Elder Street, OP stated that such heights would not be significantly taller in elevation, if at all, than existing homes due to the change in grade across the street. As to the ANC’s request for minimum square footage requirements for market rate homes on Fern Street, OP stated that zoning in the District does not mandate minimum or maximum sizes for residential units, nor does the SAP.

Affordable Housing. OP stated that the proposed regulations would require distribution of affordable housing throughout the Site, but would not prohibit certain populations, such as seniors and homeless veterans, from being served in specific locations.

Transportation. In response to ANC 4A’s recommendation that a parking space be available for every residential unit, OP stated that parking would be limited to three thousand four hundred (3,400) spaces, in conformance to the SAP and Transportation Impact Study. OP stated that those spaces are not assigned to any particular use but that the Site’s developer would likely dedicate a significant number to residential use. Further, the proposed regulations would not count parking on private streets toward the parking cap as long as those spaces are open to the public and not reserved for a particular use. OP also noted that the proposed regulations do not include the additional services the ANC had requested that the Site’s developer be required to provide. OP stated that car-share spaces would not count toward the overall parking cap and that, based on the ANC’s comment, § 3530.4 had been amended to also exclude spaces dedicated to charging electric vehicles from the Site’s parking cap.

In addition to addressing the issues raised by ANC 4A, OP stated that it recommends maintaining the standard inclusionary zoning language originally proposed and allowing the District’s Land Disposition Agreement (LDA) to govern higher quantities of affordable housing, which would provide flexibility. OP also stated, because of a confidentiality agreement, DMPED indicated that it could not provide the Exclusive Rights Agreement for the record.

On May 11, 2015, the Commission held a properly noticed public meeting on the proposed amendments. At the meeting, OP stated that, as to the issue of rear yard requirements in the WR-1 zone, it recommended that there be no minimum requirement. At the conclusion of the public meeting, the Commission voted to take proposed action on the amendments as advertised, with the revisions indicated in OP’s reports of February 23, 2015 and May 4, 2015, including the alternative height for the WR‑1 zone, as well as OP’s recommendation regarding rear yard setback in the WR‑1 zone. In addition to proposing the text before them, the Commission asked that an alternative affordable housing provision be published reflecting the commitment made by the Site’s developer to set aside four hundred and thirty-two (432) units to be available at specified levels of affordability during the affordability control period.

A Notice of Proposed Rulemaking was published in the D.C. Register on June 26, 2015, at 62 DCR 9006. The affordable housing alternative requested by the Commission appeared as an alternative version of § 3540. That alternative also provided the percentages of the affordable units that will remain affordable after the expiration of the initial control period.

In response to the Notice of Proposed Rulemaking, the Commission received written comments from the Shepherd Park Citizens Association (Ex. 35); the Committee of 100 (Ex. 37); two District residents (Ex. 38); and TPWR, LLC, a joint venture of Hines-Urban Atlantic-Triden, which is the Master Development team for the Site (Ex. 36). Comments from the citizens groups and the two residents generally expressed that the proposed area requirements for the Site allow for too much density and do not reflect the SAP. The comments also requested more specific parking provisions. Additionally, community comments noted that the amendments allow development with a density similar to that permitted in a planned unit development (PUD), but without requiring the developer to provide public benefits in return or receive ANC and community input, as is required for a PUD. Lastly, the comments requested that the regulations include greater requirements for affordable housing.

Comments from the Master Development team stated support for the alternative heights for the WR-1 zone and the more specific alternative for affordable housing requirements under § 3540. The Master Development team also requested that § 3540.8 be modified to require that affordability requirements after the initial control period be imposed on a site-wide basis, rather than imposing those requirements on each multifamily development, building-by-building.

The proposed text was also referred to the National Capital Planning Commission (NCPC) pursuant to § 492 of the District’s Home Rule Act. In a letter dated June 10, 2015, the Executive Director of NCPC informed the Commission that, at its June 4, 2015 meeting, the NCPC found that the proposed text and map amendments are not inconsistent with the Federal Elements of the Comprehensive Plan for the National Capital.

On July 17, 2015, OP submitted a final report that attached the alternative version of § 3540 as published in the Notice of Proposed Rulemaking except for a minor revision to reflect that the initial control period would be established for each building through a separate affordability covenants rather than by the LDA as had been indicated in the notice. (Ex. 34.) In response to the Commission’s request at the May 11, 2015 hearing to address the compatibility of the proposed WR‑8 zone with the surrounding neighborhood, OP stated that the proposed stepback requirement would ensure that development would not unduly impact existing houses.

At its regularly scheduled public meeting on July 27, 2015, the Commission considered taking final action on the proposed regulations. With respect to the height alternatives for the WR-1 zone, the Commission decided to adopt the proposed alternative, except to permit a maximum height of forty-five feet (45 ft.) for lots with frontage on Fern Street, rather than the proposed fifty-feet (50 ft.). The Commission found this height to be more compatible with the existing houses on Fern Street. As to the affordable housing provisions, the Commission decided to adopt the proposed alternative that specifies the number of affordable units to be provided and their varying levels of affordability, rather than making the WR zone subject to the Inclusionary Zoning provisions in Chapter 26 of the Zoning Regulations. The Commission determined that adopting the alternative would more accurately reflect the commitment made by the Site’s developer to provide a greater number of affordable units at deeper levels of affordability.

The Commission is required under § 13(d) of the Advisory Neighborhood Commissions Act of 1975, effective March 26, 1976 (D.C. Law 1-21; D.C. Official Code § 1-309.10(d) (2014 Repl.)) to give great weight to issues and concerns raised in the affected ANC’s written recommendation. Great weight requires acknowledgement of the ANC as the source of the recommendations and explicit reference to each of the ANC’s concerns. The written rationale for the decision must articulate with precision why the ANC does or does not offer persuasive evidence under the circumstances. In doing so, the Commission must articulate specific findings and conclusions with respect to each issue and concern raised by the ANC. (See D.C. Official Code § 1-309.10(d)(3)(A) and (B).)

Here, ANC 4A and 4B indicated general support for the proposed amendments, while also noting specific issues and recommendations. The Commission finds persuasive OP’s report of May 4, 2015, which addressed in detail each of the issues that the ANCs raised. (Ex 31.) The Commission agrees with OP that development in the WR zone that is of the same scale and size as that at the corner of Military Road and Connecticut Avenue, N.W. would, pursuant to the SAP, be limited to the WR‑2 zone and be sufficiently separated from the surrounding neighborhoods by lower-scale buildings. As to vehicular access on 13^th Street, the Commission also agrees that those issues are determined by the Council, not by the Zoning Regulations. The Commission further finds that, with respect to ANC 4A’s recommendations regarding the size and setback of buildings, the proposed regulations properly implement the SAP and ensure that future development will be consistent with the scale of the surrounding neighborhoods and will provide appropriate view corridors, as well as space for trees and storm water management. The Commission also finds that the proposed regulations will ensure distribution of affordable housing throughout the Site and, as described in more detail by OP, will provide ample parking for future development, including residential development. The Commission declines to require the Site’s developer to provide the additional transportation-related services the ANCs requested, which would be unusual in a rulemaking case establishing a new zone, as opposed to a PUD development in which the developer is required to proffer substantial public benefits in exchange for greater development flexibility.

As to the comments submitted in response to the Notice of Proposed Rulemaking, the Commission finds, for the same reasons just stated, that the WR regulations will be compatible with the surrounding neighborhoods, will implement the SAP, will provide sufficient parking for the site, and will result in the development of a significant number of affordable housing units. The Commission also reiterates that this is not a PUD application requiring a proffer of community benefits and that the community has had significant input in the Site’s planning throughout the process of developing the SAP, as well as in the proceedings leading to the adoption of these regulations. With respect to the Master Development team’s recommendation that § 3540.8 be modified, the Commission finds this recommendation unpersuasive and chooses to retain the building-by-building requirement proposed by OP.

For the reasons stated above, the Commission concludes that the adoption of the following text amendments is consistent with the best interests of the public and not inconsistent with the Comprehensive Plan for the National Capital.

Title 11 of the District of Columbia Municipal Regulations, ZONING, is amended as follows:

The Zoning Map is proposed to be amended as follows:

Rezone from R‑1‑B to WR‑1 the area described in the metes and bounds descriptions at Exhibit 30 in the record of Z.C. Case No. 14‑22 entitled “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT A.1,” “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT B,” and “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT C,” as well as the area of adjacent, actual, or proposed streets as depicted on those descriptions.

Rezone from R‑1‑B to WR‑2 the area described in the metes and bounds descriptions at Exhibit 30 in the record of Z.C. Case No. 14‑22 entitled “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT D” and “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT E,” as well as the area of adjacent, actual, or proposed streets as depicted on those descriptions.

Rezone from R‑1‑B to WR‑3 the area described in the metes and bounds descriptions at Exhibit 30 in the record of Z.C. Case No. 14‑22 entitled “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT A.2,” “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT F,” “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT G.4,” and “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT K.1,” as well as the area of adjacent, actual, or proposed streets as depicted on those descriptions.

Rezone from R‑1‑B to WR‑4 the area described in the metes and bounds descriptions at Exhibit 30 in the record of Z.C. Case No. 14‑22 entitled “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT G.1,” “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT G.3,” “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT G.5,” “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT H.1,” “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT H.2,” “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT H.3,” and “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT J.6,” as well as the area of adjacent, actual, or proposed streets as depicted on those descriptions.

Rezone from R‑1‑B to WR‑5 the area described in the metes and bounds descriptions at Exhibit 30 in the record of Z.C. Case No. 14‑22 entitled “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT J.8,” “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT J.9,” “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT K.2,” and “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT K.3,” as well as the area of adjacent, actual, or proposed streets as depicted on those descriptions.

Rezone from R‑1‑B to WR‑6 the area described in the metes and bounds descriptions at Exhibit 30 in the record of Z.C. Case No. 14‑22 entitled “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT G.2,” “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT G.6,” “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT J.1,” “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT J.7,” and “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT K.4.”

Rezone from R‑1‑B to WR‑7 the area described in the metes and bounds descriptions at Exhibit 30 in the record of Z.C. Case No. 14‑22 entitled “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT J.3,” “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT J.4,” and “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT J.5,” as well as the area of adjacent, actual, or proposed streets as depicted on those descriptions.

Rezone from R‑1‑B to WR‑8 the area described in the metes and bounds descriptions at Exhibit 30 in the record of Z.C. Case No. 14‑22 entitled “DESCRIPTION ASSESSMENT AND TAXATION OF PROPOSED LOT J.2,” as well as the area of adjacent, actual, or proposed streets as depicted on those descriptions.

Title 11 of the District of Columbia Municipal Regulations, ZONING, is amended as follows:

Chapter 21, OFF-STREET PARKING REQUIREMENTS, § 2101, SCHEDULE OF REQUIREMENTS FOR PARKING SPACES, § 2101.1 is amended to exempt the WR zone from the parking requirements of that chapter, so that the portion of the subsection prior to the appended table reads as follows:

2101.1 On and after May 12, 1958, all buildings or structures shall be provided with parking spaces as specified in the following table, except for buildings and structures located in the StE or the WR zones:

A new Chapter 35, WALTER REED ZONE, is added to read as follows:

CHAPTER 35 – WALTER REED ZONE

TABLE OF CONTENTS

Section

3500 GENERAL PROVISIONS AND PURPOSE AND INTENT

3501 WR-1 ZONE

3502 WR-2 ZONE

3503 WR-3 ZONE

3504 WR-4 ZONE

3505 WR-5 ZONE

3506 WR-6 ZONE

3507 WR-7 ZONE

3508 WR-8 ZONE

3509 [RESERVED]

3510 HEIGHT AND ROOFTOP STRUCTURES

3511 STREETSCAPE STANDARDS

3512 USE PERMISSIONS

3513 CONDITIONAL USES

3514 SPECIAL EXCEPTION USES

3515 PROHIBITED USES

3516-3529 [RESERVED]

3530 AUTOMOBILE PARKING

3531 BICYCLE PARKING

3532 LOADING

3533-3539 [RESERVED]

3540 INCLUSIONARY ZONING

3541 GREEN AREA RATIO

3542 PLANNED UNIT DEVELOPMENTS

3543 SPECIAL EXCEPTION RELIEF

3544-3589 [RESERVED]

3590 USE GROUPS

3591 USES – RULE FOR INTERPRETATION

3500 GENERAL PROVISIONS AND PURPOSE AND INTENT (WR)

3500.1 The purposes of the Walter Reed (WR) zones are to:

(a) Provide for the growth of the former Walter Reed Army Medical Center campus with a broad mix of uses, achieved through the adaptive reuse of existing buildings as well as new construction, as generally indicated in the Comprehensive Plan and as recommended by the planning studies of the area;

(b) Preserve the unique historic architectural and landscape character of the Walter Reed campus as a resource for the adjacent neighborhoods and the District as a whole;

(c) Reweave the Walter Reed campus into the physical and social fabric of the adjacent neighborhoods by extending the existing street grid into the WR zone;

(d) Create a vibrant town center that will provide economic development, employment, and retail opportunities for the District and adjacent neighborhoods;

(e) Advance sustainability performance with green building techniques and promote innovative energy uses and stormwater management; and

(f) Accommodate selected uses pursuant to a Base Realignment and Closure Act Notice of Interest process.

3500.2 This chapter shall constitute the Zoning Regulations for the geographic area described by the plat attached to Z.C. Order No. 14-22. Where there are conflicts between this chapter and other chapters or subtitles of this title, the provisions of this chapter shall govern.

3500.3 The WR zone is divided into the WR-1 through the WR-8 zones. Each zone may have one (1) or more sub-areas, as identified in the Development Standards table for each zone. Each sub-area may be comprised of one (1) or more Land Bays.

3500.4 Land Bays are defined on the plat attached to Z.C. Order No. 14‑22.

3500.5 Any reference to a street refers to either existing or proposed streets as depicted on the plat attached to Z.C. Order No. 14-22.

3500.6 Any reference to a building number refers to the buildings as identified in the Walter Reed Army Medical Center Small Area Plan, adopted by the Council of the District of Columbia, April 30, 2013.

3500.7 The area of private rights-of-way shall not be included in the area of any land bay, nor included in the calculation of floor area ratio (FAR).

3500.8 In the WR zone, square footage allocated for streetcar related facilities or for the production of energy, such as co- or tri-generation facilities, does not count against FAR maximums.

3500.9 In the WR zone, floor area allocated to a covered loading area, whose perimeter is at least seventy-five percent (75%) lined with other uses, does not count against FAR maximums.

3501 WR-1 ZONE

3501.1 The WR-1 zone is intended to:

(a) Provide for residential development that complements the character of nearby established residential neighborhoods;

(b) Transition from the low- to moderate-scale residential uses north of Fern Street to the medium-density commercial and residential uses proposed for south of Elder Street; and

3501.2 The development standards for the WR-1 zone are set forth in the following table:

WR-1
Sub-Area (Land Bays A.1, B and C)	Lot Width (min.)	Height (max.)	Stories (max.)	Lot Occupancy (max.)	Pervious Surface (min.)	Side Yard Setback (min.)	Rear Yard Setback (min.)
Lots with any frontage on Fern Street	18 ft.	45 ft.	4	70%	10%	None required; 4 ft. if provided	None required
Any other lot	18 ft.	55 ft.	5	70%	10%	None required; 4 ft. if provided	None required

3501.3 The maximum number of permitted dwelling units on any lot shall be two (2), which includes both principal and accessory units.

3501.4 For any Inclusionary or affordable residential unit that is administered through the Department of Housing and Community Development, the minimum lot width shall be sixteen feet (16 ft.).

3501.5 Height shall be measured in accordance with §§ 400.16 through 400.21, except that for any building fronting on Elder Street, the building height measuring point may be established at the finished grade at the middle of the front of the building.

3501.6 No building shall be located between Fern and Elder Streets within fifty feet (50 ft.) of the western boundary of the WR zone.

3501.7 In the WR-1 zone, no driveway or garage entrance providing access to parking or loading areas shall be permitted from a public or private street.

3501.8 In the WR-1 zone, any private driveway shall be constructed of pervious materials. This does not apply to a private alley.

3501.9 An addition to a one (1)-family dwelling or flat, or a new or enlarged accessory structure on the same lot as a one (1)-family dwelling or flat, shall be permitted, even though the addition or accessory structure does not comply with all of the requirements of § 3501.2, as a special exception if approved by the Board of Zoning Adjustment under § 3104, subject to the provisions of this subsection:

(a) The addition or accessory structure shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, in particular:

(1) The light and air available to neighboring properties shall not be unduly affected;

(2) The privacy of use and enjoyment of neighboring properties shall not be unduly compromised;

(3) The addition or accessory structure, together with the original building, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale, and pattern of houses along the subject street frontage; and

(4) In demonstrating compliance with paragraphs (a), (b), and (c) of this subsection, the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the proposed addition or accessory structure to adjacent buildings and views from public ways;

(b) The lot occupancy of all new and existing structures on the lot shall not exceed eighty percent (80%); and

(c) The Board of Zoning Adjustment may require special treatment in the way of design, screening, exterior or interior lighting, building materials, or other features for the protection of adjacent or nearby properties.

3502 WR-2 ZONE

3502.1 The WR-2 zone is intended to:

(a) Create a vibrant and pedestrian-oriented commercial and residential center to serve as a housing, commercial, and retail anchor for the Walter Reed campus, adjacent neighborhoods, and the District.

(b) Promote an engaging streetscape to activate adjacent uses and users;

(d) Create new passive and active open space amenities to accommodate residential and retail uses.

3502.2 The development standards for the WR-2 zone are set forth in the following table:

WR-2
Sub-Area	Height (max.)	Stories (max.)	Floor Area Ratio (max.)		Residential Lot Occupancy Above the First Two Stories (max.)
Sub-Area	Height (max.)	Stories (max.)	Total	Non-Residential Use
Land Bay D	85 ft.	7	2.5	1.0	80%
Land Bay E	85 ft.	7	3.75	1.0	80%

3502.3 The non-residential maximum FAR requirement shall be measured per sub-area, as opposed to per building.

3502.4 Lot occupancy on the first two (2) stories is permitted up to one hundred percent (100%), regardless of use.

3502.5 If less than 3.75 FAR is developed in Land Bay E, excess floor area can be transferred to Land Bay K.1 in the WR-3 zone, or Land Bay F in the WR-3 zone, or Land Bay D in the WR-2 zone, or a combination of those land bays, subject to the requirements of this subsection:

(a) No more than one hundred fifty thousand square feet (150,000 sq. ft.) of floor area may be transferred in total, of which no more than fifty thousand square feet (50,000 sq. ft.) may be non-residential floor area;

(b) The maximum total FAR and the maximum non-residential FAR on Land Bay E shall be reduced by the total amount of floor area transferred and the amount of non-residential floor area transferred, respectively;

(c) The maximum total FAR and the maximum non-residential FAR on the receiving land bays shall be increased by the total amount of floor area transferred and the amount of non-residential floor area transferred, respectively;

(d) The allowable building height and lot occupancy on the receiving parcels shall not be increased, but the total FAR and the non-residential FAR of the receiving land bays may be increased to the amounts listed in the following table:

Land Bay	Maximum FAR (Total)	Maximum FAR (Non-residential uses)
K.1	3.5	1.25
F	2.5	1.25
D	3.5	1.25

(e) Before the transfer may occur, the applicant shall record in the Land Records of the District of Columbia a covenant for each property, in a form acceptable to the District, that states the size, in square feet, of Land Bays E, K.1, F, and D, the maximum FAR and non-residential FAR permitted as a matter-of-right for Land Bays E, K.1, F, and D, the total amount of floor area being transferred, the amount of non-residential floor area being transferred, and the resulting maximum FAR and non-residential FAR for both Land Bays E, K.1, F, and D; and

(f) The applicant for any building permit for Land Bays E, K.1, F, or D shall submit with the permit application the covenant required by sub-paragraph (e) as well as any and all calculations used to derive the matter-of-right and resulting FARs for the land bays.

3502.6 In the WR-2 zone, no less than one hundred percent (100%) of the façade of buildings located along Elder Street, Dahlia Street, 12^th Street, and 13^th Street shall be built to within ten feet (10 ft.) of the property lines abutting the subject street to a height of not less than twenty-five feet (25 ft.), except that:

(a) The requirements of this subsection shall not apply to the portions of building façades that front on a plaza located along 12^th Street;

(b) The height requirement of this subsection may be reduced to eighteen feet (18 ft.) if the roof immediately above the eighteen (18)-foot façade is occupied by a public or private outdoor terrace; and

(c) Relief from the build-to requirements of this subsection may be granted by the Board of Zoning Adjustment as a special exception subject to the requirements of § 3104, provided that the applicant adequately demonstrates that:

(1) The proposed design meets the intent of creating a streetwall along the street in question; and

(2) The area set back from the property line does not unduly restrict access by the public by a gate, fence, wall, or other barrier.

3502.7 In the WR-2 zone, all portions of the ground floor devoted to non-residential uses shall be subject to the following requirements:

(a) The minimum floor-to-ceiling clear height shall be fourteen feet (14 ft.), except for those spaces within the ground floor of any building devoted to the following uses: mechanical, electrical, and plumbing; storage; fire control; loading; parking; and retail corridors and service corridors;

(b) The surface of any streetwall or wall fronting on a plaza shall devote at least fifty percent (50%) of the surface area at the ground floor to display windows with clear glass or pedestrian entrances;

(c) Each non-residential use with frontage on a public street or plaza shall have an individual public pedestrian entrance directly accessible from a sidewalk or plaza upon which the use has frontage;

(d) Pedestrian entrances or areas where future entrances to non-residential uses could be installed without structural changes shall be located no more than an average distance of forty feet (40 ft.) apart on all façades fronting a public street or plaza;

(e) On 12^th Street, no single non-residential occupancy shall occupy more than one hundred (100) consecutive linear feet of ground-floor building frontage. On other streets, no single non-residential occupancy shall occupy more than fifty (50) consecutive linear feet of ground-floor building frontage; and

(f) One (1) or more building frontages of a grocery store may be exempt from the requirements of paragraph (e) provided that:

(1) The grocery store contains as an ancillary use a café, restaurant or similar use, or a seating area within the grocery store where food and beverages purchased on-site may be consumed;

(2) The use described in sub-paragraph (1) is located directly against the subject building frontage;

(3) Clear glass allows the plain view of the use from the exterior of the building;

(4) The use is open to the public at least during normal grocery store hours; and

(5) In no case shall a single non-residential occupancy occupy more than two hundred (200) consecutive linear feet of ground-floor building frontage on 12^th Street or one hundred feet (100 ft.) on any other street.

3503 WR-3 ZONE

3503.1 The WR-3 zone is intended to:

(a) Provide for moderate- to medium-density commercial and residential development that activates Georgia Avenue frontage through enhanced ground-floor retail opportunities, a more uniform street wall, and publicly accessible plazas;

(b) Maintain a sensitive scale of development in relation to properties on the east side of Georgia Avenue as appropriate; and

(c) Preserve existing and encourage new green and open space to activate the site, and to allow for recreation opportunities as appropriate.

3503.2 The development standards for the WR-3 zone are set forth in the following table:

WR-3
Sub-Area	Height (max.)	Stories (max.)	Floor Area Ratio (max.)		Residential Lot Occupancy Above the First Two Stories (max.)	Setbacks
Sub-Area	Height (max.)	Stories (max.)	Total	Non-Residential Use		Setbacks
Land Bay A.2	70 ft.	5	3.5	1.0	80%	n/a
Land Bay F	See § 3503.3	6	1.75	1.0	80%	n/a
Land Bay G.4	75 ft.	6	3.0	1.0	80%	n/a
Land Bay K.1	70 ft.	5	2.75	1.0	80%	See § 3503.7

3503.3 For Land Bay F, the maximum height of buildings or structures shall be sixty (60) feet within one hundred feet (100 ft.) of Georgia Avenue, and seventy-five feet (75 ft.) elsewhere.

3503.4 For Land Bays F, G.4, and K.1, the non-residential maximum FAR requirement shall be measured by sub-area, as opposed to per building.

3503.5 Lot occupancy on the first two (2) stories is permitted up to one hundred percent (100%), regardless of use, and except as limited by § 3503.10.

3503.6 Non-residential uses or building entrances to any use shall occupy one hundred percent (100%) of the ground-floor building façades facing the plaza constructed pursuant to § 3503.10.

3503.7 In Land Bay K.1, any new construction shall be set back no less than twenty feet (20 ft.) from the Aspen Street property line as it exists as of January 1, 2015.

3503.8 In the WR-3 zone, no less than seventy percent (70%) of the façade of buildings located along Fern Street, Elder Street, Dahlia Street, Aspen Street, and Georgia Avenue shall be built to the property lines abutting the subject street right-of-way to a height of not less than twenty-five feet (25 ft.), except that:

(a) The requirements of this subsection shall not apply to the portions of building façades that front on a plaza established pursuant to § 3503.10;

(b) The requirements of this subsection shall not apply to portions of building façades that are set back from the right-of-way for the purpose of preserving existing mature trees and for which trees the applicant for a building permit shall provide a permanent plan, approved by the Urban Forestry Administration, for tree maintenance and replacement;

(c) The height requirement of this subsection may be reduced to eighteen feet (18 ft.) if the roof immediately above the eighteen (18)-foot façade is occupied by a public or private outdoor terrace; and

(d) Relief from the build-to requirements of this subsection may be granted by the Board of Zoning Adjustment as a special exception subject to the requirements of § 3104, provided that the applicant adequately demonstrates that:

(1) The proposed design meets the intent of creating a streetwall along the street in question; and

(2) The area set back from the property line does not unduly restrict access by the public by a gate, fence, wall, or other barrier.

3503.9 In the WR-3 zone, all portions of the ground floor devoted to non-residential uses shall be subject to the following requirements:

3503.10 In Land Bay F, a plaza shall be provided which meets the criteria of this subsection:

(a) No part of a building above grade shall cover the areas described below, as illustrated in the diagram below. The resulting plaza is the minimum open space, and building façades need not front immediately upon or follow the boundaries of the prescribed open space:

(1) The central two hundred feet (200 ft.) of the frontage on Georgia Avenue between Dahlia and Elder Streets to a depth of one hundred fifty feet (150 ft.) west of Georgia Avenue, with the depth measured at the midpoint between Dahlia and Elder Streets and drawn parallel to Dahlia and Elder Streets; and

(2) The central one hundred feet (100 ft.) of frontage on 12^th Street between Dahlia and Elder Streets and extending east to connect to the open space described in § 3503.10(a)(1); and

(b) The open space described in § 3503.10(a) shall constitute a plaza that must:

(1) Be open to the sky;

(2) Be open and available to the general public on a continuous basis;

(3) Be lighted and landscaped;

(4) Preserve at least ninety percent (90%) of the existing mature, healthy trees; and

(5) Provide at least fifty percent (50%) pervious surface, including any water feature.

3504 WR-4 ZONE

3504.1 The WR-4 zone is intended to:

(a) Provide for moderate-density commercial and residential development that adaptively reuses and sensitively develops proximate to historic resources; and

(b) Maintain the campus-like setting of Building 1 and other buildings through preservation of certain nearby open spaces.

3504.2 The development standards for the WR-4 zone are set forth in the following table:

WR-4
Sub-Area	Height (max.)	Stories (max.)	Floor Area Ratio (max.)	Lot Occupancy (max.)	Setbacks
Land Bay H.1	40 ft.	3	1.0	60%	See § 3504.3
Land Bays H.2 and H.3	40 ft.	3	2.0	100%	See § 3504.3
Land Bays G.1 and G.5	50 ft.	4	1.75	75%	n/a
Land Bay G.3	40 ft.	4	0.9	60%	See § 3504.4
Land Bay J.6	55 ft.	4	1.15	50%	n/a

3504.3 In Land Bays H.1, H.2, and H.3, no building or portion of a building shall be constructed east of the easternmost point of existing Building 1.

3504.4 In Land Bay G.3, no building or portion of a building shall be constructed south of the southernmost point of existing Building 12.

3504.5 In Land Bay H.3, no surface parking lot is permitted east of the easternmost point of existing Building 1.

3505 WR-5 ZONE

3505.1 The WR-5 zone is intended to:

(a) Provide moderate-density residential and commercial development that also supports arts and cultural uses; and

(b) Encourage continuous east/west green connections and passive and active recreation opportunities.

3505.2 The development standards for the WR-5 zone are set forth in the following table:

WR-5
Sub-Area	Height (max.)	Stories (max.)	FAR (max.)	Lot Occupancy (max.)	Setbacks
Land Bay K.3	50 ft.	3	1.0	35%	See § 3505.3
Land Bays J.9 and K.2	35 ft.	2	0.75	75%	n/a
Land Bay J.8	35 ft.	2	0.4	40%	See § 3505.4

3505.3 In Land Bay K.3, no building or portion of a building shall be constructed north of the northernmost point of existing Buildings 8 or 9, or east of the easternmost portion of Building 8.

3505.4 In Land Bay J.8, any new construction shall be set back no less than twenty feet (20 ft.) from the Aspen Street property line as it exists on January 1, 2015. Existing buildings may be renovated and adaptively reused, even if within the setback area.

3505.5 For new construction in Land Bay J.8, all portions of the ground floor devoted to non-residential uses shall have a minimum floor-to-ceiling height of fourteen feet (14 ft.), except for those spaces within the ground floor of any building devoted to the following uses: mechanical, electrical, and plumbing; storage; fire control; loading; parking; and retail and service corridors.

3506 WR-6 ZONE

3506.1 The WR-6 zone is intended to:

(a) Preserve the unique character of the Great Lawn and maintain the campus atmosphere at the heart of the historic Walter Reed campus, including the landscaped entrances to the WR zone around Main Drive and East and West Cameron Drives;

(b) Assure that the Great Lawn’s permanent use is for its primary natural function as well as for enjoyment by the general public; and

3506.2 The development standards for the WR-6 zone are set forth in the following table:

WR-6
Sub-Area	FAR (max.)
Land Bays J.1, J.7, G.2, G.6, and K.4	0

3506.3 In the WR-6 zone, no new surface parking lots are permitted.

3506.4 Notwithstanding the restriction of § 3506.2, temporary structures may be erected to house any temporary use, subject to the temporary use provisions of § 3591.6.

3506.5 Notwithstanding the restriction of § 3506.2, up to five (5) permanent structures, of no more than four hundred square feet (400 sq. ft.) each, may be constructed for the general purpose of food and beverage sales, or other retail or service use ancillary to the role of the WR-6 as an open space zone. This section shall not imply approval by the Historic Preservation Review Board or any other permitting authority.

3506.6 In Land Bay J.7, a density of 0.5 FAR is permitted for a Parks and Recreation use, or a similar use operated by a non-governmental entity.

3506.7 In Land Bay J.7, any new construction built pursuant to § 3506.5 shall be set back no less than twenty feet (20 ft.) from the Aspen Street property line as it exists on January 1, 2015.

3507 WR-7 ZONE

3507.1 The WR-7 zone is intended to:

(a) Provide medium-density residential development that is sensitive to existing development on the south side of Aspen Street;

(b) Encourage adaptive reuse of existing buildings to accommodate, among other uses, institutions; and

3507.2 The development standards for the WR-7 zone are set forth in the following table:

WR-7
Sub-Area	Height (max.)	Stories (max.)	FAR (max.)	Lot Occupancy (max.)	Setbacks
Land Bay J.5	55 ft.	5	1.25	50%	See § 3507.3
Land Bay J.4	25 ft.	2	1.0	50%	See § 3507.3
Land Bay J.3	45 ft.	4	0.75	40%	See § 3507.3 See § 3507.4

3507.3 In the WR-7 zone, any new construction shall be set back no less than twenty feet (20 ft.) from the Aspen Street property line as it exists on January 1, 2015.

3507.4 In Land Bay J.3, no building or portion of a building shall be constructed north of the northernmost point of existing Building 11.

3508 WR-8 ZONE

3508.1 The WR-8 zone is intended to:

(a) Provide medium-density residential development that is sensitive to existing development on the south side of Aspen Street; and

(b) Encourage open and green space suitable for sustainable infrastructure and amenities as appropriate.

3508.2 The development standards for the WR-8 zone are set forth in the following table:

WR-8
Sub-Area	Height (max.)	Stories (max.)	FAR (max.)	Lot Occupancy (max.)	Setbacks
Land Bay J.2	See § 3508.3	5	3.25	80%	See § 3508.4

3508.3 In the WR-8 zone, the maximum height of buildings or structures shall be as follows:

(a) Within twenty-five feet (25 ft.) of the setback specified in § 3508.4, fifty feet (50 ft.) above the finished grade at the middle of the Aspen Street building façade; and

(b) Elsewhere, sixty-five feet (65 ft.) as measured from whichever measuring point is chosen for the building for the purpose of measuring height.

3508.4 In the WR-8 zone, any new construction shall be set back no less than twenty feet (20 ft.) from the Aspen Street property line, as it exists on January 1, 2015.

3509 [RESERVED]

3510 HEIGHT AND ROOFTOP STRUCTURES (WR)

3510.1 For the purposes of applying general zoning requirements of this title:

(a) The WR-1, WR-7, and WR-8 zones shall be considered Residence zones and shall be subject to § 411; and

(b) The WR-2, WR-3, WR-4, WR-5, and WR-6 zones shall be considered Mixed Use or Commercial Zones and shall be subject to §§ 770.6-770.9 and 777.

3510.2 In the WR zone, the point chosen for measurement of height shall conform to the other provisions of this title, except that the point may be on either a public or private street.

3511 STREETSCAPE STANDARDS (WR)

3511.1 In all WR zones, all buildings are subject to the following design requirements:

(a) Façades that front on public or private streets or plazas shall not have blank walls uninterrupted for more than ten feet (10 ft.) by doors, windows, or architectural features that modulate and articulate the building wall planes. Projections permitted into the public right-of-way by other regulations shall satisfy this requirement; and

(b) Security grilles shall have no less than seventy percent (70%) transparency.

3512 USE PERMISSIONS (WR)

3512.1 This table specifies which use groups, defined in § 3590, are permitted by right (P), by right with conditions (C), as a special exception (S), or not permitted (N) within the WR zones as either a principal or accessory use:

	ZONE
Use Category	WR-1	WR-2	WR-3	WR-4	WR-5	WR-6	WR-7	WR-8
Agriculture, large	P	P	P	P	P	P	P	P
Agriculture, residential	P	P	P	P	P	P	P	P
Animal Sales, Care and Boarding	N	S § 3514.3	S § 3514.3	S § 3514.3	S § 3514.3	N	N	N
Antennas	C § 3513.2	C § 3513.2	C § 3513.2	C § 3513.2	C § 3513.2	N	C § 3513.2	C § 3513.2
Arts Design and Creation	C § 3513.3	P	P	P	P	P	P	C § 3513.3
Basic Utilities	P	P	P	P	P	P	P	P
Chancery	P	P	P	P	P	N	P	P
Community-based Institutional Facility	S § 3514.7	S § 3514.7	S § 3514.7	S § 3514.7	S § 3514.7	N	S § 3514.7	S § 3514.7
Daytime Care	C § 3513.5	C § 3513.6 S § 3514.4	C § 3513.6 S § 3514.4	C § 3513.6 S § 3514.4	C § 3513.6 S § 3514.4	N	C § 3513.6 S § 3514.4	C § 3513.6 S § 3514.4
Eating and Drinking Establishments	N	C § 3513.7 S § 3514.5	C § 3513.7 S § 3514.5	C § 3513.7 S § 3514.5	C § 3513.7 S § 3514.5	P	N	N
Education, College/University	N	P	P	P	P	N	C § 3513.8	N
Education, Private	N	P	P	P	P	N	C § 3513.8	N
Education, Public	N	P	P	P	P	N	C § 3513.8	N
Emergency Shelter	C § 3513.4 S § 3514.6	C § 3513.4 S § 3514.6	C § 3513.4 S § 3514.6	C § 3513.4 S § 3514.6	C § 3513.4 S § 3514.6	N	C § 3513.4 S § 3514.6	C § 3513.4 S § 3514.6
Entertainment, Assembly and Performing Arts	N	P	P	P	P	P	N	N
Firearm Sales	N	N	N	N	N	N	N	N
Government, Large	N	N	N	N	N	N	N	N
Government, Local	N	P	P	P	P	N	N	N
Institutional, General	N	P	P	P	P	N	P	P
Institutional, Religious-Based	P	P	P	P	P	P	P	P
Lodging	N	P	P	P	P	N	N	N
Marine	N	N	N	N	N	N	N	N
Medical Care	N	P	P	P	P	N	P	P
Motor Vehicle-related	N	S § 3514.8	S § 3514.8	S § 3514.8	S § 3514.8	N	N	N
Office	N	P	P	P	P	N	P	N
Parking	C § 3513.9	C § 3513.9	C § 3513.9	C § 3513.9	C § 3513.9	N	C § 3513.9	C § 3513.9
Parks and Recreation	P	P	P	P	P	P	P	P
Production, Distribution and Repair	N	N	N	N	N	N	N	N
Residential	P	P	P	P	P	N	P	P
Retail	C § 3513. 10	P	P	P	P	P	C § 3513.10	C § 3513.10
Service, Financial	N	P	P	P	P	N	N	N
Service, General	N	C § 3513.11	C § 3513. 11	C § 3513.11	C § 3513.11	N	N	N
Sexually-based Business Establishment	N	N	N	N	N	N	N	N
Transportation Infrastructure	P	P	P	P	P	P	P	P
Waste-related Services	N	N	N	N	N	N	N	N

3512.2 For the purposes of the WR zone, a community garden or playground managed by a non-profit organization or homeowners’ association shall be considered a use in the Parks and Recreation use group provided the community garden or playground is open to the public.

3512.3 A Home Occupation use, including a business, profession, or other economic activity, which is conducted full-time or part-time in a dwelling unit that serves as the principal residence of the practitioner, shall be permitted subject to the following conditions:

(a) The home occupation use shall comply with the requirements of § 203 of this title; and

(b) The home occupation use is not within a dwelling unit in an accessory building.

A home occupation use not meeting all of the above conditions may be permitted as a special exception by the Board of Zoning Adjustment under § 3104 of this title.

3513 CONDITIONAL USES (WR)

3513.1 The following conditions shall apply to the By Right with Conditions (C) uses in § 3512.

3513.2 Antennas shall be permitted subject to the standards and procedures that apply to the particular class of antenna in Chapter 27 of this title, which shall be applied to the WR zone as follows:

(a) The WR-1, WR-7, and WR-8 zones shall be considered Residential/R zones; and

(b) The WR-2, WR-3, WR-4, WR-5, and WR-6 zones shall be considered as C-2-A zones.

3513.3 An Arts Design and Creation use shall be permitted if it is clearly incidental to and accessory to the primary residential use, and subject to the following:

(a) The practitioner of the Arts Design and Creation use must reside on the premises;

(b) All operations and storage of materials shall occur inside the building;

(d) The practitioner may teach the art to one (1) or more apprentices.

3513.4 An Emergency Shelter for one (1) to four (4) persons shall be a matter-of-right use. An Emergency Shelter for more than four (4) persons may be permitted as a Special Exception pursuant to § 3514.6.

3513.5 In the WR-1 zone, Daytime Care uses shall be permitted by right subject to the following conditions:

(a) The dwelling unit in which the use is located shall be the principal residence of the caregiver; and

(b) The use otherwise shall meet the definition of a home occupation.

3513.6 Daytime Care uses shall be permitted by right subject to the following conditions in the WR-2, WR-3, WR-4, WR-5, WR-7, and WR-8 zones:

(a) A Daytime Care use is permitted by right for no more than twenty-five (25) persons not including resident supervisors or staff and their families;

(b) Any outdoor play area shall be located on the same lot as the Daytime Care use; and

(c) Daytime Care uses not meeting the above conditions may be permitted by special exception subject to § 3514.4 and the special exception criteria of § 3104.

3513.7 All Eating and Drinking Establishment uses shall be permitted by right except that:

(a) A drive-through shall not be permitted; and

(b) Fast Food Establishments and a Fast Food Establishment that meets the definition of a Food Delivery Services may be permitted by special exception pursuant to § 3514.5 and if approved by the Board of Zoning Adjustment as a special exception under § 3104.

3513.8 Education (Public, Private, College/University) uses shall be permitted in the WR-7 zone only on Land Bay J.3.

3513.9 Parking shall be permitted by right provided that all off-street parking is provided in compliance with the provisions of § 3530;

3513.10 A sale in the nature of a yard sale, garage sale, or home sales party may be held at a dwelling unit at most four (4) times during a twelve (12) month period.

3513.11 Service, General uses shall be permitted by right provided that a laundry or dry cleaning facility shall not exceed two thousand fine hundred square feet (2,500 sq. ft.) of gross floor area.

3514 SPECIAL EXCEPTION USES (WR)

3514.1 The uses listed as requiring special exception approval (S) in § 3512 shall be permitted in a WR zone if approved by the Board of Zoning Adjustment pursuant to § 3104 and subject to the provisions of this section.

3514.2 The Board of Zoning Adjustment may impose additional requirements pertaining to design, appearance, screening, lighting, location of buildings, soundproofing, hours of operation or other aspects of the proposed use that the Board of Zoning Adjustment deems necessary to protect adjacent or nearby property.

3514.3 Animal Sales, Care, and Boarding shall be subject to the following conditions:

(a) The use shall produce no noise or odor objectionable to nearby properties, including residential units located in the same building as the use, and shall utilize industry standard sound-absorbing materials, such as acoustical floor and ceiling panels, acoustical concrete and masonry, and acoustical landscaping;

(b) The applicant shall demonstrate that the use will comply with the following conditions, and any Board of Zoning Adjustment approval shall be subject to the use’s continued compliance with these standards:

(1) The use shall take place entirely within an enclosed building;

(2) The windows and doors of the space devoted to the animal boarding use shall be kept closed;

(3) No animals shall be permitted in an external yard on the premises;

(4) Animal waste shall be placed in closed waste-disposal containers and shall utilize a qualified waste disposal company to collect and dispose of all animal waste at least weekly; and

(5) Odors shall be controlled by means of an air filtration system (for example, High Efficiency Particulate Air "HEPA" filtration) or an equivalently effective odor control system;

(c) A veterinary boarding hospital may board any animal permitted to be lawfully sold in the District of Columbia, pursuant to D.C. Official Code § 8-1808(h)(1); and

(d) The Board of Zoning Adjustment may impose additional requirements pertaining to the location of buildings or other structures; entrances and exits; buffers, barriers, and fencing; soundproofing; odor control; waste storage and removal (including frequency); the species and/or number and/or breeds of animals; or other requirements, as the Board of Zoning Adjustment deems necessary to protect adjacent or nearby property.

3514.4 Daytime Care uses not meeting the conditions of § 3513.6 shall be permitted by special exception, subject to the following conditions:

(a) The facility shall be located and designed to create no objectionable traffic condition and no unsafe condition for picking up and dropping off persons in attendance; and

(b) Any off-site play area shall be located so as to not endanger individuals traveling between the play area and the center or facility.

3514.5 Fast Food Establishment and a Fast Food Establishment that meets the definition of a Food Delivery Services shall be permitted by special exception, subject to the following conditions:

(a) No part of a lot on which a fast food establishment or food delivery business is located shall be within twenty-five feet (25 ft.) of a residential zone, including WR-1, WR-7, and WR-8, unless separated therefrom by a street or alley;

(b) Any outdoor refuse dumpsters shall be housed in a three (3)-sided brick enclosure equal in height to the dumpster or six feet (6 ft.) high, whichever is greater, with the entrance to the enclosure including an opaque gate;

(d) There shall be no customer entrance in the side or rear of a building that faces an alley containing a zone boundary line for a residential zone;

(e) There shall be adequate facilities to allow deliveries to be made and trash to be collected without obstructing public rights-of-way or unreasonably obstructing parking spaces, aisles, or driveways on the site;

(f) The use shall be designed and operated so as not to become objectionable to neighboring properties because of noise, sounds, odors, lights, hours of operation; and

(g) The use shall be located and designed so as to create no dangerous or other objectionable traffic conditions.

3514.6 Emergency Shelter use for five (5) to twenty-five (25) persons, not including resident supervisors or staff and their families, subject to the following conditions:

(a) There shall be no other property containing an emergency shelter for seven (7) or more persons either in the same square or within a radius of five hundred feet (500 ft.) from any portion of the property;

(b) There shall be adequate, appropriately located, and screened off-street parking to provide for the needs of occupants, employees, and visitors to the facility;

(d) The facility shall not have an adverse impact on the neighborhood because of traffic, noise, operations, or the number of similar facilities in the area;

(e) The Board of Zoning Adjustment may approve more than one (1) emergency shelter in a square or within five hundred feet (500 ft.) only when the Board of Zoning Adjustment finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations; and

(f) The Board of Zoning Adjustment may approve a facility for more than twenty-five (25) persons, not including resident supervisors or staff and their families, only if the Board of Zoning Adjustment finds that the program goals and objectives of the District of Columbia cannot be achieved by a facility of a smaller size at the subject location and if there is no other reasonable alternative to meet the program needs of that area of the District.

3514.7 Community-based Institutional Facilities (CBIF) for one (1) to twenty (20) persons, not including resident supervisors or staff and their families subject to the following conditions:

(a) There shall be no other property containing a CBIF for seven (7) or more persons in the same square;

(b) There shall be no other property containing a CBIF for seven (7) or more persons within a radius of five hundred feet (500 ft.) from any portion of the subject property;

(c) There shall be adequate, appropriately located, and screened off-street parking to provide for the needs of occupants, employees, and visitors to the facility;

(d) The proposed facility shall meet all applicable code and licensing requirements;

(e) The facility shall not have an adverse impact on the neighborhood because of traffic, noise, operations, or the number of similar facilities in the area; and

(f) The Board of Zoning Adjustment may approve more than one (1) community-based institutional facility in a square or within five hundred feet (500 ft.) only when the Board of Zoning Adjustment finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations.

3514.8 All motor vehicle related uses are prohibited except motor vehicle sales, which may be permitted by Special Exception subject to the following conditions:

(a) There shall be no outdoor storage of vehicles;

(c) Vehicular access into the showroom shall be through a moveable glass façade, or through an internal ramp or elevator from an underground garage;

(d) If vehicular access into the showroom is from the street through a moveable façade, the applicant shall submit a plan showing the area external to the building, including landscaping, hardscape, the method by which vehicles shall be transferred into the showroom, and where any necessary delivery trucks shall unload and park. The Board of Zoning Adjustment shall find that the loading activities shall not unduly impact pedestrian movement outside the building, or negatively impact the streetscape, including street trees and street furniture. If the use fronts on a public street, approval under this section shall not imply approval by the Public Space Committee or any other permitting authority;

(e) Any repair of vehicles shall occur inside the building in a location not visible from the right-of-way; and

(f) The Board of Zoning Adjustment shall find that the use does not impair the overall pedestrian or retail environment of the neighborhood.

3515 PROHIBITED USES (WR)

3515.1 In addition to the use groups listed in the table in § 3512 as not permitted, the following uses are prohibited in the WR zone as both principal and accessory uses:

(a) Drive-through or drive-in, as either a principal or accessory use;

(b) Any establishment that has as its principal use the administration of massages; and

3515.2 Any use not listed in the table in § 3512 as permitted by right or otherwise permitted by conditions, special exception, or as an accessory or home occupation in this section/chapter shall be deemed to be not permitted unless determined by the Zoning Administrator to be compatible with like permitted uses and consistent with the general use impacts of permitted uses.

3616-3529 [RESERVED]

3530 AUTOMOBILE PARKING (WR)

3530.1 The cumulative total of all automobile parking spaces, including below-grade, surface, and above-grade structured parking, shall not exceed a total of three thousand four hundred (3,400) parking spaces.

3530.2 Each application to the Department of Consumer and Regulatory Affairs for a development that includes parking shall provide an accounting of the total number of parking spaces within the WR zone which count towards the parking space limit of § 3530.1.

3530.3 Parallel parking spaces on a private street shall not count toward the limit of § 3530.1, provided they are open to use by the public and not reserved for a particular or private use.

3530.4 Parking spaces dedicated for use by a car-sharing service or dedicated for the charging of electric vehicles shall not count toward the limit of § 3530.1.

3530.5 Additional parking spaces beyond the limit of § 3530.1 shall be permitted by special exception by the Board of Zoning Adjustment pursuant to § 3104 and provided that the applicant addresses compliance with the following standards:

(a) The application shall include:

(1) A detailed accounting of the existing and proposed number and locations of parking spaces provided pursuant to § 3530.1;

(2) A traffic study assessing the impacts of the proposed additional parking spaces that would, at a minimum, include an updated trip generation study, parking occupancy study for the entire site, and impacts on local traffic patterns, for referral to and comment by the District Department of Transportation (DDOT). The parameters of the analysis shall be outlined by DDOT prior to the application; and

(3) A transportation demand management (TDM) plan, for referral to and comment by DDOT. The parameters of the analysis shall be outlined by DDOT prior to the application; and

(b) Vehicular access and egress to the additional parking will be located and designed so as to encourage safe and efficient pedestrian movement, minimize conflict with principal pedestrian ways, function efficiently, and create no dangerous or otherwise objectionable traffic conditions.

3530.6 For any application pursuant to § 3530.5:

(a) The Board of Zoning Adjustment shall judge, balance, and reconcile the need for additional on-site parking against any adverse impacts the presence of the parking will have on traffic, and the aesthetics and development of the surrounding neighborhood; and

(b) The Board of Zoning Adjustment may impose requirements pertaining to design, appearance, signs, massing, landscaping, and other such requirements as it deems necessary to protect neighboring property and to achieve the purposes of the WR zone.

3530.7 Parking spaces need not be located on the same lot as the building or buildings they are intended to serve, but must be located within the WR zone.

3530.8 Parking spaces may be shared among more than one (1) use, whether the uses are on the same lot or on separate lots. A parking space that is shared among more than one (1) use shall be subject to the following conditions:

(a) The parking space and the uses shall all be within the WR zone;

(b) The parking space shall not serve as required parking for any other use during the days and times each use the space serves is in operation;

(c) A written agreement assigning the parking space to each use, stating compliance with § 3530.8(b), shall be signed by the owner of the parking space and the owner of each use requiring the parking space;

(d) The final, original written agreement shall be filed with the Zoning Administrator prior to the issuance of the first certificate of occupancy for the use;

(e) Any amendment or successor agreement must be filed no later than ten (10) days following execution by the parties; and

(f) The Zoning Administrator shall maintain a file of all written agreements and amendments for each lot containing a parking space shared between multiple uses and for the lots sharing the parking space.

3530.9 Parking spaces shall not be located between a street right-of-way line and the more restrictive of either a building façade or a line extending from and parallel to a building façade. A building used solely as a parking attendant shelter shall not trigger this restriction. Notwithstanding the restriction of this subsection, the existing surface parking lot south of Building 11 may remain, but shall not be expanded in size.

3530.10 Parking spaces within an above-grade structure shall be lined with preferred uses on the ground and second floors to a depth of fifteen feet (15 ft.) minimum, except the portions of the building façade used for vehicular, bicycle, or pedestrian access to the parking area. For the purposes of this subsection, preferred uses shall include any use from the Arts Design and Creation; Eating and Drinking Establishments; Office; Residential; Retail; Service, General; and Service, Financial use groups.

3530.11 All parking spaces, other than mechanical parking spaces, shall be accessible at all times from a driveway accessing either an improved street or an improved alley or alley system with a minimum width of ten feet (10 ft.). Parking spaces provided within or accessed by a mechanized parking system need not meet the accessibility requirement of this subsection as long as the mechanized parking system does.

3530.12 New parking spaces and drive aisles shall be designed in accordance with the standards of 11 DCMR Chapter 21.

3530.13 Approval of a driveway under this chapter shall not be interpreted to imply permission for a curb cut in public space. All curb cuts in public space shall obtain all necessary approvals and permissions.

3530.14 All access to parking facilities, whether from a public or private right-of-way, shall meet DDOT and Public Space Committee standards.

3531 BICYCLE PARKING (WR)

3531.1 When bicycle parking spaces are required, signs shall be posted in a prominent place at each entrance to the building or structure stating where bicycle parking spaces are located.

3531.2 A property owner shall provide and maintain all required bicycle parking spaces so long as the structure that the bicycle parking spaces are designed to serve exists. Maintenance of required bicycle parking spaces shall include keeping all racks and spaces clear of snow, ice, and any other obstructions.

3531.3 Where required bicycle parking is provided as racks, the racks must meet the following standards:

(a) The bicycle frame and one wheel can be locked to the rack with a high security U-shaped shackle lock without removing a wheel from the bicycle;

(b) A bicycle six feet (6 ft.) long can be securely held with its frame supported in at least two (2) places so that it cannot be pushed over or fall in a manner that would damage the wheels or components;

(c) Racks shall be placed a minimum of thirty inches (30 in.) on center from one another; twenty-four inches (24 in.) from any other obstructions; with a forty-eight inch (48 in.) minimum aisle separating racks; and provide a minimum clearance width of twelve inches (12 in.) for each bicycle; and

(d) The rack shall be securely anchored.

3531.4 Each required bicycle parking space shall be accessible without moving another bicycle.

3531.5 Bicycle parking spaces shall be provided as stated in this subsection:

(a) All residential uses with eight (8) or more dwelling units and non-residential uses with four thousand square feet (4,000 sq. ft.) or more of gross floor area shall provide bicycle parking spaces pursuant to the following table:

Use	Long-Term Spaces	Short-Term Spaces
Agriculture, Large	None	2 spaces
Agriculture, Residential	None	None
Animal Sales, Care and Boarding	1 space for each 10,000 sq. ft.	1 space for each 10,000 sq. ft.
Antennas	None	None
Arts Design and Creation	1 space for each 10,000 sq. ft.	1 space for each 20,000 sq. ft.
Basic Utilities	1 space for each 20,000 sq. ft.	None
Chancery	1 space for each 5,000 sq. ft.	1 space for each 40,000 sq. ft.
Community-Based Institutional Facility	1 space for each 10,000 sq. ft.	1 space for each 10,000 sq. ft.
Daytime Care	1 space for each 10,000 sq. ft.	1 space for each 10,000 sq. ft.
Eating and Drinking Establishment	1 for each 10,000 sq. ft.	1 space for each 3,500 sq. ft.
Education, College/ University	1 space for each 7,500 sq. ft.	1 space for each 2,000 sq. ft.
Education, Private School	1 space for each 7,500 sq. ft.	1 space for each 2,000 sq. ft.
Education, Public	1 space for each 7,500 sq. ft.	1 space for each 2,000 sq. ft.
Emergency Shelter	1 space for each 10,000 sq. ft.	1 space for each 10,000 sq. ft.
Entertainment, Assembly, and Performing Arts	1 space for each 10,000 sq. ft.	1 space for each 10,000 sq. ft.
Firearm Sales	1 space for each 10,000 sq. ft.	1 space for each 3,500 sq. ft.
Government, Large-Scale	1 for each 7,500 sq. ft.	1 space for each 40,000 sq. ft. but no less than 6 spaces
Government, Local	1 for each 7,500 sq. ft.	1 space for each 40,000 sq. ft. but no less than 6 spaces
Medical Care	1 space for each 10,000 sq. ft.	1 space for each 40,000 sq. ft.
Institutional, General	1 space for each 7,500 sq. ft.	1 space for each 2,500 sq. ft. but no less than 8 spaces
Institutional, Religious	1 space for each 7,500 sq. ft.	1 space for each 2,500 sq. ft. but no less than 8 spaces
Lodging	1 space for each 10,000 sq. ft.	1 space for each 40,000 sq. ft.
Marine	None	1 space for each 3,500 sq. ft.
Motor Vehicle-related	1 space for each 20,000 sq. ft.	1 space for each 10,000 sq. ft.
Office	1 for each 2,500 sq. ft.	1 space for each 40,000 sq. ft.
Parking	None	None
Parks and Recreation	None	1 space for each 10,000 sq. ft. but no less than 6 spaces
Production, Distribution, & Repair	1 space for each 20,000 sq. ft.	None
Residential House Residential Flat	None	None
Residential Apartment	1 space for each 3 dwelling units	1 space for each 20 dwelling units
Retail	1 for each 10,000 sq. ft.	1 space for each 3,500 sq. ft.
Service, General	1 for each 10,000 sq. ft.	1 space for each 3,500 sq. ft.
Service, Financial	1 for each 10,000 sq. ft.	1 space for each 3,500 sq. ft.
Sexually-based Business Establishment	1 for each 10,000 sq. ft.	1 space for each 10,000 sq. ft.
Transportation Infrastructure	None	None
Waste-related Services	1 space for each 20,000 sq. ft.	None

(b) After the first fifty (50) bicycle parking spaces are provided for a use, additional spaces are required at one-half (1/2) the ratio specified in § 3531.5(a);

(c) Notwithstanding §§ 3531.5(a) and (b), no property shall be required to provide more than one hundred (100) short-term bicycle parking spaces. All properties with a long-term bicycle parking requirement shall provide at least two (2) long-term spaces, and all properties with a short-term requirement shall provide at least two (2) short-term spaces. The bicycle parking standards of this chapter shall be met when a new building is constructed;

(d) When a property changes use categories or adds a use category, the property shall add any bicycle parking spaces necessary to meet the requirements for the new use. However, historic resources shall not be required to provide additional bicycle parking spaces for a change in use when the gross floor area of the building is not expanded;

(e) An addition to an existing building, or the expansion of a use within a building, triggers additional bicycle parking requirements only when the gross floor area of the building or use is expanded or enlarged by twenty-five percent (25%) or more beyond the gross floor area on September 4, 2015, or in the case of a new building, the gross floor area used to calculate the initial parking requirement. The additional minimum parking required shall be calculated based upon the entire gross floor area added;

(f) Additions to historic resources shall be required to provide additional bicycle parking spaces only for the addition’s gross floor area and only when the addition results in at least a fifty percent (50%) increase in gross floor area beyond the gross floor area existing on September 4, 2015;

(g) If a use operates solely outside of a building, any expansion of that use shall conform to the applicable bicycle parking standards;

(h) Uses governed by a campus plan are subject to the bicycle parking requirements approved by the Zoning Commission and are not subject to the bicycle parking requirements otherwise applicable; and

(i) When there is more than one (1) use on a lot, the number of bicycle parking spaces provided must equal the total required for all uses. If a single use falls into more than one (1) use category for which different bicycle parking minimums apply, the standard that requires the greater number of bicycle parking spaces shall apply.

3531.6 The amount of bicycle parking shall be calculated pursuant to the rules of this subsection:

(a) All bicycle parking standards shall be calculated on the basis of gross floor area, except for Residential uses, which base bicycle parking standards on the number of dwelling units;

(b) For purposes of calculating bicycle parking standards, gross floor area does not include floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; and

(c) Calculations of bicycle parking spaces that result in a fractional number of one-half (1/2) or more shall be rounded up to the next consecutive whole number. Any fractional result of less than one-half (1/2) shall be rounded down to the previous consecutive whole number.

3531.7 Short-Term Bicycle Parking Spaces shall meet the following requirements:

(a) Required short-term bicycle parking spaces shall be located either on the same lot as the use they are intended to serve or on public space within twenty feet (20 ft.) of the lot. A use providing short-term bicycle parking on adjacent public space must obtain approval of a public space application under Title 24 DCMR;

(b) Required short-term bicycle parking spaces shall be located within one-hundred and twenty feet (120 ft.) of a primary entrance to the building they serve;

(c) Areas devoted to short-term bicycle parking on private property shall be surfaced and maintained with an all-weather surface;

(d) Required short-term bicycle parking spaces shall be provided as bicycle racks that meet the standards of § 3531.3;

(e) An aisle at least four feet (4 ft.) wide between rows of bicycle parking spaces and the perimeter of the area devoted to bicycle parking shall be provided. Aisles shall be kept clear of obstructions at all times. Where the bicycle parking is on or adjacent to a sidewalk, the aisle may extend into the right-of-way; and

(f) Required short-term bicycle parking spaces shall be provided in a convenient, well-lit location that can be viewed from the building the spaces are intended to serve. Required short-term bicycle parking spaces shall be available for shoppers, customers, commuters, messengers, and all other visitors to the site.

3531.8 Long-Term Bicycle Parking Spaces shall meet the following requirements:

(a) All required long-term bicycle parking spaces shall be located within the building of the use requiring them;

(b) Except as noted below, required long-term bicycle parking spaces shall be located no lower than the first cellar level or the first complete parking level below grade, and no higher than the first above-grade level. Spaces shall be available to employees, residents, and other building occupants;

(c) If vehicular parking is segregated on different levels of a parking garage based on use, required long-term bicycle parking spaces may be located on the garage level dedicated to the use which generated the bicycle parking requirement. However, in no instance shall required long-term bicycle spaces be located lower than the second parking level below grade or the second parking level above grade;

(d) Required long-term bicycle parking shall be provided as racks or lockers. Bicycle racks for required long-term parking shall be provided in a parking garage or a bicycle storage room;

(e) Where required long-term bicycle parking is provided in a garage, it shall be clearly marked and be separated from adjacent motor vehicle parking spaces by wheel stops or other physical automobile barrier;

(f) Where required long-term bicycle parking is provided in a bicycle room, the room shall have either solid walls or floor-to-ceiling fencing. The room shall have locked doors;

(g) For any bicycle room with solid walls, the entirety of the interior of the bicycle room shall be visible from the entry door. A motion-activated security light enclosed in a tamper-proof housing shall be provided in each bicycle room;

(h) Where required long-term bicycle parking is provided in lockers, the lockers shall be securely anchored and meet the following minimum dimensions:

(1) Twenty-four inches (24 in.) in width at the door end;

(2) Eight inches (8 in.) in width at the opposite end;

(3) Seventy-two inches (72 in.) in length; and

(4) Forty-eight inches (48 in.) in height;

(i) Each required long-term bicycle parking space shall be directly accessible by means of an aisle of a minimum width of four feet (4 ft.) and have a minimum vertical clearance of seventy-five inches (75 in.). Aisles shall be kept clear of obstructions at all times;

(j) A minimum of fifty percent (50%) of the required long-term bicycle parking spaces shall allow the bicycles to be placed horizontally on the floor or ground. Vertical bicycle racks shall support the bicycle without the bicycle being suspended; and

(k) Each required long-term bicycle parking space shall be a minimum width of twenty-four inches (24 in.), and shall be:

(1) A minimum of seventy-two inches (72 in.) in length if the bicycles are to be placed horizontally; or

(2) A minimum of forty inches (40 in.) in length if the bicycles are to be placed vertically.

3531.9 Showers and Changing Facilities for newly constructed buildings and buildings that expand in gross floor area by more than twenty five percent (25%) shall meet the requirements of this subsection, which is intended to ensure that long-term bicycle parking spaces are usable by the long-term occupants, especially employees, of non-residential uses:

(a) A non-residential use that requires long-term bicycle parking spaces and that occupies more than twenty-five thousand square feet (25,000 sq. ft.) in gross floor area shall provide a minimum of two (2) showers. An additional two (2) showers shall be installed for every fifty thousand square feet (50,000 sq. ft.) of gross floor area above the first twenty-five thousand square feet (25,000 sq. ft.), up to a maximum requirement of six (6) showers;

(b) A non-residential use that requires long-term bicycle parking spaces and that occupies more than twenty-five thousand square feet (25,000 sq. ft.) in gross floor area shall provide a minimum number of clothing lockers equal to six-tenths (0.6) times the minimum number of required long-term bicycle parking spaces. Each locker required by this subsection shall be a minimum of twelve inches (12 in.) wide, eighteen inches (18 in.) deep, and thirty-six inches (36 in.) high;

(c) Showers and lockers required by this subsection shall be accessible to employees and other long-term occupants of the use requiring them. Showers and lockers shall be located within the same building as the use requiring them; and

(d) Where more than one non-residential use in a building requires shower and locker facilities under this subsection, the uses may share a single shower and locker facility, as long as the total number of showers and lockers is equal to the sum total required for the uses individually.

3531.10 When providing the number of bicycle parking spaces or showers and changing facilities required is impractical or contrary to other District regulations, or when it is unnecessary due to a lack of demand for bicycle parking, the Board of Zoning Adjustment may grant, as a special exception, a full or partial reduction in the minimum number of long-term spaces, the minimum number of short term spaces, or the quantity of shower and changing facilities required for a use or structure, subject to the general requirements of § 3104 and the requirements of this subsection:

(a) If requesting a reduction in the amount of parking, the applicant must demonstrate one (1) of the following:

(1) Due to the physical constraints of the property, the required bicycle parking spaces cannot be provided on the lot or, in the case of short-term bicycle parking spaces, on abutting public space; or

(2) The use or structure will generate demand for less bicycle parking than the minimum bicycle parking standards require, as a result of:

(A) The nature of the use or structure;

(B) Land use or topographical characteristics of the neighborhood that minimize the need for required bicycle parking spaces; or

(C) A transportation demand management plan approved by DDOT, the implementation of which shall be a condition of the Board of Zoning Adjustment’s approval, will result in demand for less short-term bicycle parking than the minimum bicycle parking standards require; or

(3) The nature or location of an historic resource precludes the provision of bicycle parking spaces; or providing the required bicycle parking would result in significant architectural or structural difficulty in maintaining the integrity and appearance of the historic resource;

(b) A reduction in parking granted under this subsection shall only be for the amount that the applicant demonstrates cannot be physically provided, and proportionate to the reduction in bicycle parking demand demonstrated by the applicant; and

(1) The intent of § 3531.9 is met; and

(2) Either:

(A) The use will not generate the demand for the full number of showers and changing facilities required; or

(B) The property owner has an arrangement to make use of showers and changing facilities off-site, and that the showers and changing facilities will be reasonably available to long-term occupants of the use requiring the facilities.

3532 LOADING (WR)

3532.1 Any building permit application for new construction or an addition to an existing building shall be accompanied by a detailed loading plan demonstrating full compliance with this chapter.

3532.2 All access to loading facilities, whether from a public or private right of way, shall meet DDOT and Public Space Committee standards.

3532.3 The Zoning Administrator may at his or her discretion, request that DDOT review and make a recommendation regarding any item on the loading plan prior to approving the building permit application.

3532.4 No certificate of occupancy shall be issued unless the loading facilities have been constructed in accordance with the approved loading plans.

3532.5 All buildings or structures shall be provided with loading berths and service/delivery spaces as follows, except for structures erected on Kingman and Heritage Islands for which the construction of service delivery loading spaces shall be prohibited:

Use	Minimum Number of Loading Berths Required	Minimum Number of Service/Delivery Spaces Required
Agriculture
	None	None
Animal Sales, Care and Boarding
5,000 to 20,000 sq. ft. gross floor area	1	None
More than 20,000 to 100,000 sq. ft. gross floor area	2	1
More than 100,000 sq. ft. gross floor area	3	1
Antennas
	None	None
Arts Design and Creation
5,000 to 20,000 sq. ft. gross floor area	1	None
More than 20,000 to 100,000 sq. ft. gross floor area	2	1
More than 100,000 sq. ft. gross floor area	3	1
Basic Utilities
20,000 to 50,000 sq. ft. gross floor area	1	1
More than 50,000 to 200,000 sq. ft. gross floor area	2	1
More than 200,000 sq. ft. gross floor area	3	1
Chancery
30,000 to 100,000 sq. ft. gross floor area	1	1
More than 100,000 sq. ft. gross floor area	2	1
Community-Based Institutional Facility
30,000 to 100,000 sq. ft. gross floor area	1	1
More than 100,000 sq. ft. gross floor area	2	1
Daytime Care
30,000 to 100,000 sq. ft. gross floor area	1	1
More than 100,000 sq. ft. gross floor area	2	1
Education
30,000 to 100,000 sq. ft. gross floor area	1	1
More than 100,000 sq. ft. gross floor area	2	1
Emergency Shelter
30,000 to 100,000 sq. ft. gross floor area	1	1
More than 100,000 sq. ft. gross floor area	2	1
Entertainment, Assembly, and Performing Arts
50,000 to 100,000 sq. ft. gross floor area	1	None
More than 100,000 to 500,000 sq. ft. gross floor area	2	None
More than 500,000 sq. ft. gross floor area	3	None
Firearm Sales
5,000 to 20,000 sq. ft. gross floor area	1	None
More than 20,000 to 100,000 sq. ft. gross floor area	2	1
More than 100,000 sq. ft. gross floor area	3	1
Food and Alcohol Services
5,000 to 20,000 sq. ft. gross floor area	1	None
More than 20,000 to 100,000 sq. ft. gross floor area	2	1
More than 100,000 sq. ft. gross floor area	3	1
Government, Large-Scale
30,000 to 100,000 sq. ft. gross floor area	1	1
More than 100,000 sq. ft. gross floor area	2	1
Government, Local
30,000 to 100,000 sq. ft. gross floor area	1	1
More than 100,000 sq. ft. gross floor area	2	1
Health Care
30,000 to 100,000 sq. ft. gross floor area	1	1
More than 100,000 sq. ft. gross floor area	2	1
Institutional
30,000 to 100,000 sq. ft. gross floor area	1	1
More than 100,000 sq. ft. gross floor area	2	1
Lodging
10,000 to 50,000 sq. ft. gross floor area	1	None
More than 50,000 to 100,000 sq. ft. gross floor area	2	None
More than 100,000 to 500,000 sq. ft. gross floor area	3	None
More than 500,000 sq. ft. gross floor area	4	None
Marine
30,000 to 100,000 sq. ft. gross floor area	1	1
More than 100,000 sq. ft. gross floor area	2	1
Motor Vehicle-related
5,000 to 20,000 sq. ft. gross floor area	1	None
More than 20,000 to 100,000 sq. ft. gross floor area	2	1
More than 100,000 sq. ft. gross floor area	3	1
Office
20,000 to 50,000 sq. ft. gross floor area	1	1
More than 50,000 to 200,000 sq. ft. gross floor area	2	1
More than 200,000 sq. ft. gross floor area	3	1
Parking
	None	None
Parks and Recreation
More than 30,000 sq. ft. gross floor area	None	1
Production, Distribution, and Repair
5,000 to 25,000 sq. ft. gross floor area	1	None
More than 25,000 sq. ft. gross floor area	2	None
For each 100,000 sq. ft. gross floor area more than 50,000 sq. ft.	1	None
Residential
More than 50 dwelling units	1	1
Retail
5,000 to 20,000 sq. ft. gross floor area	1	None
More than 20,000 to 100,000 sq. ft. gross floor area	2	1
More than 100,000 sq. ft. gross floor area	3	1
Service
5,000 to 20,000 sq. ft. gross floor area	1	None
More than 20,000 to 100,000 sq. ft. gross floor area	2	1
More than 100,000 sq. ft. gross floor area	3	1
Sexually-oriented Business Est.
5,000 to 20,000 sq. ft. gross floor area	1	None
More than 20,000 to 100,000 sq. ft. gross floor area	2	1
More than 100,000 sq. ft. gross floor area	3	1
Transportation Infrastructure
	None	None
Waste-related Services
5,000 to 25,000 sq. ft. gross floor area	1	None
More than 25,000 sq. ft. gross floor area	2	None
For each 100,000 sq. ft. gross floor area more than 50,000 sq. ft.	1	None

3532.6 The loading requirements must be met when a new building or structure is constructed.

3532.7 No loading berths are required for buildings or structures with a gross floor area less than the minimum specified in § 3532.5.

3532.8 Each loading berth shall be accompanied by one (1) adjacent loading platform.

3532.9 When a property changes or adds a use category, the following shall apply:

(a) Additional loading berths, loading platforms and service/delivery spaces shall be required only when the minimum number of loading spaces required for the new use category exceeds the number of spaces required for the prior use category that occupied the same floor area;

(b) When determining the amount of additional required loading, it shall be assumed that the previous use provided the minimum number of spaces required; and

3532.10 An addition to an existing building, or the expansion of a use within a building triggers additional loading requirements only when the gross floor area of the building or use is expanded or enlarged by twenty-five percent (25%) or more beyond the gross floor area on September 4, 2015, or in the case of a new building, the gross floor area used to calculate the initial loading requirement. The additional minimum loading berths and service/delivery spaces required shall be calculated based upon the entire gross floor area added.

3532.11 An addition to a historic resource shall be required to provide additional loading berths, loading platforms, and service/delivery spaces only for the addition’s gross floor area and only when the addition results in at least a fifty percent (50%) increase in gross floor area beyond the gross floor area existing on September 4, 2015.

3532.12 Where two (2) or more uses share a building or structure, the uses may share loading as long as internal access is provided from all shared uses requiring loading.

3532.13 For a building or structure having three (3) or more required loading berths in one (1) location, the loading berths may be stacked.

3532.14 No other use shall be conducted from or upon the loading berth or service/delivery space or any portion thereof.

3532.15 Each service/delivery space shall be clearly marked “For Service and Delivery Vehicles Only” and used exclusively for such vehicles.

3532.16 The provision of loading spaces shall be governed by the rules of measurement contained in this subsection:

(a) When two (2) or more non-residential uses in the same use category share a building or structure, all of the uses in the same use category shall be added together to derive the total gross floor area, to determine the required number of berths and spaces for that use category;

(b) When two (2) or more uses in different use categories share a building or structure, the building or structure is only required to provide enough berths and spaces to meet the requirement for the use category with the highest requirement, and not the combination of requirements for all use categories provided that all uses that require loading have access to the loading area;

(c) At least one (1) loading berth shall be provided when the sum of the gross floor area of the separate uses exceeds the minimum gross floor area requiring loading berths for any one (1) of the separate uses; and

(d) For purposes of calculating loading requirements for non-residential uses, gross floor area does not include floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space.

3532.17 Loading facilities shall be located as described in this subsection:

(a) Except as provided elsewhere in this subsection, all loading berths and service/delivery spaces shall be located within the building or structure the berths or spaces are designed to serve;

(b) Loading may be located in the rear or side yard of the building that it is designed to serve, but must be screened in accordance with § 3532.21;

(c) All loading platforms shall be located contiguous and with unobstructed access to the loading berth and shall have unobstructed access to an entrance to the building or structure;

(d) All uses in the building shall have direct access to required loading platforms or access through a common interior space or corridor;

(e) All loading berths shall be designed so that no vehicle or any part thereof shall project over any lot line, front setback line, or building restriction line; and

(f) Required loading berths may be provided in facilities designed to serve jointly two (2) or more adjoining buildings or structures on lots that share a party wall or lot line or are separated only by an alley within a single square; provided:

(1) The number of berths in the joint facilities shall not be less than that required for the total combined requirement in § 3532.5; and

(2) A binding covenant that is acceptable to the Zoning Administrator, ensuring the joint use of the loading berths and entered into by all property owners concerned, shall be recorded in the land records of the District of Columbia for the affected properties. A certified true copy of the recorded covenant shall be filed with the Zoning Administrator. Joint use of the loading berths by all parties involved shall continue in effect so long as the binding agreement remains in force. If the agreement becomes legally ineffective or inoperable, the loading berths shall be provided as otherwise required by this section.

3532.18 Access to loading facilities shall be provided as required by this subsection:

(a) All loading berths and service/delivery spaces shall be accessible at all times from a driveway meeting the following requirements:

(1) A driveway or access aisle leading to a loading berth or service/delivery space shall have a minimum width of twelve feet (12 ft.), a maximum width of twenty-four feet (24 ft.), and a maximum slope of twelve percent (12%); and

(2) No driveway providing access to a loading berth or service/delivery space shall be located in such a way that a vehicle entering or exiting from the loading berth blocks any street intersection; and

(b) A loading berth or service/delivery space shall be designed so that it is usable and accessible by the vehicles that it is intended to serve.

3532.19 The size, layout, and maintenance of loading facilities shall be as prescribed in this subsection:

(a) All loading berths shall be a minimum of twelve feet (12 ft.) wide, have a minimum depth of thirty feet (30 ft.) and have a minimum vertical clearance of fourteen feet (14 ft.);

(b) All service/delivery spaces shall be a minimum of ten feet (10 ft.) wide, have a minimum depth of twenty feet (20 ft.) and have a minimum vertical clearance of ten feet (10 ft.);

(1) A loading berth that is less than fifty-five feet (55 ft.) deep shall have a platform that is at least one hundred square feet (100 sq. ft.) and at least eight feet (8 ft.) wide;

(2) A loading berth that is fifty-five feet (55 ft.) deep or greater shall have a platform that is at least two hundred square feet (200 sq. ft.) and at least twelve feet (12 ft.) wide;

(3) Loading platforms shall have a minimum vertical clearance of ten feet (10 ft.); and

(4) A loading platform floor shall consist of one (1) horizontal level;

(d) No loading platform need be provided for loading berths if the required loading berth is increased in depth for the full width thereof, such that the resulting enlarged loading berth is equal in area to the combined area of a required loading berth and a required loading platform;

(e) The dimensions specified in this section for loading berths and service/delivery spaces are exclusive of access aisles, maneuvering space, and loading platforms;

(f) All loading berths and service/delivery spaces including access aisles, driveways, and maneuvering areas shall be surfaced and maintained with an all-weather surface; and

(g) A loading berth or service/delivery space, including access aisles, driveways, and maneuvering areas, shall be maintained and used as a loading berth or service/delivery space for as long as the use exists that the loading berth or service/delivery space is designed to service.

3532.20 Trash rooms and trash receptacles shall meet the following requirements:

(a) Buildings requiring loading must have a designated trash area either within the building or within a loading berth or within an accessory building or structure immediately adjacent to the loading area or within an enclosed receptacle in a designated trash area within the loading area. All new developments over two thousand square feet (2,000 sq. ft.) of gross floor area, other than buildings with only one (1) or two (2) dwelling units, must clearly show the area for the building’s trash receptacles on the building plans; and

(b) Trash receptacles external to a building shall be screened and covered.

3532.21 Screening and lighting for loading facilities shall meet the requirements of this subsection:

(a) All loading berths or service/delivery spaces that are not enclosed within a building shall have screening around the entire perimeter, subject to the standards of §§ 3532.21(c) and (d);

(b) Screening is not required if the loading area is in a rear yard and separated from all contiguous property by at least twenty-five feet (25 ft.);

(c) The screening required by § 3532.21(a) shall be a solid masonry wall at least twelve inches (12 in.) thick and seventy-two inches (72 in.) high. The wall shall harmonize with the main structure in architectural character, material, and color;

(d) Gaps in the screening are allowed only to provide driveways and pedestrian exits or entrances that open directly onto a street or alley. No individual gap may exceed twenty feet (20 ft.) in width;

(e) Any lighting used to illuminate a loading berth, loading platform, or service/delivery space shall be arranged so that all direct light rays are confined to the surface of the berth, platform, or space; and

(f) Any loading berths or service/delivery spaces that are not enclosed within a building, if potentially visible from a public right-of-way, shall have, in addition to the wall required by this subsection, a screen of evergreen trees, planted at a distance of no more than fifteen feet (15 ft.) on center, of a species that at maturity would have a typical height of at least fifteen feet (15 ft.).

3532.22 The Board of Zoning Adjustment may grant a special exception from the requirements of this section when providing the number of spaces required is impractical or contrary to other District regulations, subject to the criteria of this subsection:

(a) The Office of Zoning shall refer any application under this section to the Office of Planning and the District Department of Transportation for review and report.

(b) The Board of Zoning Adjustment may grant, as a special exception, a full or partial reduction of the number of loading berths or service/delivery spaces required by § 3532.5 if, in addition to meeting the general requirements of § 3104, the applicant demonstrates that:

(1) The only means by which a motor vehicle could access the lot is from a public street, and provision of a curb cut or driveway on the street would violate any regulation in this section, or in Chapters 6 or 11 of Title 24 DCMR; or

(2) For an historic resource, providing the required loading facilities would result in significant architectural or structural difficulty in maintaining the integrity and appearance of the historic resource;

(c) The Board of Zoning Adjustment may grant, as a special exception, a waiver of the access requirements of § 3532.18 if, in addition to meeting the general requirements of § 3104, the applicant demonstrates that:

(1) The lot has unusual topography, grades, shape, size, or dimensions; or

(2) Alternate access arrangements would improve site design, landscaping, or traffic patterns or provide safer ingress or egress;

(d) The Board of Zoning Adjustment may grant, as a special exception, modifications or waivers of the screening requirements of § 3532.21 if, in addition to meeting the general requirements of § 3104, the applicant demonstrates that:

(1) Existing protective and screening walls on the lot or on adjacent property are adequate to prevent adverse impacts on adjacent property; or

(2) Provision of protective screening walls would result in the removal of healthy trees or other landscaping, or architectural features determined by the Board of Zoning Adjustment to be worthy of protection or to provide equal screening benefits; and

(e) When granting a special exception under this subsection, the Board of Zoning Adjustment may impose conditions as to screening, lighting, coping, setbacks, fences, location of entrances and exits, widening of abutting alleys, loading management or transportation demand management practices, or any other requirement it deems necessary to protect adjacent or nearby property and promote the public health, safety, and welfare.

3533 – 3539 [RESERVED]

3540 AFFORDABLE HOUSING

3540.1 Affordable housing shall be provided as described in this section. The provisions of Chapter 26 of this title shall not apply.

3540.2 The purposes of this section are to:

(a) Ensure the provision of a significant amount of affordable housing, including for very low-income households; and

(b) Ensure that the affordable housing is distributed throughout the WR zone.

3540.3 The FAR, lot occupancy, and height listed in the Development Standards for each WR zone shall serve as the maximum permitted density and building envelopes for buildings and structures, including for the provision of affordable units.

3540.4 For the entire WR zone, no less than four hundred and thirty-two (432) units of affordable housing shall be subject to affordable housing covenants that collectively result in compliance with §§ 3540.5 and 3540.6.

3540.5 Of the four hundred and thirty-two (432) units:

(a) No less than one hundred and fourteen (114) rental units shall be reserved for and provided at rents affordable to households earning thirty percent (30%) or less of the Area Median Income (AMI);

(b) No less than one hundred and thirty nine (139) units shall be reserved for and provided at rents or sales prices affordable to households earning fifty percent (50%) of the AMI or less; and

(c) No less than one hundred and seventy nine (179) units shall be reserved for and provided at rents or sales prices affordable to households earning eighty percent (80%) of the AMI or less.

3540.6 A minimum amount of affordable units shall be provided in each zone, and in each multifamily building, according to the following table. The remaining affordable units may be located anywhere in the WR zone.

	Column A	Column B
Zone	Minimum Percentage of Residential Units to be Provided as Affordable Units in the Zone	Of the Units Prescribed in Column A, the Minimum Percentage to be Provided in Each Multifamily Building in the Zone
WR-1	8%	n/a
WR-2	8%	20%
WR-3	8%	12.5%
WR-4	8%	20%
WR-5	8%	25%
WR-7	8%	25%
WR-8	8%	25%

3540.7 At the expiration of the affordability control period established by its affordable housing covenant, each multifamily building within the WR-2 through WR-8 zones shall devote no less than eight percent (8%) of its units to affordable units, which shall remain affordable in accordance with § 3540.8 for so long as the multifamily building exists.

3540.8 At the expiration of the affordability control period established by its affordable housing covenant, each multifamily building within the WR-2 through WR-8 zones shall set aside fifty percent (50%) of affordable units for households earning fifty percent (50%) of the AMI or less and fifty percent (50%) of affordable units shall for households earning eighty percent (80%) of the AMI or less. The first affordable unit that becomes available after the expiration of the affordability control period and each additional odd number unit shall be set aside for households earning fifty percent (50%) of the AMI or less.

3540.9 At the expiration of all affordability control periods established by affordable housing covenants recorded against properties in the WR-1 zone, no less than eight percent (8%) of all units within the WR-1 zone shall be devoted to affordable units, which shall remain affordable in accordance with § 3540.10 for so long as the units exists.

3540.10 At the expiration of all affordability control periods established by affordable housing covenants recorded against properties in the WR-1 zone, fifty percent (50%) of affordable units within the WR-1 zone shall be set-aside for households earning fifty percent (50%) of the AMI or less and fifty percent (50%) of affordable units shall be set aside for households earning eighty percent (80%) of the AMI or less. The first affordable unit that becomes available after the expiration of the affordability control period and each additional odd number unit shall be set aside for households earning fifty percent (50%) of the AMI or less.

3540.11 In the WR zone, each application for a building permit for a residential use shall include in tabular and map format a description of which affordable units have been provided to date and where, which affordable units have yet to be provided and where they are anticipated to be provided, and how the provisions of this section are being met.

3540.12 Pursuant to § 3104, the Board of Zoning Adjustment may hear and decide any requests for relief from §§ 3540.5–3540.6, subject to the application demonstrating that the purposes of § 3540.2 would still be met.

3541 GREEN AREA RATIO (WR)

3541.1 In the WR-2, WR-3, WR-4, WR-5, WR-7, and WR-8 zones, the GAR requirement is four-tenths (0.4), pursuant to Chapter 34 of this title.

3542 PLANNED UNIT DEVELOPMENTS (WR)

3542.1 A planned unit development (PUD) in the WR zone shall be subject to the following provisions in addition to the provisions of Chapter 24 of this title:

(a) The minimum area required for a proposed PUD shall be fifteen thousand square feet (15,000 sq. ft.);

(b) In the WR-1, WR-5, WR-6, WR-7, and WR-8 zones, the height, number of stories, and FAR provided in the relevant zone’s development standards table shall serve as the maximum permitted for a PUD; and

(1) For the WR-2 zone, the limits on height, number of stories and FAR provided in the development standards table in § 3502 may be increased by no more than ten feet (10 ft.), one (1) story, and twenty percent (20%) FAR;

(2) For the WR-3 zone, the limits on height, number of stories and FAR provided in the development standards table in § 3503 may be increased by no more than ten feet (10 ft.), one (1) story, and twenty percent (20%) FAR; and

(3) For the WR-4 zone, the limits on height, number of stories and FAR provided in the development standards table in § 3504 may be increased by no more than ten feet (10 ft.), one (1) story, and twenty percent (20%) FAR.

3543 SPECIAL EXCEPTION RELIEF (WR)

3543.1 Except for § 3503.10 or as provided elsewhere in this chapter, relief from any section of this chapter may be heard and decided by the Board of Zoning Adjustment as a special exception. In addition to the general special exception criteria of § 3104, the Board of Zoning Adjustment must find that the request for relief is consistent with the purposes of the WR zone.

3544-3589 [RESERVED]

3590 USE GROUPS

3590.1 When used in this chapter, the following use categories shall have the following meanings:

(a) Agriculture, large:

(1) The on-site cultivation, or maintenance of plants, or the breeding or keeping of animals and livestock intended for personal use or eventual sale or lease off-site. Typical products of an agricultural use include produce, field crops, flowers, ornamental crops, livestock, poultry, honeybees, or other animal husbandry; and

(2) Examples include, but are not limited to: farm, truck garden, beekeeping, greenhouse, dairy, or horticultural nursery; and

(3) Exceptions: This use group does not include the customary landscaping of yards, residential gardening, or household pets;

(b) Agricultural, residential:

(1) The on-site cultivation, or maintenance of plants, or keeping of small domestic animals intended for personal use, sale on-site, or eventual sale off-site. Typical products of a residential agricultural use include produce, garden crops, flowers, and honeybees. This use group does not include the customary landscaping of yards, keeping of household pets, or the breeding or housing of large breed animals; and

(2) Examples include, but are not limited to: small-scale truck garden, beekeeping, greenhouse, or community gardens;

(c) Animal Sales, Care, and Boarding:

(1) The on-site sale, medical care, or short-term boarding of animals for a fee. These uses may include licensed veterinary practices such as medicine, surgery, or dentistry for animals, or the provision of animal services such as grooming, training, or care-taking;

(2) Examples include, but are not limited to: pet shop, veterinary clinic or hospital, pet grooming establishment, dog day care center, animal boarding facility, animal sales establishment, or animal shelter: and

(3) Exceptions: This use group does not include uses which would typically fall within the Agriculture use categories or the selling of a litter of a domestic pet;

(d) Antennas - A structure conducting, transmitting, or receiving communication signals. This use group encompasses the portions of the structure responsible for signal transmission and reception, any associated towers, immediately-related support and stabilizing elements, and rotating or other directional mechanisms; and examples include, but are not limited to: commercial broadcast antenna, mobile telecommunication antenna, microwave dish, satellite earth station, whip, or yagi antennas;

(e) Arts Design and Creation:

(1) The on-site design, rehearsal, or creation of visual, auditory, or performance art. This use may encompass work space for artists, artisans, or craftsmen practicing fine arts or applied arts or crafts, and may include the sale of items created on the site;

(2) Examples include, but are not limited to: artist studio, artisan production including kiln-firing, metal-working, wood-working, furniture making and glass-blowing arts, or photographic studio; and

(3) Exceptions: This use group does not include uses which would typically fall within the Entertainment, Assembly, and Performing Arts; Educational; or Sexually-based Business Establishment use groups;

(f) Basic Utilities:

(1) The commercial or governmental generation, transmission, distribution, or storage of energy, water, stormwater, cable, or telecommunication-related information. This use commonly takes the form of infrastructure services which are provided city-wide;

(2) Examples include, but are not limited to: electrical sub-station, telephone exchange, optical transmission node, electronic equipment facility, sewer plant, water treatment plant, methods and facilities for renewable energy generation, or utility pumping station; and

(3) Exceptions: This use group does not include uses which would typically fall within the Antennas or Waste-related Services use groups;

(g) Chancery:

(1) The principal offices of a foreign mission used for diplomatic or related purposes, and annexes to such offices (including ancillary offices and support facilities), including the site and any building on such site that is used for such purposes; and

(2) Exceptions: This use group does not include uses which would typically fall within the Office or Residential use groups, such as an ambassador’s residence or embassy staff residence building;

(h) Community-based Institutional Facility:

(1) A use providing court-ordered monitored care to individuals who have a common need for treatment, rehabilitation, assistance, or supervision in their daily living; have been assigned to the facility; or are being detained by the government, other than as a condition of probation;

(2) Examples include, but are not limited to: adult rehabilitation home, youth rehabilitation home, or detention or correctional facilities that do not fall within the Large-Scale Government use group; and

(3) Exceptions: This use group does not include uses which more typically would fall within the Emergency Shelter or Large-Scale Government use group. This use group also does not include Residential or Medical Care uses that were previously defined as community residence facilities, health care facilities, substance abuser’s homes, or youth residential care homes;

(i) Daytime Care:

(1) The non-residential licensed care, supervision, counseling, or training, for a fee, of individuals who are not related by blood, adoption, or marriage to the caregiver, and who are present on the site for less than 24 hours per day;

(2) Examples include, but are not limited to: an adult day treatment facility, child care centers and programs, pre-schools, nursery schools, before-and-after school programs, or elder care centers and programs; and

(3) Exceptions: This use group does not include uses which more typically fall within the Health Care, or Parks and Recreation use groups. This use does not refer to home-based care given by parents, guardians, or relatives of the individuals requiring care which does not require a Certificate of Occupancy;

(j) Eating and Drinking Establishments:

(1) The sale of food, alcoholic drinks, or refreshments prepared on the premises and sold to customers for consumption on or off the premises;

(2) Examples include, but are not limited to: prepared food shop, restaurant, fast food restaurant, or fast food drive-through; within these defined terms, uses may also include but are not limited to bar, café, cafeteria, cocktail lounge, coffee shop, delicatessen, ice cream parlor, or nightclub; and

(3) Exceptions: This use group does not include uses which more typically would fall within the Sexually-based Business Establishment use group;

(k) Education, College/University - An institution of higher educational or academic learning providing facilities for teaching and research, offering courses of general or specialized study leading to a degree, and authorized to grant academic degrees; This use may include accessory athletic and recreational areas, dormitories, cafeterias, ancillary commercial uses, multiple academic and administrative buildings, or sports facilities;

(l) Education, Private:

(1) An educational, academic, or institutional use with the primary mission of providing education and academic instruction that provides District or state mandated basic education or educational uses. These uses may include accessory play and athletic areas, dormitories, cafeterias, recreational, or sports facilities; and

(2) Exceptions: This use group does not include uses which more typically would fall within the Daytime Care, Public Education, or College/University Education use group. This use group also does not include the home schooling of children in a dwelling by their parent, guardian, or private tutor;

(m) Education, Public:

(1) Public or public charter schools at the elementary, middle, junior high, or high school level; these uses may include accessory athletic areas, dormitories, cafeterias, recreational, or sports facilities; and

(2) Exceptions: This use group does not include uses which more typically would fall within the Daytime Care, Private Education, or College/University Education use group. This group also does not include the home schooling of children in a dwelling by their parent, guardian, or private tutor;

(n) Emergency Shelter - A use providing thirty (30) days or less of temporary housing to indigent, needy, homeless, or transient individuals. Emergency Shelter uses may also provide ancillary services such as counseling, vocational training, or similar social and career assistance;

(o) Entertainment, Assembly, and Performing Arts:

(1) A use involving facilities designed primarily for public assembly that enables patrons to experience visual, auditory, performance, or literary arts; attend sporting events or conferences; or to participate in active leisure activities. These uses may be characterized by activities and structures that draw large numbers of people to specific events or shows;

(2) Examples include, but are not limited to: bowling alley, miniature golf, movie theatre, concert hall, museum, or stadium; and

(3) Exceptions: This use group does not include uses which more typically would fall within the Arts Design and Creation, Sexually-based Business Establishment, or Parks and Recreation use groups;

(p) Firearm Sales:

(1) A use engaged in the on-site sale, lease, or purchase of firearms or ammunition. This use group has been established to identify those uses which offer sales of goods whose impacts are incompatible with the intended health, safety, and welfare of other uses of land; and

(2) Examples include, but are not limited to: gun store, ammunition sales, pawn shop carrying guns, or weaponry store;

(q) Government, Large:

(1) A use involving services owned, managed, or provided by a governmental entity and associated with providing regional or wider services;

(2) Examples include, but are not limited to: airports, jails, truck dispatch facilities, or police/fire training facilities; and

(3) Exceptions: This use group does not include uses which more typically would fall within the Motor-Vehicle-related or Transportation Infrastructure use groups;

(r) Government, Local:

(1) A use involving services owned, managed, or provided by local government and associated with providing neighborhood-scaled services to meet the community needs of the directly adjacent areas;

(2) Examples include, but are not limited to: public community centers, police stations, libraries, or fire stations; and

(3) Exceptions: This use group does not include large-scale government uses with a regional or larger service area or uses which more typically would fall within the Large-Scale Government, Emergency Shelter, Parks and Recreation, or Motor Vehicle-related use group. It also does not include administrative offices of local government agencies, when those office functions meet the definition of the Office use group;

(s) Institutional, General:

(1) A non-governmental use involving the public assembly of people or provision of services for social or cultural purposes and which may include uses of a public, nonprofit, or charitable nature generally providing local service on-site to people of a local community;

(2) Examples include, but are not limited to: private clubs, private community centers, private libraries, non-profits, or social service providers; and

(3) Exceptions: This use group does not include uses which more typically would fall within the Religious-Based Institutional; Chancery; Education; Entertainment, Assembly, and Performing Arts; Local Government; Service; Office; or Parks and Recreation use groups;

(t) Institutional – Religious-Based:

(1) A non-governmental use involving the public assembly of people or provision of services for religious purposes and which may include related services or uses fundamental to the religious mission;

(2) Examples include, but are not limited to: churches, synagogues, temples, mosques, other places of worship, and related religious schools; and

(3) Exceptions: This use group does not include uses which more typically would fall within the General Institutional; Chancery; Education; Entertainment, Assembly, and Performing Arts; Local Government; Service; Office; or Parks and Recreation use groups;

(u) Lodging:

(1) A use providing customers with temporary housing for an agreed upon term of less than thirty (30) consecutive days; any use where temporary housing is offered to the public for compensation, and is open to transient rather than permanent guests;

(2) Examples include, but are not limited to: hotels, motels, inns, or bed and breakfast establishments; and

(3) Exceptions: This use group does not include uses which more typically would fall within the Emergency Shelter or Residential use group;

(v) Marine:

(1) A use in which proximity to the waterfront constitutes an integral aspect of its function; or uses which depend upon access to the water for their effectuality. This use group includes activities associated with water and marine-based travel, movement, storage, and related activities;

(2) Examples include, but are not limited to: marina, boathouse, boat launch, dock or pier, boat repair facility, water taxi facility, or water facilities; and

(3) Exceptions: This use group does not include uses which more typically would fall within the Motor Vehicle-related use group;

(w) Medical Care:

(1) A use involving the on-site licensed provision of medical diagnosis, treatment, or prevention of illness or disease of humans. These facilities may provide medical or surgical care to patients or offer overnight care;

(2) Examples include, but are not limited to: dentist, doctor, optician, hospitals, clinics, or medical offices. This use group also includes any “healthcare facility’ as defined under the definition of Community Based Residential Facility at § 199.1 of this title; and

(3) Exceptions: This use group does not include uses which more typically would fall within the Community-based Institutional Facility or Emergency Shelter use group;

(x) Motor Vehicle-related:

(1) A use engaging primarily in the on-site sale, rental, service, maintenance, or refueling of motor vehicles or their components. These uses include the sale, installation or repair of parts, components, accessories, or fuel for motor vehicles;

(2) Examples include, but are not limited to: gasoline service station, auto repair facility, carwash, automobile sales, boat sales, or motorcycle sales; and

(3) Exceptions: This use group does not include uses which more typically would fall within the Retail or Parking use group;

(y) Office:

(1) A use engaging primarily in on-site administrative, business, professional, research, or laboratory-based activities. These uses are characterized by activities in an office setting that focus on the provision of off-site sale of goods or on-site information-based services, usually by professionals;

(2) Examples include, but are not limited to: real estate agency, law firm, accounting firm, advertising agency, stockbrokerage firm, or laboratory; and

(3) Exceptions: This use group does not include uses which more typically would fall within the Health Care; Education; Local Government; Retail; Production, Distribution, and Repair; Financial Service; or Chancery use group;

(z) Parking:

(1) A use involving the on-site short or long-term storage of motor vehicles, including surface lots or within structures, when such motor vehicle storage is not provided as accessory parking for another use;

(2) Examples include, but are not limited to: public parking lot, public parking garage, or private garage; and

(3) Exceptions: This use group does not include parking that is accessory to another use;

(aa) Parks and Recreation:

(1) A use involving publicly accessible passive or active open space or a structure or facility under the jurisdiction of a public agency that is used for community recreation activities;

(2) Examples include, but are not limited to: Public plazas, parks, outdoor recreation, community gardens; Areas devoted to recreational activities such as picnicking, boating, fishing, bicycling, tennis, or swimming; Classes and services relating to health and wellness, culture, arts and crafts, or education; and Structures or other recreation facilities such as auditorium, multi-purpose room, gymnasium, meeting space, open space, playground, playing court, golf course, playing field, or swimming pool, with associated accessory uses such as kitchen facilities; and

(3) Exceptions: This use group does not include private recreation centers such as a commercial gymnasium, or uses which more typically would fall within the Entertainment, Assembly, and Performing Arts; Arts Design and Creation; Health Care; or Service use group;

(bb) Production, Distribution, and Repair:

(1) A use involving the on-site production, distribution, repair, assembly, processing, or sale of materials, products, technology, or goods intended for a wholesale, manufacturing, or industrial application. Uses may include firms that provide centralized services or logistics for retail uses, and wholesale goods establishments commonly selling to businesses in bulk. These uses typically have little contact with the public;

(2) Examples include, but are not limited to: manufacturing facility, concrete plant, asphalt plant, material salvage, hauling or terminal yard, chemical storage or distribution, outdoor material storage, acetylene gas manufacturing, fertilizer manufacturing, rock quarrying, warehouse, ground shipping facility, or wholesale sales; and

(3) Exceptions: This use group does not include uses which more typically would fall within the Retail, Service, or Waste-related Services use group;

(cc) Residential:

(1) A use offering habitation on a continuous basis of at least thirty (30) days. The continuous basis is established by tenancy with a minimum term of a month or property ownership. This use group also includes residential facilities that provide housing and supervision for persons with disabilities, which may include twenty-four (24)-hour on-site supervision, lodging, and meals for individuals who require supervision within a structured environment, and which may include specialized services such as medical, psychiatric, nursing, behavioral, vocational, social, or recreational services;

(2) Examples include, but are not limited to: single dwelling unit, multiple dwelling units, community residence facilities, retirement homes, rooming units, substance abusers’ home, youth residential care home, assisted living facility, floating homes, or other residential uses; and

(3) Exceptions: This use group does not include uses which more typically would fall within the Lodging, Education, or Community-based Institutional Facility use groups;

(dd) Retail:

(1) A use engaging primarily in the on-site sale of goods, wares, or merchandise directly to the consumer or persons without a resale license. These uses include goods commonly sold to individuals in small quantities for their direct use;

(2) Examples include, but are not limited to: shop, appliance, computer, drug, jewelry, fabric, department, large format, or grocery stores; clothing or gift boutiques; or pawn and antique shops; and

(3) Exceptions: This use group does not include wholesale goods commonly sold to businesses in bulk, corner store use, or uses which more typically would fall within the Arts Design and Creation; Eating and Drinking Establishments; Automobile-related; Firearm Sales; Marine; Production, Distribution, and Repair; or Sexually-based Business Establishment use groups;

(ee) Service, Financial:

(1) A use engaging primarily in the provision of banking, loan, mortgage or other similar financial services;

(2) Examples include, but are not limited to: banks, credit unions, or mortgage companies; and

(3) Exceptions: This use group does not include uses which more typically would fall within the Office use group;

(ff) Service, General:

(1) A use engaging primarily in the contracting of work that does not necessarily result in a tangible commodity. These uses may provide personal services or provide small-scale product repair or services for consumer and business goods on-site. Service uses which provide services off-site are typically Office uses;

(2) Examples include, but are not limited to: appliance repair, fitness center, yoga studio, shoe repair, tailor, hair salon and barber, or parcel delivery service; and

(3) Exceptions: This use group does not include uses which more typically would fall within the Eating and Drinking Establishments; Entertainment, Assembly, and Performing Arts; Local Government; Parks and Recreation; Animal Care and Boarding; Motor Vehicle-related; Accommodation; Daytime Care Facility; Health Care; Sexually-based Business Establishment; Arts Design and Creation; Marine; or Waste-related Services use groups;

(gg) Sexually-based Business Establishment:

(1) A use involving goods, services, or live performances that are characterized by their emphasis on matter depicting, describing, or related to specified sexual activities. Specified sexual activities include, but are not limited to: acts of sexual stimulation or arousal including human genitals in a discernibly turgid state, human masturbation, sexual intercourse, sodomy, or bestiality; or any erotic touching of human genitals, pubic region, buttock, or breast. This use group has been established to identify those uses which offer services or goods whose sexually-oriented impacts are incompatible with the intended health, safety, and welfare of other uses of land; and

(2) Examples include, but are not limited to: sexually-themed bookstores, newsstands, theatres, or amusement enterprises;

(hh) Transportation Infrastructure:

(1) A use involving structures or conveyances designed for individual mode or multimodal public transportation purposes. These uses may include land or facilities for the movement or storage of transportation system components;

(2) Examples include, but are not limited to: streetcar or bus passenger depots, transportation rights-of-way, Metro stations, mass transit stations, bus stops, bicycle paths, bus transfer stations, accessways, airports, bicycle facilities, multi-use paths, pedestrian connections, or streets; and

(3) Exceptions: This use group does not include uses which more typically would fall within the Basic Utilities use group; and

(ii) Waste-related Services:

(1) A use involving the collection, transportation, recycling, or disposal of refuse either on-site or at a transfer station. This use group may include the collection of sanitary wastes or uses that produce goods or energy from wastes; and

(2) Examples include, but are not limited to: composting facility, incinerator, solid waste handling facility, or non-intensive recycling facility. Unless otherwise noted, these terms have the same meaning as defined in the Solid Waste Facility Permit Act of 1995, effective February 27, 1996, as amended (D.C. Law 11-94; D.C. Official Code §§ 8-1051 to 8-1063).

3591 USES – RULES FOR INTERPRETATION

3591.1 This Section establishes rules for assigning and codifying use groups and use categories and regulations for the operation of temporary uses.

3591.2 The following rules shall be used to determine a use group:

(a) Use groups describe activities being performed on-site that have similar functions, physical characteristics, impacts, or operational behaviors;

(b) All individual uses shall be included in at least one (1) use group. On- and off-site activities associated with a use may cause that use to be included in more than one (1) group;

(d) The Zoning Administrator shall determine the category or categories for a use, based on consistency with § 3590;

(e) The following may be considered when determining the appropriate group or groups for a use:

(1) The description of the activity or activities in relationship to the definition of each use category;

(2) The relative amount of site or floor space and equipment devoted to each activity;

(3) The relative amounts of sales from each activity;

(4) The customer type for each activity;

(5) The relative number of employees in each activity;

(6) The typical hours of operation;

(7) The building and site arrangement;

(8) The number and type of vehicles used;

(9) The relative number of vehicle trips generated by the activity;

(10) How the use is advertised;

(11) How the use is licensed;

(12) Similarities in function to the examples and exceptions listed for each use group; and

(f) The activities, functions, physical characteristics, and impacts of a use on a property may not change unless that change has been determined by the Zoning Administrator to be consistent with that use group or a different use group permitted within the applicable zone.

3591.3 When a site contains more than one (1) use and these uses fall within different use groups, each use is subject only to the regulations of the applicable use group.

3591.4 If a use is determined to fall into more than one (1) use group, the use is subject to the regulations for all applicable use groups. If this results in conflicting conditions or criteria, the most stringent conditions shall be met.

3591.5 Accessory uses shall conform to the following rules:

(a) Any use allowed as a permitted use in a zone shall be allowed as an accessory use within that zone;

(b) Any use allowed only with conditions in a zone shall be allowed as an accessory use within that zone, subject to all applicable conditions; and

(1) Shall be allowed only when associated with permitted or conditionally permitted uses; and

(2) Shall meet all of the conditions of the appropriate use group.

3591.6 Temporary uses shall conform to the following rules:

(a) Any use allowed as a permitted use in a zone shall be allowed as a temporary use within that zone;

(b) Any use allowed only with conditions in a zone shall be allowed as a temporary use within that zone, subject to all applicable conditions; and

(1) Shall have the time period of the allowance established on the Certificate of Occupancy but shall not exceed five (5) years; and

(2) Shall not result in the erection of any new permanent structures, although existing permanent structures may be used for a temporary use.

On May 11, 2015, upon the motion of Commissioner Miller, as seconded by Commissioner Turnbull, the Zoning Commission APPROVED the petition at its public meeting by a vote of 4‑0-1 (Anthony J. Hood, Robert E. Miller, Peter G. May, and Michael G. Turnbull to approve; Marcie I. Cohen opposed).

On July 27, 2015, upon the motion of Commissioner Miller, as seconded by Chairman Hood, the Zoning Commission ADOPTED this Order at its public meeting by a vote of 5-0-0 (Anthony J. Hood, Robert E. Miller, Peter G. May, and Michael G. Turnbull to adopt; Marcie I. Cohen to adopt by absentee ballot).

In accordance with the provisions of 11 DCMR § 3028.8, this Order shall become final and effective upon publication in the D.C. Register; that is, on September 4, 2015.

[1] Although ANC 4A’s resolution states that it is opposed to vehicular access on 12^th Street, as opposed to 13^th Street, the testimony submitted by ANC Commissioner Stephen Whatley on behalf of the ANC clarifies that the ANC actually prefers access to be limited for 13^th Street. (Ex. 18.) Further, this resolves an internal inconsistency in the ANC’s recommendation, which also requests that vehicular access be permitted for 12^th Street.

[2] ANC 4B also submitted an earlier report on February 24, 2015. (Ex. 11.) However, at the Commission’s April 2, 2015, public hearing, the ANC requested permission to submit a report revising its recommendations. Accordingly, the Commission only considers the issues and concerns raised in ANC 4B’s second report.

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