1. CHAPTER 13
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1. 100.1
   Subtitle K is to be read and applied in addition to the regulations included in:

   1. (a)
      Subtitle A, Authority and Applicability;
   2. (b)
      Subtitle B, Definitions, Rules of Measurement, and Use Categories;
   3. (c)
      Subtitle C, General Rules; and
   4. (d)
      Subtitle U, Use Permissions.

1. 100.2
   For those zones with a geographic identifier, the zone boundaries are described in Subtitle W, Specific Zone Boundaries, and identified on the official Zoning Map.

SOURCE: Final Rulemaking & Order No. 20-21 published at 68 DCR 14144 (December 31, 2021); Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR 11297 (August 25, 2023).

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1. 1303.1
   Vehicle parking in accordance with the requirements Subtitle C, Chapter 7 shall be provided, except:

   1. (a)
      At least twenty percent (20%) of the total provided parking spaces, including those parking spaces in the existing parking garage and excluding any parking spaces within the NYE zone dedicated to Federal use (which shall not exceed eight hundred (800) parking spaces), shall have access to electric vehicle charging infrastructure;
   2. (b)
      At least five (5%) of the total provided parking spaces, including those spaces in the existing parking garage and excluding any parking spaces within the NYE zone dedicated to Federal use (which shall not exceed eight hundred (800) parking spaces), shall have access to electric vehicle charging stations;
   3. (c)
      The cumulative total of all parking spaces built within the NYE zone, including below-grade, surface, on-street, and above-grade structured parking, shall not exceed a total of one thousand five hundred fifty (1,550) parking spaces, inclusive of any spaces dedicated to Federal use within the NYE zone. Each application to the Department of Buildings shall provide an accounting for the total number of parking spaces within the NYE zone;
   4. (d)
      There shall be no minimum vehicle parking requirement in the NYE zone;
   5. (e)
      No building or structure in the NYE zone may provide more than double the parking requirement of Subtitle C § 701.5, as calculated without the parking reduction found in Subtitle C §702.1, including below-grade, surface, on-street, and above-grade structured parking; and
   6. (f)
      Required parking spaces need not be located on the same lot as the building or buildings they are intended to serve but must be located on a lot within the NYE zone,

SOURCE: Final Rulemaking & Order No. 23-27 published at 72 DCR 6195 (May 23, 2025)

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1. 101.1
   The purpose of the special purpose zones is to provide for single large sites that require a cohesive, self-contained set of regulations to guide site design, building height and bulk, land uses, or other aspects of development.

1. 200.1
   The Southeast Federal Center (SEFC) zones (SEFC-1 through SEFC-4) provide for the development of a vibrant, urban, mixed-use, waterfront neighborhood, offering a combination of uses that will attract residents, office workers, and visitors from across the District of Columbia and beyond.

1. 200.2
   The purposes of the SEFC zones are to:

   1. (a)
      Assure development of the area with a mixture of residential and commercial uses and a suitable height, bulk, and design of buildings, as generally identified in the Comprehensive Plan, and in recognition of the objectives of the Anacostia Waterfront Initiative and the Near Southeast Urban Design Framework Plan;
   2. (b)
      Encourage high-density residential development with a pedestrian-oriented streetscape through flexible zoning parameters;
   3. (c)
      Encourage a variety of support and visitor-related uses, such as retail, service, entertainment, cultural, and hotel or inn uses;
   4. (d)
      Provide for a reduced height and bulk of buildings along the Anacostia riverfront in the interest of ensuring views over and around waterfront buildings, and provide for continuous publicly-accessible open space along the waterfront;
   5. (e)
      Require suitable ground-floor level retail and service uses near the Navy Yard Metrorail station, along M Street, S.E., near the SEFC-4 zone, and at other key pedestrian locations;
   6. (f)
      Encourage the design and development of properties in a manner that is sensitive to the adjacent Navy Yard and the historically significant buildings within the SEFC zones; and
   7. (g)
      Establish zoning incentives and restrictions to provide for the development of a publicly-accessible park along the Anacostia River and encourage uses in that park as permitted in the SEFC-4 zone.

1. 200.3
   The SEFC-1 zones provide for high-density mixed-use development with ground floor retail, with bonus density and height for development proximate to the Navy Yard Metrorail Station and the proposed 1½ Street, and with review of the relationship of new buildings to the M Street, S.E. corridor and the adjacent Washington Navy Yard. The SEFC-1 zones consist of the SEFC-1-A zone, which permits high-density commercial or residential use with ground floor retail on parcels A, F, and G near the Navy Yard Metrorail Station entrance, and the SEFC-1-B zone, which promotes a mix of high-density residential and medium-density commercial development with ground floor retail on parcels D, E, K, H, and I. The Property descriptions and zone district for each parcel is as follows:

1. 200.4
   The SEFC-2 zone provides for high-density residential development with limited ground floor retail, and the review of the relationship of new buildings to the SEFC waterfront park open space area.

1. 200.5
   The SEFC-3 zone provides for medium-density residential development with limited ground floor retail, and the review of the relationship of new buildings to the SEFC waterfront park open space area.

1. 200.6
   The SEFC-4 zone provides for a five (5) acre minimum public park along the Anacostia River, with defined areas for retail, cultural, education, and institutional uses to serve residents of the neighborhood and the District of Columbia.

1. 200.7
   Additional objectives for the SEFC-4 zones are to:

   1. (a)
      Encourage open space;
   2. (b)
      Promote a lively, interactive waterfront environment;
   3. (c)
      Discourage parking;
   4. (d)
      Provide a development area for retail, cultural, educational, and institutional uses;
   5. (e)
      Provide an open space area, intended to be the site of open space recreation use as well as limited uses that are directly waterfront dependent; and
   6. (f)
      Allow for a continuous publicly-accessible pedestrian and bicycle trail along and adjacent to the waterfront as part of the Anacostia Waterfront Trail system.

1. 200.8
   The SEFC-4 zone is divided into two geographic areas:

   1. (a)
      SEFC-4 development area, consisting of (1) the northeastern portion of the SEFC- 4 zone, specifically the existing Building 173 and that portion of the SEFC-4 zone located directly to the east of Building 173, north of a line extending east from the south elevation of Building 173, and (2) the far eastern portion of the SEFC-4 zone that is immediately south of the Washington Navy Yard and is identified in the Southeast Federal Center Master Plan as Parcel P3; and 
   2. (b)
      SEFC-4 open space area, consisting of all property within the SEFC-4 zone that is located outside of the development area.

1. 200.9
   Notwithstanding the subdivision requirements of Subtitle C § 302, two (2) or more principal buildings or structures may be erected as a matter-of-right on a single lot within the SEFC-4 zone provided that such principal buildings or structures comply with all other theoretical lot subdivision requirements of Subtitle C § 305, except that the maximum permitted density for the SEFC-4 zone District shall be aggregated across the entire SEFC-4 zone and allocated to each theoretical lot in any manner so long as the maximum permitted density set forth in Subtitle K § 230 is not exceeded.

1. 200.10
   The parking requirements are as follows:

   1. (a)
      The provision of vehicular parking spaces shall not be required. Any parking spaces and access provided shall conform to the requirements of Subtitle C, Chapter 7;
   2. (b)
      Bicycle parking spaces shall be required, in accordance with the standards of Subtitle C, Chapter 8; and
   3. (c)
      Parking for marine and parks and recreation uses, including any accessory uses, shall be located in accordance with the provisions of Subtitle C §1102.

1. 200.11
   Penthouses or rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15, and the height and story limitations specified in each zone of this chapter. 

1. 200.12
   The Inclusionary Zoning (IZ) requirements, and the available IZ modifications and bonus density, shall apply to the SEFC zones except for:

   1. (a)
      Properties subject to a land disposition or other agreement with the District of Columbia that mandates the provision of affordable housing; provided that these properties shall be subject to IZ requirements for new penthouse habitable space as described in Subtitle C § 1507.2; and
   2. (b)
      Penthouses and rooftop structures in residential rental buildings.

1. 200.13
   The matter-of-right height, penthouse and rooftop structure height, and floor area ratio limits shall serve as the maximums permitted building height, penthouse and rooftop structure height, and floor area ratio for a planned unit development (PUD) for each SEFC zone.  

1. 201.1
   The development standards in Subtitle K §§ 202 through 210 control the bulk of structures in the SEFC-1 zones.

1. 201.2
   In addition to the development standards set forth in this subtitle, additional general regulations relevant to this subtitle can be found in Subtitle C.

1. 202.1
   The maximum permitted floor area ratio (FAR) for buildings in the SEFC-1-A zone (i.e. Parcels A, F, and G) shall be 6.0, except that an additional density of up to 1.0 FAR is permitted, if reviewed and approved by the Zoning Commission pursuant to the standards and procedures of Subtitle K §§ 237.4 and 241; provided that:

   1. (a)
      To the extent that the approved additional FAR is devoted to residential uses, a minimum of eight percent (8%) of the additional residential density utilized shall be devoted to three (3) bedroom units that:

      1. (i)
         May be located anywhere within the residential building:
      2. (ii)
         Shall be set aside for households earning 50% or less of the Median Family Income for a term of not less than thirty years beginning on the date that certificate of occupancy is issued; and
      3. (iii)
         May also serve as units that are set aside as affordable units pursuant to the terms of any land disposition or other agreement with the District of Columbia that mandates the provision of affordable housing; and
   2. (b)
      The reduction or elimination of the requirements of paragraph (a) may be permitted by the Commission upon a showing by the applicant that exceptional circumstances affecting the property make compliance with this requirement difficult or impossible.

1. 202.2
   The maximum permitted FAR for buildings in the SEFC-1-B zone (i.e. Parcels D, E, H, I, and K) shall be 6.0 with a maximum of 3.0 FAR for non-residential uses, except an additional density of up to 1.0 FAR is permitted on Parcels H or I if reviewed and approved by the Zoning Commission, pursuant to the standards and procedures of Subtitle K §§ 237.4 and 241; provided that:

   1. (a)
      The additional density granted is devoted solely to residential uses, which for the purposes of this paragraph does not include a hotel; and
   2. (b)
      A minimum of eight percent (8%) of the additional density utilized is devoted to three (3) bedroom units, that:

      1. (i)
         May be located anywhere within the residential building;
      2. (ii)
         Shall be set aside for households earning 50% or less of the Median Family Income for a term of not less than thirty years beginning on the date that certificate of occupancy is issued; and
      3. (iii)
         May also serve as units that are set aside as affordable units pursuant to the terms of any land disposition or other agreement with the District of Columbia that mandates the provision of affordable housing; and
   3. (c)
      The reduction or elimination of the requirements of paragraph (b) may be permitted by the Commission upon a showing by the applicant that exceptional circumstances affecting the property make compliance with this requirement difficult or impossible.

1. 202.3
   A record lot may be created with respect to the parcel on which Building 167 is located, notwithstanding other requirements of Subtitle C, Chapter 3. Any enlargements or additions to Building 167 shall comply with all requirements of this title.

1. 203.1
   The maximum permitted building height, not including the penthouse or rooftop structure, in the SEFC-1 zones shall be one hundred and ten feet (110 ft.), except that:  

   1. (a)
      The maximum permitted building height for Parcel A shall be one hundred thirty feet (130 ft.); and
   2. (b)
      An additional twenty feet (20 ft.) of building height is permitted in Parcels F, G, and H if reviewed and approved by the Zoning Commission pursuant to the standards and procedures of Subtitle K §§ 237.4 and 241.

1. 203.2
   Sites fronting on M Street, S.E., east of 4^th Street, S.E., are restricted to a height of ninety feet (90 ft.) except that:

   1. (a)
      For Parcels D and E1, an additional twenty feet (20 ft.) of building height is permitted if reviewed and approved by the Zoning Commission pursuant to paragraph (c) of this subsection and the procedures of Subtitle K § 241;
   2. (b)
      For the remaining portions of Parcel E (i.e. excluding Parcel E1), an additional twenty feet (20 ft.) of building height is permitted only for a building that will be occupied by a federal use as a primary use, if such height is reviewed and approved by the Zoning Commission pursuant to paragraph (c) of this subsection and the procedures of Subtitle K § 241; and
   3. (c)
      For the purposes of the paragraph (a) and (b) reviews, the Zoning Commission shall consider the relationship of the new building to the Navy Yard and to the east and the report and consider recommendations of the United States Navy submitted pursuant to Subtitle K § 242.3. The Zoning Commission may require graduated height and/or design features because of the building’s proximity to the Navy Yard.

1. 203.3
   The maximum permitted height of a penthouse or rooftop structure shall be twenty feet (20 ft.), and the maximum number of stories shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.

1. 204.1
   The maximum permitted lot occupancy in the SEFC-1 zones shall be one hundred percent (100%) for non-residential uses and seventy-five percent (75%) for residential uses.

1. 204.2
   A building occupied by both residential and non-residential preferred uses provided in accordance with Subtitle K § 206.3 shall be permitted one hundred percent (100%) lot occupancy for the ground and second stories.

1. 204.3
   No public recreation and community center shall occupy more than twenty percent (20%) of the lot upon which it is located; except that it may occupy up to forty percent (40%) if approved by the Zoning Commission, provided that the agency shows that the increase is consistent with the preservation of open space.

1. 205.1
   A front setback of fifteen feet (15 ft.) minimum for the entire height and frontage of each new building along M Street, S.E., measured from the face of the adjacent curb along M Street, S.E., shall be required in the SEFC-1 zones.

1. 205.2
   A front setback of twenty feet (20 ft.) minimum for the entire height and frontage of each new building along the east side of 4^th Street, S.E., measured from the face of the adjacent curb along 4^th Street, S.E., shall be required in the SEFC-1 zones.

1. 206.1
   A rear yard of two and one-half inches (2.5 in.) per one foot (1 ft.) of height or a minimum of twelve feet (12 ft.) shall be provided for each structure located in the SEFC-1 zones.

1. 207.1
   No side yard is required; however, any side yard provided shall be five feet (5 ft.) minimum.

1. 208.1
   Where a court is provided, it shall have the following minimum dimensions:

1. 209.1
   A minimum green area ratio (GAR) of 0.20 shall be required in the SEFC-1 zones.

1. 210.1
   Non-residential floor area shall be the total gross floor area of the building not dedicated to uses in one (1) of the following use categories:

   1. (a)
      Residential;
   2. (b)
      Emergency shelter; or
   3. (c)
      Lodging.

1. 211.1
   No driveway may be constructed or used from M Street, S.E. to vehicular parking spaces in or adjacent to a new building.

1. 212.1
   No driveway may be constructed or used from M Street, S.E. to access loading spaces in or adjacent to a new building.

1. 213.1
   The development standards in Subtitle K §§ 214 through 220 control the bulk of structures in the SEFC-2 zone.

1. 214.1
   The maximum permitted FAR for a building in the SEFC-2 zone shall be 6.0 with a maximum of 0.5 FAR for non-residential uses.

1. 214.2
   The density associated with preferred uses shall be in addition to otherwise permitted density, and shall not exceed 0.5 FAR.

1. 215.1
   The maximum permitted building height, not including the penthouse or rooftop structure, in the SEFC-2 zone shall be one-hundred and ten feet (110 ft.).  

1. 215.2
   For the purposes of determining maximum height permitted under the Height Act of 1910, and for achieving the height permitted in Subtitle K § 215.1, the SEFC-2 zone is considered a "mixed-use" zone.

1. 215.3
   Maximum height shall be that equal to the width of the adjacent right-of-right, increased by twenty feet (20 ft.), but not to exceed one hundred and thirty feet (130 ft.), or less if otherwise restricted by the Height Act.

1. 215.4
   The maximum permitted height of a penthouse or rooftop structure shall be twenty feet (20 ft.), and the maximum number of stories shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted. 

1. 216.1
   The maximum permitted lot occupancy in the SEFC-2 zone shall be seventy-five percent (75%).

1. 216.2
   A building occupied by both residential and non-residential preferred uses provided in accordance with Subtitle K § 207.3 shall be permitted one hundred percent (100%) lot occupancy for the ground and second stories.

1. 216.3
   No public recreation and community center shall occupy more than twenty percent (20%) of the lot upon which it is located; except that it may occupy up to forty percent (40%) if approved by the Zoning Commission, provided that the agency shows that the increase is consistent with the preservation of open space.

SOURCE: Final Rulemaking & Order No. 08-06A published at 63 DCR 2447 (March 4, 2016 – Part 2).

1. 217.1
   A rear yard of two and one-half inches (2.5 in.) per one foot (1 ft.) of height or a minimum of twelve feet (12 ft.) shall be provided for each structure located in the SEFC-2 zone.

1. 218.1
   No side yard is required; however, any side yard provided shall be five feet (5 ft.) minimum.

1. 219.1
   Where a court is provided, it shall have the following minimum dimensions:

1. 220.1
   A minimum GAR of 0.3 shall be required in the SEFC-2 zone.

1. 221.1
   The development standards in Subtitle K §§ 222 through 228 control the bulk of structures in the SEFC-3 zone.

1. 222.1
   The maximum permitted FAR for building in the SEFC-3 zone shall be 3.5 with a maximum of 0.5 FAR for non-residential uses.

1. 222.2
   The density associated with preferred uses shall be in addition to otherwise permitted density, and shall not exceed 0.5 FAR.

1. 223.1
   The maximum permitted building height, not including the penthouse or rooftop structure, in the SEFC-3 zone shall be ninety feet (90 ft.). 

1. 223.2
   For the purposes of determining maximum height permitted under the Height Act, and for achieving the height permitted in Subtitle K § 203.1, the SEFC-3 zone is considered a "mixed-use" zone.

1. 223.3
   Maximum height shall be that equal to the width of the adjacent right-of-right, increased by twenty feet (20 ft.), but not to exceed one hundred and thirty feet (130 ft.), or less if otherwise restricted by the Height Act.

1. 223.4
   The maximum permitted height of a penthouse or rooftop structure shall be twenty feet (20 ft.), and the maximum number of stories shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted. 

1. 224.1
   The maximum permitted lot occupancy in the SEFC-3 zone shall be seventy-five percent (75%).

1. 224.2
   A building occupied by both residential and non-residential preferred uses provided in accordance with Subtitle K § 207.3 shall be permitted one hundred percent (100%) lot occupancy for the ground and second stories.

1. 224.3
   No public recreation and community center shall occupy more than twenty percent (20%) of the lot upon which it is located; except that it may occupy up to forty percent (40%) if approved by the Zoning Commission, provided that the agency shows that the increase is consistent with the preservation of open space.

1. 225.1
   A rear yard of two and one-half inches (2.5 in.) per one foot (1 ft.) of height or a minimum of twelve feet (12 ft.) shall be provided for each structure located in the SEFC-3 zone.

1. 226.1
   No side yard is required; however, any side yard provided shall be four feet (4 ft.) minimum.

1. 227.1
   Where a court is provided, it shall have the following minimum dimensions:

1. 228.1
   A minimum GAR of 0.3 shall be required in the SEFC-3 zone.

1. 229.1
   The development standards in Subtitle K §§ 230 through 235 control the bulk of structures in the SEFC-4 zone.

1. 230.1
   The maximum permitted FAR in the SEFC-4 zone shall be 0.5.

1. 230.2
   FAR shall be the gross floor area of all buildings and structures located on land and any associated permanent structure located on, in, or over water, other than a floating home, divided by the total area of the lot.

1. 230.3
   The FAR on a lot used exclusively for recreational use, marina, yacht club, or boathouse buildings and structures shall not exceed 0.75.

1. 230.4
   The gross floor area of existing Building 173 shall not count toward any FAR computation. The second story of Building 173 may be used for general office purposes; provided that any such office space is suitably designed for future occupancy by retail uses and to not adversely impact ground floor retail uses.

1. 230.5
   Two (2) or more lots, whether contiguous or non-contiguous, within the SEFC-4 zone may be combined for the purposes of allocating density as provided for and limited by Subtitle K § 230.7, in accordance with the procedures outlined in Subtitle K § 240.

1. 230.6
   A lot or lots in the SEFC-4 development area may receive and use density allocated from a lot or lots in the SEFC-4 open space area, subject to all other applicable area restrictions. If a single lot is included within both geographic areas, the portion of the lot in the SEFC-4 development area may use the unused density from the portion of the lot in the SEFC-4 open space area.

1. 231.1
   The maximum permitted building height, not including the penthouse or rooftop structure, in the SEFC-4 zone shall be forty feet (40 ft.).  

1. 231.2
   A building or structure located on, in or over the water; or a watercraft, including a floating home shall have a height of twenty-five feet (25 ft.) maximum. For the purposes of this subsection, the maximum height shall be measured from the mean high water level along the shore directly in front of the building, structure or watercraft to the highest point of the building or structure, not including sailboat masts.

1. 231.3
   The maximum permitted height of a penthouse or rooftop structure shall be twelve feet (12 ft.) except that a height of fifteen feet (15 ft.) shall be permitted for penthouse mechanical space; and the maximum number of stories shall be one (1), except that a second story for penthouse mechanical space shall be permitted. 

1. 232.1
   The maximum permitted lot occupancy in the SEFC-4 zone shall be twenty-five percent (25%), except as provided in Subtitle K § 232.3.

1. 232.2
   Lot occupancy shall be the total area occupied by all buildings and structures located on land and by any associated permanent structure located on, in, or over water, other than a floating home, divided by the total area of the lot.

1. 232.3
   The lot occupancy on a lot used exclusively for a recreational use, marina, yacht club, or boathouse buildings and structures shall not exceed fifty percent (50%).

1. 233.1
   A minimum required side yard of twelve feet (12 ft.) shall be provided in the SEFC-4 zone.

1. 233.2
   No side yard is required for any building or structure located entirely on, over, or in the water. If a side yard is provided, its minimum width shall be at least five feet (5 ft.).

1. 233.3
   Any building or structure located in whole or in part on land shall provide a side yard on each side of twelve feet (12 ft.) minimum.

1. 234.1
   Where a court is provided, it shall have the following minimum dimensions:

1. 235.1
   A waterfront setback shall be provided in accordance with the provisions of Subtitle C, Chapter 11.

1. 235.2
   The waterfront setback shall have a depth of one hundred feet (100 ft.) minimum.

1. 236.1
   The following uses groups shall be considered preferred uses within the SEFC zones:

   1. (a)
      Animal care, sales, and boarding provided there is no overnight boarding of dogs except for convalescence at a veterinary hospital;
   2. (b)
      Arts, design, and creation;
   3. (c)
      Eating and drinking establishments;
   4. (d)
      Medical Care;
   5. (e)
      Retail;
   6. (f)
      Financial service provided a bank or financial institution shall not be located at the intersection of two streets; and
   7. (g)
      General service.

1. 236.2
   Preferred uses shall be located on the ground-floor and street-oriented.

1. 237.1
   Except as prescribed below, use permissions, including uses permitted as a matter of right, as a special exception, and as an accessory use, and uses not permitted shall be in accordance with the MU-Use Group G of Subtitle U, Chapter 5.

1. 237.2
   Notwithstanding Subtitle K § 237.1, the following additional use restrictions and permissions of this section shall apply in the SEFC-1 zone.

1. 237.3
   Uses subject to special exception review in the MU-Use Group G that are not listed in Subtitle K § 237.4 as being subject to Zoning Commission review and approval, are not permitted within the SEFC-1 zone.

1. 237.4
   Within the SEFC-1 zone, the following buildings, structures, and uses are permitted only if reviewed and approved by the Zoning Commission, in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242:

   1. (a)
      All buildings and structures that have frontage along M Street, S.E. or for which the Zoning Commission considers a request for the additional density or height authorized by Subtitle K §§ 202 or 203; subject also to the applicant proving ding that the architectural design, site plan, landscaping, and sidewalk treatment of the proposed building;

      1. (1)
         Are of superior quality;
      2. (2)
         For buildings on Parcel A, accommodate the design of the public entrance to the Navy Yard Metrorail Station on Parcel A The applicant shall demonstrate proactive engagement with the Washington Metrorail Area Transit Authority (WMATA) in the planning and design of Parcel A as a part of the above design review as set forth below:

         1. (A)
            If the applicant moves forward with the design of Parcel A before WMATA is ready to construct the third entrance the applicant shall demonstrate that it has coordinated with WMATA to determine how to ensure that the design of Parcel A accommodates the planned entrance; and¹
         2. (B)
            If WMATA moves forward with the construction of the third entrance before the applicant is ready to develop Parcel A, the applicant shall demonstrate that it has coordinated with WMATA to integrate the entrance into the design of Parcel A;
      3. (3)
         Ensure the provision of 1½ Street, S.E. and N Street, S.E. as open and uncovered multimodal circulation routes; and
      4. (4)
         Provide three (3) bedroom dwelling units as required pursuant to Subtitle K § 202.1.
   2. (b)
      Automobile rental agency, provided the use has no exterior automobile storage area;
   3. (c)
      Dental lab;
   4. (d)
      Department store;
   5. (e)
      Hotel;
   6. (f)
      International organization;
   7. (g)
      Library;
   8. (h)
      Institution, religious, which may include a parsonage, vicarage, rectory, or Sunday school building, as well as any related programs;
   9. (i)
      Education, private and education, public, including trade school; solid, freestanding wall and/or security gate exceeding a height of four (4) feet, including structural supports;
   10. (j)
       Education, college/university;
   11. (k)
       Entertainment, assembly, and performing arts;
   12. (l)
       Medical care;
   13. (m)
       Automobile, truck, or motorcycle accessory sales, including installation;
   14. (n)
       Gas station; and
   15. (o)
       Temporary parking lot or garage, for a maximum approval period of five (5) years, which may be renewed by the Zoning Commission, as a principal use located at or above grade.

¹ The Office of the Attorney General included this revision to subparagraph (2)(A) to reflect the wording of the provision as it appeared at 11 DCMR § 1803.8(a)(1 of the Zoning Regulations of 1958 as of the date of its repeal and replacement with 11-K DCMR 237.4(a)(2)(A). Subparagraph 1803.8 (a)(1) read:

1. (a)
   Accommodates the design of a public entrance to the Navy Yard Metrorail Station on Parcel A. The applicant shall demonstrate proactive engagement with the Washington Metrorail Area Transit Authority (WMATA) in the planning and design of Parcel A as a part of the above design review as set forth below:

   1. (1)
      If the applicant moves forward with the design of Parcel A before WMATA is ready to construct the third entrance, the applicant shall demonstrate that it has coordinated with WMATA to determine how to ensure that the design of Parcel A accommodates the planned entrance; and …

1. 237.5
   Preferred uses listed in Subtitle K § 236 shall be permitted in accordance with the following criteria:

   1. (a)
      Any building or structure with frontage on M Street, S.E. or N Street, S.E. shall provide preferred uses comprising a minimum of seventy-five percent (75%) of the frontage on M Street, S.E. or N Street, S.E. and a minimum of seventy-five percent (75%) of that portion of the gross floor area of the ground floor within a depth of fifty feet (50 ft.) from the exterior façade of the front of building, not including parking, parking access, mechanical and fire control rooms, and other non-public spaces. This requirement shall not apply to:

      1. (1)
         Buildings directly south of the historic wall along M Street, S.E., between 4^th Street, S.E. and the Washington Navy Yard, for so long as the wall remains; or
      2. (2)
         Any addition to a building with frontage on M Street, S.E. or N Street, S.E. if the addition to such building has no frontage on such streets but, as allowed pursuant to Subtitle K § 237.5(b), preferred uses may be provided on the ground floor level of such buildings;
   2. (b)
      In addition to the preferred uses listed in Subtitle K § 236, the preferred use space requirement of Subtitle K § 237.5(a) may also be met by any use listed in Subtitle K §§ 237.4(a) through (n), if reviewed and approved by the Zoning Commission in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242;
   3. (c)
      In addition to the locations in which preferred uses are required pursuant to Subtitle K § 237.5(a), preferred uses may be provided on the ground floor level of buildings in other areas within the SEFC-1 zone, but are not required. If provided, such preferred use area shall not be required to conform to the requirements of Subtitle K §§ 237.5(a), (f), (g), and (h);
   4. (d)
      For good cause shown, the Zoning Commission may authorize interim occupancy of the preferred use space required under Subtitle K § 237.5(a) by other uses permitted in the SEFC zones for up to a five (5) year period; provided that the ground-floor space is suitably designed for future occupancy by preferred uses;
   5. (e)
      Not less than fifty percent (50%) of the surface area of the street wall, including building entrances, of those building frontages described in Subtitle K § 237.5(a) shall be devoted to doors or display windows having clear or low emissivity glass;
   6. (f)
      Preferred uses shall provide direct, exterior access to the ground level;
   7. (g)
      The minimum floor-to-ceiling height for portions of the ground floor level devoted to preferred uses shall be fourteen feet (14 ft.); and
   8. (h)
      Changes to the type, amount, and location of preferred uses required under Subtitle K § 237.5(a) shall be permitted if reviewed and approved by the Zoning Commission in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242.

1. 238.1
   Except as prescribed below, use permissions, including uses permitted as a matter of right, as a special exception and as an accessory use, and uses not permitted shall be in accordance with the use provisions of the RA-5 zone of Subtitle U, Chapter 4.

1. 238.2
   Notwithstanding Subtitle K § 238.1, the following buildings, structures, and uses are not permitted in the SEFC-2 and SEFC-3 zones:

   1. (a)
      Detached, semi-detached, or rowhouse dwelling;
   2. (b)
      Parking lot or garage as a principal use located on or above grade, except as a temporary use as permitted by special exception in Subtitle K § 238.3.
   3. (c)
      Sanitarium; and
   4. (d)
      Uses subject to special exception review in the RA-5 zone that are not listed in Subtitle K § 238.3 as being subject to Zoning Commission review and approval are not permitted in the SEFC-3 and SEFC-2 zones, unless such uses are permitted as preferred uses pursuant to Subtitle K § 236.

1. 238.3
   Notwithstanding Subtitle K § 238.1, the following buildings, structures, and uses are permitted only if reviewed and approved by the Zoning Commission, in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242:

   1. (a)
      All buildings and structures that abut the SEFC-4 open space area, whether or not a street intervenes but excluding buildings and structures that abut the SEFC-4 development area including existing Building 160 and any additions thereto and any building or structure to be constructed immediately to the east of Building 160 (i.e., north of Water Street, S.E., west of 4^th Street, S.E., east of Third Street, S.E., and south of Tingey Street, S.E.).
   2. (b)
      Uses within the arts, design, and creation; entertainment, assembly, and performing arts; and the lodging use groups, subject to an overall cap within the SEFC-3 and SEFC-2 zones of 1.0 FAR maximum;
   3. (c)
      Medical care;
   4. (d)
      Institutional, religious based, which may include a parsonage, vicarage, rectory, or Sunday school building, as well as any related programs.
   5. (e)
      Private club, lodge, fraternity house, sorority house, or dormitory;
   6. (f)
      Education, private and education, public, including trade school; except a trapeze school as provided in Subtitle K § 238.5;
   7. (g)
      Temporary parking lot or garage, for a maximum approval period of five (5) years, which may be renewed by the Zoning Commission, as a principal use, located at or above grade;
   8. (h)
      Solid, freestanding wall and/or security gate exceeding a height of four feet (4 ft.);
   9. (i)
      Education, college/university; 
   10. (j)
       Daytime care; and
   11. (k)
       Within the SEFC-3 zone only, office uses, including chanceries.

1. 238.4
   Within the SEFC-3 and SEFC-2 zones, "preferred uses" listed in Subtitle K § 236 shall be regulated in accordance with the following criteria:

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

      1. (1)
         Tingey Street, S.E., west of 4^th Street, S.E., and east of 4^th Street, S.E., but in the latter case, only along the southern side of Tingey Street, S.E., for a length of fifty feet (50 ft.) minimum as measured from the west exterior facade of any building or structure constructed on the southeast corner of Tingey Street, S.E. and 4^th Street, S.E., or
      2. (2)
         The SEFC-4 Zones;
   2. (b)
      Where required, preferred uses shall comprise a minimum of seventy-five percent (75%) of the frontage facing Tingey Street, S.E., or the SEFC-4 District, and a minimum of seventy-five percent (75%) of the applicable portion of the gross floor area of the ground floor with a depth of fifty feet (50 ft.) from the exterior facade of the front of the building, not including parking, parking access, mechanical and fire control rooms, and other non-public spaces;
   3. (c)
      The requirement to provide preferred uses shall not apply to any addition to a building facing onto Tingey Street, S.E. or the SEFC-4 zone if the addition to the building has no frontage facing onto Tingey Street, S.E. or the SEFC-4 zone, but, as allowed pursuant to Subtitle K § 238.4(d), preferred uses may be provided on the ground floor level of such addition;
   4. (d)
      For Building 160, notwithstanding the requirements noted above, the total amount of preferred use space shall be a minimum of three thousand square feet (3,000 sq. ft.) of space facing Tingey Street, S.E. and a minimum of six thousand square feet (6,000 sq. ft.) of space facing Water Street, S.E., for a total of at least nine thousand square feet (9,000 sq. ft.);
   5. (e)
      In addition to the locations in which preferred uses are required pursuant to Subtitle K § 238.4(a), preferred uses may be provided on the ground floor level of buildings or structures in other areas within the SEFC-3 and SEFC-2 zones, but are not required. If provided, such preferred use area shall not be required to conform to the requirements of Subtitle K § 238.4(a), (g), (h), and (i). If the bonus density authorized pursuant to Subtitle K § 238.4(e), is used to provide non-required preferred uses, the preferred use area must be dedicated to preferred uses for the life of the building;
   6. (f)
      The density associated with preferred uses shall be in addition to otherwise permitted density, and shall not exceed 0.5 FAR;
   7. (g)
      For good cause shown, the Zoning Commission may authorize interim occupancy of the preferred use space required under Subtitle K § 238.4(a) by other uses permitted in the RA-5 zones for up to a five (5) year period; provided that the ground floor space is suitably designed for future occupancy by preferred uses;
   8. (h)
      Not less than fifty percent (50%) of the surface area of the street wall, including building entrances, of those building frontages dedicated to preferred uses described in Subtitle K § 238.4 shall be devoted to doors or display windows having clear or low emissivity glass;
   9. (i)
      Preferred uses shall provide direct, exterior access to the ground level; and
   10. (j)
       The minimum floor-to-ceiling height for portions of the ground floor level devoted to preferred uses shall be fourteen feet (14 ft.).

1. 238.5
   A trapeze school and aerial performing arts center may be established and continued as a matter of right in Parcel O until December 31, 2015, during which time no parking shall be required.

1. 238.6
   The continuation of the trapeze school and aerial performing arts center use after December 31, 2015 shall require approval by the Zoning Commission in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242, and shall include a determination as to whether and what amount of parking should be required.

1. 239.1
   Within the SEFC-4 development area, use permissions, including uses permitted as a matter of right, as a special exception, and as an accessory use, and uses not permitted shall be in accordance with the provisions of MU-Use Group B, as prescribed in Subtitle U §§ 505 and 506. In addition, the following uses shall be permitted if reviewed and approved by the Zoning Commission in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242:

   1. (a)
      Education; 
   2. (b)
      Institutional; and 
   3. (c)
      Eating and drinking establishments.  

1. 239.2
   Within the SEFC-4 open space area, only the following uses shall be permitted as a matter of right:

   1. (a)
      Boat construction on an occasional basis by a local community organization;
   2. (b)
      Community garden operated by a local community organization or District government agency;
   3. (c)
      Publicly-accessible park or open space, playground, or athletic field, including pedestrian and bicycle trails, necessary support facilities, and fitness circuits;
   4. (d)
      Public nature education or interpretive center including a boat dock; and
   5. (e)
      Seasonal or occasional market for produce, arts, and crafts, with non-permanent structures.

1. 239.3
   Within the SEFC-4 open space area, the following buildings, structures, and uses are permitted only if reviewed and approved by the Zoning Commission in accordance with the standards specified in Subtitle K § 241 and procedures specified in Subtitle K § 242:

   1. (a)
      Boat launching facility, dock, wharf, or pier for use by the general public;
   2. (b)
      Boat rental facility for non-motorized water vessels;
   3. (c)
      Cruise line operation, including necessary associated dock and land facilities;
   4. (d)
      Solid, freestanding wall and/or security gate exceeding a height of four feet (4 ft.), not including structural supports;
   5. (e)
      Marina, not including floating homes;
   6. (f)
      Public food concession stand(s)/kiosk(s) which may serve alcoholic drinks, to a maximum gross of three thousand square feet (3,000 sq. ft.);
   7. (g)
      Water taxi and related facilities, including information/ticket booth and passenger shelter; and
   8. (h)
      Other publicly-accessible maritime uses normally requiring direct access to the water.

1. 239.4
   The minimum floor-to-ceiling height for the ground floor level of buildings shall be fourteen feet (14 ft.).

1. 239.5
   All proposed structures in the SEFC-4 zone, or any proposed exterior renovation to any existing buildings or structures in the SEFC-4 zone that would result in an alteration of the exterior design, shall be subject to review and approval by the Zoning Commission, in accordance with the standards set forth in Subtitle K § 241 and procedures set forth in Subtitle K § 242.

1. 241.1
   In addition to proving that the proposed uses, buildings, or structures meet the standards set forth in Subtitle X, the applicant for Zoning Commission approval of a use or structure within a SEFC zone shall further demonstrate conformance to the following standards:

   1. (a)
      The use, building, or structure will help achieve the goals and objectives of the SEFC zone as set forth in Subtitle K §§ 200.2 through 200.7, as applicable;
   2. (b)
      The proposed building or structure shall be designed with a height, bulk, and siting that provide for openness of view and vistas to and from the waterfront and, where feasible, shall maintain views of federal monumental buildings, particularly along the New Jersey Avenue, S.E. corridor; and
   3. (c)
      On or above-grade parking adjacent to, or visible from, the street shall be limited. Where parking cannot be placed underground, other uses such as retail or residential shall separate parking areas from the street, or where this is not possible, green landscaping or architectural treatment of façade shall adequately screen parking from the street and adjacent development.

1. 241.2
   In evaluating the application, the Zoning Commission also may consider:

   1. (a)
      Compatibility with buildings in the surrounding area through overall massing, siting, details, and landscaping;
   2. (b)
      Use of high standards of environmental design that promote the achievement of sustainable development goals;
   3. (c)
      Façade articulation that minimizes or eliminates the visibility of unarticulated blank walls from public spaces;
   4. (d)
      Landscaping which complements the building;
   5. (e)
      For buildings that include preferred uses in accordance with Subtitle K §§ 237 or 238, the Zoning Commission may consider the balance and location of preferred uses;
   6. (f)
      In connection with its review pursuant to Subtitle K § 238.3, the Zoning Commission may consider the effect of the proposed use on the predominantly residential character of the SEFC-2 and/or SEFC-3 zones;
   7. (g)
      For development within or adjacent to the SEFC-4 zone, the Zoning Commission may consider whether the project is consistent with the following goals:

      1. (1)
         Providing a wide variety of active and passive recreational uses;
      2. (2)
         Encouraging uses that open to, overlook, and benefit the waterfront park; and
      3. (3)
         Utilizing siting and design of buildings and uses to improve the natural ecology, to illustrate the importance of natural systems, and/or to interpret the historically important maritime context of the site; and
   8. (h)
      For development on Parcel E, the Zoning Commission may consider the impact of the proposed development on the Navy Yard, including the report and recommendations of the United States Navy made pursuant to Subtitle K § 242.3.

1. 242.1
   At the time the Zoning Commission is considering an application for approval authorized by this chapter, the Commission may hear and decide any additional requests for zoning relief needed for the subject property.

1. 242.2
   At the time of filing an application with the Zoning Commission, the applicant shall pay the filing fee specified in Subtitle Z, Chapter 16 plus such fees as apply to any additional zoning relief requested.

1. 242.3
   At the time of filing an application with the Zoning Commission for design review of development located on Parcel E, any such application shall be referred by the Office of Zoning to the United States Navy for review and report, and shall specifically request an assessment of the impact of the proposed development on the security and operations of the Washington Navy Yard, as well as recommendations for specific measures to be applied to the development and operation of the proposed project that is the subject of the application.

1. 300.1
   The purposes of the USN zone are to:

   1. (a)
      Implement the Comprehensive Plan by ensuring that development of the air rights is not inconsistent with the goals and policies of the Comprehensive Plan including:

      1. (1)
         Creation of a catalytic development that would provide an active streetscape connection between neighborhoods west of the railroad tracks and east of the railroad tracks;
      2. (2)
         Infill of an underutilized property near a multi-modal transportation hub with the provision of a mix of high density commercial and residential uses; and
      3. (3)
         Preservation and enhancement of Union Station, and general economic development of the North of Massachusetts Avenue (NoMa) area and the District of Columbia;
   2. (b)
      Reconnect the District of Columbia by creating an urban fabric that will reconnect the H Street commercial corridor to the east, North Capitol Street to the west, NoMa to the north and west, and Union Station to the south;
   3. (c)
      Provide a suitable visual relationship to surroundings by ensuring the provision of exemplary architecture for any building in the USN zone, and encouraging upper story setbacks and minimized penthouses and rooftop structure; 
   4. (d)
      Improve the character of H Street by establishing H Street, N.E., between 1^st and 2^nd Streets, N.E., as an attractive, active, pedestrian-oriented street with active ground floor uses and a varied façade;
   5. (e)
      Utilize transportation infrastructure by facilitating development that would take advantage of Union Station’s unique combination of local, regional and national investment in pedestrian, bicycle, rail transit, bus transit, and intercity rail infrastructure, and ensuring that development complements and allows the expansion and enhancement of the transportation infrastructure;
   6. (f)
      Establish a mix of uses throughout the USN zone including residential and retail, as well as office, hotel, and other permitted uses; and
   7. (g)
      Create a walkable environment by requiring suitable ground floor uses, appropriate building design and appropriate site layout, including wide sidewalks.

1. 300.2
   The USN zone is created to implement the Comprehensive Plan and other public policy goals and objectives.

1. 300.3
   The USN zone recognizes the unique characteristics and development constraints of the site and provides for appropriate, site specific methods for the measurement of height and density.

1. 300.4
   The USN zone shall constitute the Zoning Regulations for the geographic area referred to in Subtitle W § 119.1. Where there are conflicts between this chapter and other chapters or subtitles of this title, the provisions of the USN Zone shall govern.

1. 300.5
   When used in this chapter, the term “transportation way” means any piece of infrastructure, the intent of which is to convey people or goods from one (1) place to another. Examples include, but are not limited to, sidewalks, stairs, elevators, fixed guideways for transit, and streets. Transportation ways may be either on, above or below ground, and may be either publicly or privately-owned. Transportation ways do not include internal components of any portion of a building.

1. 300.6
   The land and the volume of space below the air rights lots shall not be zoned USN. Development will occur on top of a structural platform that will span the railroad tracks underneath.

1. 300.7
   The USN zone shall not be applied to any lot located on the ground or any air rights lot outside of the boundaries described in Subtitle W § 119.1.

1. 301.1
   Inclusionary zoning requirements for the USN zone are as specified in Subtitle C, Chapter 10.

1. 303.1
   The buildings to be erected within the USN zone will be supported by two (2) platforms erected above the existing railroad tracks and separated by H Street, N.E. (the platform or platforms).

1. 303.2
   The platforms will be generally horizontal structures that provide support for the new surface area, above the railroad tracks, on which development will be built.

1. 303.3
   In addition to providing structural support, the platforms may house mechanical equipment, parking and loading areas, and non-residential, residential, retail, and arts uses permitted by Subtitle K § 313, as well as utilities and rail-related uses.

1. 303.4
   Structures below the grade of the railroad tracks and generally vertical, above-grade columns and structures will support the Platforms (collectively foundation systems). The term “platform” or “platforms”, when used in this chapter, does not include foundation systems or any station and rail-related functions or facilities that are constructed below the platforms on the subjacent lots.

1. 303.5
   Although portions of a platform may extend below the volume of an air rights lot, any provision of this chapter pertaining to the platform shall apply to the entire platform.

1. 304.1
   For the purposes of the USN zone, each platform and all improvements constructed thereon are deemed to comprise a single building.

1. 304.2
   Any part of a single building that is not connected to any other part of the same single building, other than through the structure of the platform, will be hereinafter referred to as a building unit.

1. 305.1
   The maximum permitted building height, not including the penthouse or rooftop structure, shall not exceed one hundred thirty feet (130 ft.), except that: 

   1. (a)
      The maximum permitted building height, not including the penthouse or rooftop structure, of any portion of a building or structure that is both north of the centerline of Eye Street and east of a north-south line located two hundred feet (200 ft.) west of the eastern boundary of Lot 7002 in Square 717 shall not exceed ninety feet (90 ft.);
   2. (b)
      Within the area defined in Subtitle K § 305.1(a), a building height of greater than ninety feet (90 ft.) and no more than one hundred ten feet (110 ft.) shall be permitted if reviewed and approved by the Zoning Commission pursuant to the procedures set forth in Subtitle K §§ 315 and 317, and subject to the following:

      1. (1)
         The Zoning Commission will make a preliminary decision whether to approve the additional height as part of its Stage 1 review;
      2. (2)
         The preliminary approval will become final unless modified or disapproved during the Stage 2 review;
      3. (3)
         In making its decision, the Zoning Commission shall consider the design review criteria set forth in Subtitle K §§ 323.1(b), 323.1(d), 323.1(g), 325.1(b), and 325.1(h);
      4. (4)
         The Zoning Commission must find that the building unit or units located within the defined area exhibit exceptional architectural quality; and
      5. (5)
         The Zoning Commission may require upper story setbacks or other design modifications that it deems necessary;
   3. (c)
      The maximum permitted building height, not including the penthouse or rooftop structure, of any portion of a building or structure that is both north of the southern property line of Lot 7000 in Square 720 and south of a parallel line one hundred fifty feet (150 ft.) from the southern property line (as that area is depicted in Figure K § 305.1) shall not exceed ninety feet (90 ft.);
   4. (d)
      Within the area defined in Subtitle K § 305.1(c), a building height of greater than ninety feet (90 ft.) and no more than one hundred ten feet (110 ft.) shall be permitted if reviewed and approved by the Zoning Commission pursuant to the procedures set forth in Subtitle K §§ 315 and 317, and subject to the criteria of Subtitle K §§ 305.1(b)(1) through 305.1(b)(5);
   5. (e)
      The maximum permitted building height, not including the penthouse or rooftop structure, of any portion of a building or structure that is both north of a line parallel to and one hundred fifty feet (150 ft.) from the southern property line of Lot 7000 in Square 720 and south of a parallel line three hundred feet (300 ft.) from the southern property line (as that area is depicted in Figure K § 305.1) shall not exceed one hundred ten feet (110 ft.); and
   6. (f)
      Within the area defined in Subtitle K § 305.1(e), a building height of greater than one hundred ten feet (110 ft.) and no more than one hundred thirty feet (130 ft.) shall be permitted if reviewed and approved by the Zoning Commission pursuant to the procedures set forth in Subtitle K §§ 315 and 317, and subject to the criteria of Subtitle K §§ 305.1(b)(1) through 305.1(b)(5).

FIGURE K § 305.1

1. 305.2
   The measurement of building height shall be taken from the elevation of the sidewalk on H Street at the middle of the front of the building, to the highest point of the roof or parapet rather than from grade as would otherwise be required by Subtitle B § 307.1.

1. 305.3
   The matter-of-right height permitted in Subtitle K § 305.1 shall serve as the maximum permitted height for a planned unit development (PUD).

1. 306.1
   Penthouses or rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15, and the height and story limitations specified in Subtitle K § 306.2.  

1. 306.2
   The maximum permitted height of a penthouse or rooftop structure shall be twenty feet (20 ft.), and the maximum number of stories within the penthouse or rooftop structure shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.  

1. 307.1
   The maximum density for any single building in the USN zone shall be 6.5 FAR, which shall be computed in accordance with Subtitle K § 309.

1. 308.1
   The maximum non-residential FAR for the entire USN zone is 5.5.

1. 308.2
   Until a 0.5 FAR of residential uses have been developed within the entire USN Zone, as evidenced by a certificate or certificates of occupancy for residential uses, no certificate of occupancy for non-residential uses may be issued that would result in a non-residential FAR for the entire USN zone of greater than 3.0.

1. 308.3
   Until 1.0 FAR of residential uses have been developed within the entire USN zone, as evidenced by a certificate or certificates of occupancy for residential uses, no certificate of occupancy for non-residential uses may be issued that would result in a non-residential FAR for the entire USN zone of greater than 4.0.

1. 308.4
   The minimum residential FAR may be apportioned between the single building north of H Street and the single building south of H Street, provided that the aggregate residential floor area is not decreased.

1. 308.5
   The minimum residential density shall not include the density dedicated to residential parking located above the level of the platform.

1. 309.1
   Computation of the maximum gross floor area for each building shall be determined by multiplying six and one-half (6.5) by the area of a single building’s lot, subject to the exclusions identified in Subtitle K § 309.5.

1. 309.2
   Computation of the maximum non-residential gross floor area for the entire USN zone shall be determined by multiplying three (3.0), four (4.0), or five and one-half (5.5), as applicable, by the combined areas of each single building’s lot, subject to the exclusions identified in Subtitle K § 309.5.

1. 309.3
   The lot of the single building north of H Street consists of the area within lots 7001 and 7002 in Square 717.

1. 309.4
   The lot of the single building south of H Street consists of the area within lots 7000 and 7001 in Square 720.

1. 309.5
   Lot area shall not include private rights-of-way that generally serve the principal entrances to building units, including the fourteen foot (14 ft.) minimum sidewalk width required by Subtitle K § 321.1(d).

1. 309.6
   Notwithstanding Subtitle K § 309.5, lot area shall include private rights-of-way that generally provide access to service, loading or automobile parking areas, as well as sidewalk area beyond the fourteen foot (14 ft.) minimum width required by Subtitle K § 321.1(d).

1. 309.7
   The term “gross floor area” has the same meaning as in Subtitle B, Chapter 1, except that the term only applies to the area of all enclosed structures above the top of the platforms.

1. 309.8
   The matter-of-right density permitted in Subtitle K §§ 307 and 308 shall serve as the maximum permitted density for a PUD.

1. 310.1
   Bicycle parking spaces shall be provided at a minimum as follows:

1. 310.2
   All bicycle parking spaces shall be well lit and provide convenient access to the uses they are intended to serve.

1. 310.3
   Outdoor spaces may be provided in public space subject to the approval of the District Department of Transportation (DDOT).

1. 310.4
   All required bicycle parking spaces shall be a minimum of two feet (2 ft.) in width and six feet (6 ft.) in length.

1. 310.5
   An aisle five feet (5 ft.) in width shall be provided between rows of bicycle parking spaces and the perimeter of the area devoted to bicycle parking.

1. 310.6
   If a room or common locker not divided into individual spaces is used to meet these requirements, twelve square feet (12 sq. ft.) of floor area shall be considered the equivalent of one (1) bicycle parking space. Where manufactured metal lockers or racks are provided, each locker or stall devoted to bicycle parking shall be counted as one (1) bicycle parking space.

1. 310.7
   Signs shall be posted stating where bicycle parking spaces are located in each building or structure where bicycle parking spaces are required. The signs shall be located in a prominent place at each entrance to the building or structure. The sign shall have a white background with black lettering that is no less than two inches (2 in.) in height.

1. 311.1
   The provisions of Subtitle C, Chapter 7 do not apply to the USN zone.

1. 311.2
   There shall be no minimum number of automobile parking spaces required in the USN zone.

1. 311.3
   No lease or purchase agreement for a dwelling unit may include within its terms the sale or lease of an automobile parking space.

1. 311.4
   Automobile parking spaces need not be located on the same lot with the building or building unit they are intended to serve, but must be located on a lot within the USN zone.

1. 312.1
   Loading shall be provided as required in Subtitle C, Chapter 9.

1. 312.2
   The Zoning Commission may, as a special exception, permit the reduction, elimination, relocation, or consolidation of loading facilities, provided that the applicant demonstrates that:

   1. (a)
      The proposed number of loading facilities will be adequate to serve the related uses;
   2. (b)
      The loading facilities are designed such that loading and unloading of service vehicles would be accomplished without the need to move goods and materials across public areas;
   3. (c)
      The proposed loading facilities would not tend to affect adversely other modes of transportation using the adjacent public or private transportation way;
   4. (d)
      The proposed loading facilities would not tend to affect adjacent properties
   5. (e)
      The Zoning Commission may impose conditions as to screening, lighting, coping, setbacks, fences, location of entrances and exits, widening of abutting transportation ways, or any other requirement it deems necessary to protect the adjacent property and the safety and function of other modes of travel.

1. 313.1
   Use permissions, including uses permitted as a matter of right, as a special exception, and as an accessory use, and uses not permitted shall be in accordance with the MU-Use Group F of Subtitle U, Chapter 5 and Arts uses of Subtitle U, Chapter 7.

1. 314.1
   One hundred percent (100%) of the ground floor H Street frontage of building units, except for space devoted to building entrances or lobbies, space required to be devoted to fire control, or space dedicated to transit or rail entrances or passenger circulation, shall be occupied by uses from the following use categories:

   1. (a)
      Arts, design, and creation;
   2. (b)
      Entertainment, assembly, and performing arts;
   3. (c)
      Eating and drinking establishments;
   4. (d)
      Retail;
   5. (e)
      Service, general; and
   6. (f)
      Any arts use listed in Subtitle U, Chapter 7, other than the uses listed in Subtitle U § 700.1(g), the design use category.

1. 314.2
   Uses in the category service, financial may meet the requirement of Subtitle K § 314.1, subject to the following limitations:

   1. (a)
      Service, financial uses shall occupy no more than one hundred (100) total linear feet of ground floor H Street frontage; and
   2. (b)
      Service, financial uses shall occupy no more than fifty feet (50 ft.) of ground floor H Street frontage in any one (1) building unit.

1. 314.3
   No single commercial occupancy shall occupy more than one hundred (100) total linear feet of ground floor H Street frontage.

1. 314.4
   The entire ground floor of all building units shall have a minimum slab to slab height of fourteen feet (14 ft.), except for those spaces within the ground floor of any building unit devoted to the following uses: mechanical, electrical, and plumbing; storage; fire control; loading; retail corridors; and service corridors.

1. 315.1
   Due to the unique nature of the USN zone, all proposed buildings, structures, or any proposed exterior renovation to any existing buildings or structures that would result in an alteration of the exterior design, as well as any associated open spaces such as parks or plazas, shall be subject to review and approval by the Zoning Commission in accordance with the following provisions. No review or approval by the Zoning Commission is required for construction of foundation systems within the USN zone.

1. 315.2
   Subtitle K §§ 316 and 317 describe the following types of Zoning Commission reviews:

   1. (a)
      Master plan;
   2. (b)
      Stage 1;
   3. (c)
      Stage 2; and
   4. (d)
      Consolidated.

1. 315.3
   Any application must be signed by the owner of the subject air rights lot, but need not be signed by the owner of the subjacent lots, even if a portion of the platform extends into the air space below the level of the air rights lot.

1. 316.1
   Prior to or together with either the first-stage 1 or the first consolidated application submitted pursuant to this chapter, the applicant shall submit for review and approval by the Zoning Commission a master plan for the entire USN zone.

1. 316.2
   A master plan review will examine, for the entire USN zone, the dimensions and locations of transportation ways and the general locations of open spaces and building sites, in accordance with the review criteria of Subtitle K § 321.

1. 316.3
   A master plan shall be determined by the Zoning Commission to be not inconsistent with the Comprehensive Plan, to generally further the purposes of the USN zone and to be acceptable in all the review criteria of Subtitle § K 321.

1. 316.4
   An approved master plan may be modified through application to the Zoning Commission, and the application for modification shall be subject to the same approval criteria as set forth in Subtitle K § 316.3.

1. 316.5
   An applicant must return to the Zoning Commission for review and approval of stage 1 and stage 2 applications or a consolidated application prior to applying for a building permit or beginning construction of any portion of the approved master plan application.

1. 317.1
   A stage 1 or stage 2 application may request review and approval of one (1) or more building units, structures or open spaces, or of one (1) or two (2) buildings.

1. 317.2
   An applicant may request consideration of the stage 1 or stage 2 applications individually or through a consolidated review.

1. 317.3
   A stage 1 review will examine the specific arrangement of building units on the site, the specific location of open spaces, the massing and height of building units, the mix of uses, access to structures, the location of transportation ways, and access to and from the platforms, in accordance with the review criteria of Subtitle K § 323.

1. 317.4
   A stage 2 review will examine the outward appearance of building units, the design of landscape and hardscape, the functionality of transportation ways, and the general location of uses, in accordance with the review criteria of Subtitle K § 325.

1. 317.5
   A consolidated review will examine all the aspects of design mentioned in Subtitle K §§ 317.3 and 317.4, in accordance with the review criteria of Subtitle K §§ 323 and 325. An application for consolidated review shall include all submittal requirements listed in Subtitle K §§ 322 and 324.

1. 317.6
   A stage 1, stage 2, or consolidated application shall be determined by the Zoning Commission to be not inconsistent with the Comprehensive Plan, not inconsistent with the approved master plan, to provide for a mix of uses, to be acceptable in all other applicable review criteria as set forth in Subtitle K §§ 323 and 325, to generally further the purposes of the USN zone, and to comply with all other requirements of this chapter.

1. 317.7
   An approved stage 1, stage 2, or consolidated application may be modified through application to the Commission, and the application for modification shall be subject to the same approval criteria as set forth in Subtitle K § 317.6.

1. 317.8
   Upon the effective date of the Zoning Commission order granting approval of a stage 1 application, the applicant may apply for a building permit to construct any portion of the platforms related to that stage 1 application.

1. 317.9
   An applicant must return to the Zoning Commission for review and approval of a stage 2 application prior to applying for a building permit or beginning construction for any other portion of the approved stage 1 review application.

1. 318.1
   The affected ANC shall be granted party status to any application submitted pursuant to this chapter, and may participate in the public hearing for the application pursuant to Subtitle Z.

1. 319.1
   The Office of Zoning shall refer the application to the Office of Planning, the District Department of Transportation, Fire and Emergency Services, the District Department of Energy and Environment, and any other relevant District agencies for review and comment.

1. 320.1
   An applicant requesting approval of a master plan application shall provide:

   1. (a)
      A written description of the proposal, including a description of how the master plan review criteria are met; and
   2. (b)
      A plan or plans encompassing the entire USN zone and showing:

      1. (1)
         The location and dimensions of private rights-of-way and alleys;
      2. (2)
         The lot areas to be used for FAR calculations, both for the entire USN zone as well as the north and south buildings, pursuant to Subtitle K § 309;
      3. (3)
         The general locations of plazas, parks, or other open spaces;
      4. (4)
         The general locations of sites for future building units; and
      5. (5)
         Any other information needed to understand the project.

1. 321.1
   The following criteria are applicable to master plan applications:

   1. (a)
      Internal Connectivity – Internal connections shall result in a form of development that generally reflects the grid pattern of the District and that avoids the creation of excessively large building blocks. Internal connections shall be provided through a combination of private rights-of-way, sidewalks, paths, plazas, and parks, with a main multi-modal access point to both buildings from H Street, N.E.;
   2. (b)
      External Connectivity – The master plan shall provide the opportunity for pedestrian connections in appropriate and feasible locations to surrounding development and surrounding neighborhoods including Union Station, NoMa west of the railroad tracks, and northern Capitol Hill;
   3. (c)
      Private Rights-of-Way Width – To facilitate pedestrian and bicycle movement, the curb-to-curb width of private rights-of-way shall not be excessively large;
   4. (d)
      Sidewalk Width – The width of sidewalks along private rights-of-way that generally serve the principal entrances to building units shall not be less than fourteen feet (14 ft.); and
   5. (e)
      Community Outreach – The application shall demonstrate that community outreach has occurred through participation in multiple venues and through multiple formats, including the affected ANC, and which could include but not be limited to meetings with the community, an informational website, emails, or mailed flyers.

1. 322.1
   An applicant requesting approval of a stage 1 review application shall provide:

   1. (a)
      A written description of the proposal, including a description of how the applicable review criteria are met;
   2. (b)
      Site plans, elevations, renderings, photographic simulations, aerial axonometric massing diagrams, or any other suitable materials necessary to describe the project;
   3. (c)
      For any building unit located south of H Street, N.E., ground-level view studies from multiple vantage points showing the relationship between the proposed building unit and Union Station;
   4. (d)
      A circulation plan, including the location of all transportation ways, off-street parking spaces and loading berths, including an indication of which spaces are designated for which use, and a reasonable numerical range of the number of parking spaces to be provided. The circulation plan shall show how the design facilitates north-south bicycle movement through the site and to areas outside the site, including the Metropolitan Branch Trail;
   5. (e)
      The area and dimensions of the application site;
   6. (f)
      The gross floor area and floor area ratio for each building unit, including a break-down for each use, and the total gross floor area and floor area ratio for the building, including a breakdown for each use;
   7. (g)
      A comprehensive transportation assessment for the development under consideration, addressing pedestrian, bicycle, transit, and automobile capacity and circulation;
   8. (h)
      Estimated quantities of potable water required by the project, and of sanitary sewage and storm water to be generated, including the methods of calculating those quantities; and
   9. (i)
      Any other information needed to understand the project.

1. 323.1
   The following criteria are applicable to stage 1 applications:

   1. (a)
      External Connectivity – The development shall provide pedestrian connections in appropriate and feasible locations to surrounding development and surrounding neighborhoods including Union Station, NoMa west of the railroad tracks, and northern Capitol Hill. The application shall indicate the location of all such proposed connections. Connections are especially encouraged near the intersection of 1^st and K Streets, N.E., 2^nd and K Streets, N.E., and 2^nd and Eye Streets, N.E.;
   2. (b)
      Building Unit Heights and Visual Relationship to Surroundings – A suitable height for each building unit and appropriate massing relationship between proposed building units and adjacent neighborhoods, Union Station and other historic landmarks, and the Federal precincts near the Capitol and the Supreme Court shall be provided, with particular attention paid to the eastern portion of the property north of Eye Street, N.E. The application shall also generally indicate what types of materials would be used on the portions of the exterior of the platforms constructed pursuant to Subtitle K § 317.8 that would be visible to the public;
   3. (c)
      Transportation Hierarchy – The movement of pedestrians, bikes and transit shall be prioritized, and provide reasonable accommodation for automobiles. The location of parking and loading access shall not unduly impact the movement of pedestrians and bicyclists;
   4. (d)
      Division of Building Form – Monolithic buildings or the creation of excessively large building blocks shall be avoided. Building unit massing and orientation should reflect the pattern of other development in the District of Columbia;
   5. (e)
      Publicly Accessible Space – Any public space provided such as streets, parks or plazas shall be easily visible and publicly accessible;
   6. (f)
      Mix of Uses – The application shall demonstrate how the proposal contributes to an overall mix of uses in the USN zone;
   7. (g)
      Impacts on Surroundings – The proposed development shall not tend to substantially affect nearby properties adversely due to obstruction of light or air or because of noise, odors, or other impacts on air quality, including exhaust from trains. The development shall incorporate sufficient venting mechanisms for railroad uses below the site;
   8. (h)
      Building Livability – The vibration and noise caused by the movement of trains under residential buildings shall be mitigated; and
   9. (i)
      Community Outreach – The application shall demonstrate that community outreach has occurred through participation in multiple venues and through multiple formats, including the affected ANC, and which could include but not be limited to meetings with the community, an informational website, emails, or mailed flyers.

1. 324.1
   An applicant requesting approval of a stage 2 review application shall provide:

   1. (a)
      Information required in Subtitle K §§ 322.1(a) through (f);
   2. (b)
      Elevations, detail drawings, renderings, or other graphics that clearly demonstrate the proposed architectural details, signage, materials to be used, and the lighting scheme for the building units;
   3. (c)
      Typical floor plans and sections that show the location of uses, access to uses, points of fenestration, general internal circulation, projections and any other feature necessary to understand the project, and a table showing the floor area of each use;
   4. (d)
      A detailed landscaping plan;
   5. (e)
      A list of environmental features and characteristics of the development; and
   6. (f)
      Any other information needed to understand the overall architectural character of the project.

1. 325.1
   The following criteria are applicable to stage 2 applications:

   1. (a)
      External Connectivity – External connections shall provide adequate size, materials, lighting and signage to move users easily and safely;
   2. (b)
      Visual Relationship to Surroundings – A suitable visual relationship between building units and adjacent neighborhoods, Union Station and other historic landmarks, and the Federal precincts near the Capitol and the Supreme Court shall be provided, with particular attention paid to the eastern portion of the property north of Eye Street, N.E.;
   3. (c)
      Active Entrances to Building Units – Public and publicly accessible areas such as sidewalks, parks, and plazas shall be activated through the use of operational entrances to retail, office, residential, and other uses;
   4. (d)
      Visual Façade Permeability – Where there are no operational entrances to uses, design of structures fronting on public and publicly accessible areas shall incorporate windows. Or, where windows are not appropriate, unarticulated blank walls shall be minimized to the extent possible;
   5. (e)
      Environmental Stewardship – A high degree of environmental stewardship shall be demonstrated. Characteristics may include, but not be limited to, the following:

      1. (1)
         Onsite energy generation;
      2. (2)
         Rainwater harvesting;
      3. (3)
         Green roofs, including green spaces on the upper surface of the platforms;
      4. (4)
         Other landscaping on the upper surface of the platforms such as rainwater capturing tree boxes;
      5. (5)
         Use of native species, drought-tolerant species, adequate planting depth, and efficient irrigation in landscaping;
      6. (6)
         Use of efficient plumbing fixtures and fittings, enhanced insulation, and cool roofing;
      7. (7)
         Use of environmentally friendly products in construction and operation;
      8. (8)
         Natural lighting, including large windows, light wells, skylights, and daylight penetration to railroad facilities below the platforms;
      9. (9)
         Natural ventilation, including balconies, terraces, operable windows, and vent shafts;
      10. (10)
          Minimizing construction waste; or
      11. (11)
          Facilitation of transit usage by allowing and/or constructing improved access to transit facilities and interconnections between transit modes;
   6. (f)
      Private Open Space – Residential uses shall incorporate private open space such as balconies and terraces for individual units where practical and architecturally compatible;
   7. (g)
      Design of Open Spaces – Public and private open spaces shall incorporate shaded areas and adequate seating capacity;
   8. (h)
      Light and Air – Adequate light and air shall be provided to all building units in the USN zone;
   9. (i)
      Parking Access – Convenient access shall be provided from any parking provided to the uses it is intended to serve; and
   10. (j)
       Community Outreach – The application shall demonstrate that community outreach has occurred through participation in multiple venues and through multiple formats, including the affected ANC, and which could include but not be limited to meetings with the community, an informational website, emails, or mailed flyers.

1. 326.1
   Relief from any section of this chapter may be heard and decided by the Zoning Commission as a special exception in accordance with Subtitle X, Chapter 9. The applicant shall also demonstrate that the purposes of the USN Zone would be met if the relief were granted.

1. 326.2
   An applicant requesting approval of a project that would result in nonconformity with the minimum residential or maximum non-residential FAR for the USN zone, as established by Subtitle K § 308, shall demonstrate how the proposal would not be inconsistent with the purpose of establishing a mix of uses.

1. 326.3
   The Zoning Commission may hear and decide any additional request for special exception or variance relief from any other provision of the Zoning Regulations for the subject property.

1. 326.4
   Request for relief shall be advertised, heard, and decided together with the application for Zoning Commission review and approval.

1. 327.1
   The Zoning Commission may approve timeframes within which time an application must be filed for a building permit or a stage 2 application must be filed.

1. 328.1
   The Zoning Administrator shall have authority to approve minor modifications in the final plans approved by the Zoning Commission as set forth in Subtitle A § 304.4.

1. 400.1
   The purposes of the Hill East (HE) zones (HE-1 through HE-4) are to:

   1. (a)
      Connect and integrate Reservation 13 with adjacent neighborhoods, and the new waterfront park along the Anacostia River;
   2. (b)
      Utilize the site to meet a diversity of public needs, including health care, education, employment, government services and administration, retail, recreation, and housing;
   3. (c)
      Extend the existing pattern of local streets to and through the site to create simple, well-organized city blocks and appropriately scaled development;
   4. (d)
      Maintain a human-scale of building heights that match existing neighborhood buildings and increase in height as the site slopes downward to the Anacostia waterfront;
   5. (e)
      Connect the Hill East neighborhood and the city at large to the waterfront via tree-lined public streets, recreational trails, and increased access to waterfront parklands;
   6. (f)
      Demonstrate environmental stewardship through environmentally-sensitive design, ample open spaces, and a waterfront park that serve as public amenities and benefit the neighborhood and the city;
   7. (g)
      Promote the use of mass transit by introducing new uses near Metro stations, and create an environment where the pedestrian, bicycle, and auto are all welcome, complementary, and unobtrusive, reducing the impact of traffic on adjacent neighborhood streets;
   8. (h)
      Limit the Central Detention Facility and the Correction Treatment Facility to areas south of Massachusetts Avenue; and
   9. (i)
      Create attractive “places” of unique and complementary character including:

      1. (1)
         A new, vital neighborhood center around the Metro station at C and 19^th Streets that serves the unmet neighborhood commercial needs of the community and extends to the waterfront with a new residential district;
      2. (2)
         Massachusetts Avenue as a grand Washington ‘boulevard’ in the tradition of the L’Enfant plan;
      3. (3)
         A district for city-wide uses and services, such as health care, education, and recreation along Independence Avenue; and
      4. (4)
         A grand public waterfront park incorporating monumental places and quiet natural retreats accessed by a meandering park drive set back from the Anacostia River.

1. 400.2
   The HE zones shall constitute the Zoning Regulations for the geographic area referred to in Subtitle K §§ 400.7 and 400.8. Where there are conflicts between this chapter and other parts of the Zoning Regulations, the provisions of this chapter shall govern.

1. 400.3
   Unless specifically exempted, the requirements of the HE zones shall apply to all new buildings and to all other buildings where any additions, alterations, or repairs within any twelve (12) month period exceed one hundred percent (100%) of the assessed value of the building as set forth in the records of the Office of Tax and Revenue as of the date of a building permit application, provided:

   1. (a)
      The cost basis for alterations or additions to an existing building shall be the amount indicated by the applicant on the application for a building permit; and
   2. (b)
      In the case of an addition, the requirements and incentives of this chapter apply only to the addition.

1. 400.4
   Any reference to a street shall be deemed to include a reference to the Southeast (S.E.) quadrant.

1. 400.5
   For the purposes of this chapter, the terms:

   1. (a)
      “Primary street” shall mean Independence Avenue, Massachusetts Avenue, and Water Street; and

FIGURE K § 400.5(a):  Primary Street Frontages

1.  
   2. (b)
      “Secondary street” shall refer to 19^th Street, 20^th Street, 21^st Street, Burke Street, C Street, and C Place. 

FIGURE K § 400.5(b):  SECONDARY Street Frontages

1. 400.6
   The boundaries of the HE zones correspond to Federal Reservation 13, which is generally bounded by Independence Avenue on the north, 19th Street on the west, Water Street on the east, and the Congressional Cemetery on the south.

1. 400.7
   The HE zones are divided into the following four (4) zones for the purpose of lot occupancy, floor area ratio (FAR) and building height:

   1. (a)
      HE-1 (19^th Street), which includes squares with frontage onto 19^th Street, between Independence Avenue, and Massachusetts Avenue;
   2. (b)
      HE-2 (20^th Street), which includes squares with frontage on 20^th Street;
   3. (c)
      HE-3 (Water Street), which includes squares with frontage on Water Street; and
   4. (d)
      HE-4 (Corrections), which includes Squares N and O.

FIGURE K § 400.7:  HE ZONES

1. 400.8
   Development in the HE zones shall be in accordance with the development standards found at Subtitle K § 402.

1. 401.1
   The development standards in Subtitle K §§ 402 through 407 control the bulk of structures in the HE zones.

1. 401.2
   In addition to the development standards set forth in this subtitle, additional general regulations relevant to this subtitle can be found in Subtitle C.

1. 402.1
   The maximum permitted FAR of buildings in HE zones shall be given in the following table:

1. 402.2
   The following density limitations on non-residential uses apply within the HE zones, but only in the squares listed below:

1. 402.3
   The matter-of-right FAR shall serve as the maximum permitted height and floor area ratio for a planned unit development (PUD).

1. 402.4
   The minimum lot area for row dwellings shall be eighteen hundred square feet (1,800 sq. ft.) with a minimum lot width of eighteen feet (18 ft.).

1. 403.1
   The maximum permitted building height and number of stories, not including the penthouse, in HE shall be given in the following table:

1. 403.2
   Building height shall be measured from the lowest curb level along a street frontage abutting the lot.

1. 403.3
   A hospital located in the HE-2 zone may exceed eighty feet (80 ft.) in height, to a maximum of one hundred ten feet (110 ft.), if approved as a special exception by the Zoning Commission pursuant to Subtitle K § 416.

1. 403.4
   Penthouses and rooftop structure shall be subject to the regulations of Subtitle C, Chapter 15 and the height and story limitations specified in Subtitle K § 403.5. 

1. 403.5
   The maximum permitted height of a penthouse or rooftop structure, except as limited in Subtitle C § 1501 on the roof of a detached dwelling, semi-detached dwelling, rowhouse, or flat shall be as set forth in the following table:

1. 403.6
   The matter- of- right height shall serve as the maximum permitted height, penthouse and rooftop structure height, and floor area ratio for a PUD.

1. 404.1
   The maximum permitted lot occupancy in the HE zones shall be given in the following table:

1. 405.1
   Buildings or structures in the HE zones that abut the HE-1 zone shall provide a twelve foot (12 ft.) setback from the zone boundary line for any part of the building or structure that exceeds fifty feet (50 ft.) in height.

1. 405.2
   Buildings or structures in the HE zones that abut the HE-2 zone, or have street frontage on Burke Street, C Street, C Place, or Massachusetts Avenue, shall provide a twelve foot (12 ft.) setback for any part of the building that exceeds eighty feet (80 ft.) in height.

1. 405.3
   The portion of Square A devoted to St. Coletta’s School shall be subject to Zoning Commission Order No. 03-21.

1. 406.1
   Except as provided in Subtitle K § 406.2, no rear yard shall be required for entirely non-residential buildings.

1. 406.2
   Notwithstanding Subtitle K § 406.1, an entirely non-residential building shall have a rear yard if:

   1. (a)
      The building’s rear wall faces a wall of a residential building;
   2. (b)
      The distance between the rear wall of the non-residential building and a wall of the residential buildings is forty feet (40 ft.) or less; and
   3. (c)
      A window located on the non-residential building’s rear wall would afford a direct view into the interior of the residential building through one (1) or more of the latter’s windows.

1. 406.3
   The rear yard required by this section shall have a depth equal to the distance between the rear wall of the non-residential building and the facing wall of the residential building.

1. 406.4
   All residential buildings shall provide a rear yard in accordance with either Subtitle K §§ 406.5 or 406.6.

1. 406.5
   When the residential portion of a building begins at or below grade, the building shall provide a rear yard with a minimum depth of three inches (3 in.) per one foot (1 ft.) of vertical distance from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof, but not less than twelve feet (12 ft.).

1. 406.6
   When the residential portion of a building begins above grade, the building shall provide a rear yard with a minimum depth of three inches (3 in.) per one foot (1 ft.) of vertical distance from the horizontal plane at which the residential use begins to the highest point of the main roof, but not less than twelve feet (12 ft.). The rear yard shall be provided at and above the horizontal plane at which residential use begins.

1. 407.1
   No side yard is required; however, if a side yard is provided it shall be no less than eight feet (8 ft.).

1. 408.1
   Parking requirements for the HE zones are as specified in Subtitle C.

1. 408.2
   Bicycle parking requirements for the HE zones are as specified in Subtitle C.

1. 408.3
   Loading requirements for the HE zones are as specified in Subtitle C.

1. 408.4
   Loading berths shall not front onto a primary or secondary street.

1. 408.5
   No driveway or garage entrance providing access to parking or loading areas shall be permitted from a primary or secondary street.

1. 408.6
   Driveways or garage entrances shall not be located closer than forty feet (40 ft.) from the intersection of an alley and secondary street as measured from the intersection of the curb lines extended.

1. 408.7
   A garage shall be set back at least twelve feet (12 ft.) from the center line of an alley.

1. 408.8
   Exceptions from the prohibitions and limitations of this section, except those that pertain to use,) shall be permitted if approved by the Zoning Commission pursuant to Subtitle X, Chapter 9, provided the applicant demonstrates that:

   1. (a)
      There is no practical alternative means of serving the parking, loading, or drop-off needs of the building to be served by the proposed driveway or garage entrance;
   2. (b)
      The driveway or garage entrance will not impede the flow of pedestrian traffic; and
   3. (c)
      The driveway or garage entrance is not inconsistent with the DDOT landscape plans for the public rights of way in the Hill East Waterfront area, to the extent that such plans exist at the time of the special exception application.

1. 409.1
   The Zoning Commission shall review the design of all new buildings, or additions to existing buildings for consistency with the design guidelines set forth at Subtitle K §§ 419 through 421 and with the purposes as stated in Subtitle K § 400 of this chapter.

1. 409.2
   For good cause shown, the Zoning Commission, in its discretion, may waive one (1) or more of the design standards set forth in Subtitle K §§ 417 through 419.

1. 409.3
   The Zoning Commission may hear and decide any additional requests for special exception or variance relief needed for the subject property, including the special exceptions provided for in this chapter. Such requests shall be advertised, heard, and decided together with the application for Zoning Commission review and approval.

1. 409.4
   At the time of filing an application with the Zoning Commission, the applicant shall pay the filing fee specified in Subtitle Z, plus such fees as apply to any additional zoning relief requested.

1. 410.1
   This chapter contains use permissions and any applicable conditions in the HE zones.

1. 410.2
   Antenna uses are permitted as a matter of right, subject to the standards and procedures that apply to the particular class of antenna pursuant to Subtitle C, Chapter 13.

1. 410.3
   The following uses are permitted in the HE zones:

   1. (a)
      Agriculture, residential;
   2. (b)
      Arts, design and creation;
   3. (c)
      Youth Rehabilitation Home, Adult Rehabilitation Home uses are permitted subject to the following provisions:

      1. (1)
         The uses shall not house more than six (6) persons, not including resident supervisors or staff and their families;
      2. (2)
         A use which houses seven (7) to fifteen (15) persons, not including resident supervisors or staff and their families, is permitted, provided that there shall be no property containing an existing community-based institutional facility 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 subject property; and
      3. (3)
         A community based residence facility not meeting these criteria may be approved by special exception in accordance with Subtitle K § 412.1;
   4. (d)
      Community solar facility, subject to the following conditions:

      1. (1)
         Roof-mounted solar array of any size; or
      2. (2)
         Ground-mounted solar array, subject to the following requirements:

         1. (A)
            Measures no greater than twenty feet (20 ft.) in height;
         2. (B)
            Has an aggregate panel face area of one-and-one half (1.5) acres or less;
         3. (C)
            Meets the yard and height development standards of the zone; and
         4. (D)
            Where the panels are sited no less than forty feet (40 ft.), including any intervening street or alley, from an adjacent property in the R, RF, or RA-1 zone.
   5. (e)
      Daytime care;
   6. (f)
      Eating and drinking establishments subject to the following conditions:

      1. (1)
         A drive-through, fast food restaurant or food delivery service shall not be permitted; and
      2. (2)
         Carry-out services shall be limited to those that are customarily accessory to the eating or drinking establishment;
   7. (g)
      Emergency shelter uses are permitted by-right provided that the use may not house more than four (4) persons, not including resident supervisors or staff and their families;
   8. (h)
      Entertainment, assembly, and performing arts;
   9. (i)
      Government, local;
   10. (j)
       Lodging;
   11. (k)
       Office;
   12. (l)
       Parks and recreation;
   13. (m)
       Residential;
   14. (n)
       Retail; and
   15. (o)
       Service, general and financial.

1. 411.1
   For the purposes of the HE zones, preferred uses shall include retail, entertainment, assembly, and performing arts, and service uses.

1. 412.1
   The following uses shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, subject to Subtitle K § 413 and any applicable provisions of this section:

   1. (a)
      Campus plan for a college or university use, including a college or university hospital, dormitory, fraternity, or sorority house, proposed to be located on the campus of a college or university, subject to the following conditions:

      1. (1)
         The use shall be located only on Squares A, B, C, and/or K;
      2. (2)
         The use shall comply with the height, floor area ratio and lot occupancy standards of each respective square; and
      3. (3)
         The use shall meet the requirements of Subtitle X, Chapter 1;
   2. (b)
      A community-based institutional facility not meeting the matter-of-right conditions of Subtitle K § 410 as follows:

      1. (1)
         Residential uses for nine (9) to fifteen (15) persons, not including resident supervisors or staff and their families;
      2. (2)
         Community-based institutional facility for one (1) to fifteen (15) persons, not including resident supervisors or staff and their families; and
      3. (3)
         Additions to or replacement of the Central Detention Facility and the Correction Treatment Facility, provided:

         1. (A)
            Any addition or replacement to the facilities shall be located only on Squares N and O; and
         2. (B)
            The application shall include a detailed plan for the facilities and accessory facilities, showing the location, height, and bulk of all improvements, including but not limited to buildings, parking and loading facilities, screening, signs, and utility facilities;
   3. (c)
      Community service center to accommodate organizations created for the purpose of improving the social or economic well-being of the residents of the area in which the center is proposed to be located, which may include, but not be limited to, centers for job training, family counseling, consumer cooperatives, and such other facilities as are similar in nature and purpose, provided that the community service center shall not be organized for profit, and no part of its net income shall inure to the benefit of any private shareholder or individual;
   4. (d)
      Community solar facility not meeting the requirements of Subtitle K § 410.3(d), subject to the following:

      1. (1)
         Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that:

         1. (A)
            Maintains as many existing native trees as possible;
         2. (B)
            Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture;
         3. (C)
            Ensures all trees measure a minimum of six feet (6 ft.) in height at the time of planting; and
      2. (2)
         The Application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report; and
   5. (e)
      Emergency shelter uses for five (5) to fifteen (15) persons, not including resident supervisors or staff and their families;
   6. (f)
      Fast food establishment or food delivery business subject to the following conditions:

      1. (1)
         The use shall not include a drive-through;
      2. (2)
         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, or other conditions;
      3. (3)
         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; and
      4. (4)
         The Zoning Commission may impose conditions pertaining to design, screening, lighting, soundproofing, off-street parking spaces, signs, method and hours of trash collection, or any other matter necessary to protect adjacent or nearby property;
   7. (g)
      Health care uses:

      1. (1)
         A hospital use may be located only on Square B and/or C subject to the design conditions of this chapter and provided that:

         1. (A)
            Need of the facility is demonstrated through a certificate of need, including a review and report by the Department of Human Services on the need for the facility and on the ability of the specific design of the facility to meet that need; and
         2. (B)
            There is a detailed plan for the facility and accessory buildings, showing the location, height, and bulk of all improvements, including but not limited to buildings, parking and loading facilities, screening, signs, capacities of the various facilities, and public utility facilities; and
      2. (2)
         A skilled care facility or intermediate nursing care facility under the Health Care Facilities and Community Residence Regulations;
   8. (h)
      Parking uses, subject to the following conditions:

      1. (1)
         Parking in above grade structures, provided:

         1. (A)
            Structures shall not directly front onto a primary or secondary street,
         2. (B)
            Preferred uses, as defined in Subtitle K § 411, shall occupy the ground floor to a minimum depth of thirty (30) feet to separate parking areas from the primary or secondary street; and
         3. (C)
            Upper floors shall be separated from a primary or secondary street by commercial or residential uses; and
      2. (2)
         New or expanded at-grade surface parking lots accessory to an existing use or building for a period of five (5) years which may be renewed a maximum of two (2) times; and
   9. (i)
      Private school, including residences for teachers and/or staff, subject to the following conditions:

      1. (1)
         The use shall be located only on Squares A, B, C, and/or K;
      2. (2)
         The use shall comply with the height, floor area ratio and lot occupancy standards of each respective square; and
      3. (3)
         The use shall meet the requirements of Subtitle X, Chapter 1;
   10. (j)
       Utility (basic) uses and supporting infrastructure facilities, such as an electrical substation, natural gas regulator station, pump station, telecommunications facility, or any co-generation facility. Additional setbacks and screening requirements may be required as the Board of Zoning Adjustment deems necessary for protection of the surrounding neighborhood; and
   11. (k)
       Other principal uses that are not permitted by Subtitle K § 410, but not prohibited by Subtitle K § 415 shall be permitted in the HE zones as a special exception subject to the following conditions in addition to the general special exception criteria of Subtitle X and Subtitle K § 416; provided the Zoning Commission considers that the use is appropriate in furthering the purposes of the HE zones.

1. 413.1
   In addition to the general standard set forth in Subtitle X, and any specific conditions set forth in Subtitle K § 412, an applicant for a special exception within the HE zones must demonstrate the following:

   1. (a)
      Parking and traffic conditions associated with the operation of a proposed use shall not adversely affect adjacent or nearby uses;
   2. (b)
      Noise associated with the operation of a proposed use shall not adversely affect adjacent or nearby uses;
   3. (c)
      The proposed building will comply with the applicable ground floor use and design requirements of Subtitle K §§ 416 through 419;
   4. (d)
      The building’s architectural design will enhance the urban design features of the immediate vicinity in which it is located; and
   5. (e)
      Vehicular access and egress 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.

1. 413.2
   The Office of Planning shall refer applications for special exceptions filed pursuant to this section to the District Department of Transportation, and shall submit a report for each such application addressing:

   1. (a)
      Whether the proposed use furthers the purposes of the HE zones;
   2. (b)
      The relationship of the proposed use to other planning considerations for the area and the District of Columbia as a whole, including the plans, programs, and policies of other departments and agencies of the District government;
   3. (c)
      The impact of the proposed use on neighboring properties; and
   4. (d)
      Any other matters that are within the Office of Planning's jurisdiction.

1. 413.3
   The Board of Zoning Adjustment or Zoning Commission 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 HE District.

1. 414.1
   Except when required as a special exception by Subtitle K § 412 or not permitted by this section, accessory uses, buildings, or structures customarily incidental and subordinate to the principal uses permitted in Subtitle K § 410 shall be permitted in the HE zones as a matter of right subject to any limitations of this subtitle.

1. 414.2
   Parking as an accessory use shall be permitted except that at-grade accessory surface parking lots shall not be permitted.

1. 414.3
   Short-Term Rental shall be permitted as an accessory use to a principal residential use in the HE zones.

1. 415.1
   The following uses are prohibited within the HE zones as both principal and accessory uses, unless otherwise noted:

   1. (a)
      Any establishment that has as its principal use the administration of massages;
   2. (b)
      Any industrial use first permitted in an MU zone;
   3. (c)
      At-grade surface parking lots, except as provided in Subtitle K § 412.1(i)(2);
   4. (d)
      Drive-through establishment (any establishment where goods are sold/rented or services rendered, directly to occupants of motor vehicles while in the vehicles);
   5. (e)
      Self-service storage establishment;
   6. (f)
      Sexually-oriented business establishment; and
   7. (g)
      Vehicle sales, repair and servicing, including full-serve and mini-serve gas stations, unattended key card stations, car washes, quick lubrication services, and vehicle emission test sites.

1. 416.1
   Development that is subject to the inclusionary zoning requirements in Subtitle C, Chapter 10 shall be constructed according to the provisions set forth in Subtitle K § 402, notwithstanding any bonus it may be granted by Subtitle C, Chapter 10.

1. 417.1
   The following locations are required to devote not less than sixty-five percent (65%) of the ground floor frontage to preferred uses and main building entrances, or lobbies to office and residential uses, and shall comply with the design requirements of Subtitle K §§ 418 through 420:

   1. (a)
      The west face of Square F (19^th Street frontage);
   2. (b)
      The northwest corner of Square G;
   3. (c)
      The southeast corner of Square J at Massachusetts Avenue and Water Street, facing the monumental circle;
   4. (d)
      The northeast corner of Square M at Massachusetts Avenue and Water Street, facing the monumental circle; and
   5. (e)
      All Independence Avenue and Massachusetts Avenue frontages.

1. 417.2
   The following locations are permitted to have ground floor preferred uses, provided that the building shall be constructed so that not less than sixty-five percent (65%) of the ground floor frontage will be devoted to preferred uses and main building entrances, or lobbies to office and residential uses and shall comply with the design requirements of Subtitle K §§ 418 through 420:

   1. (a)
      All frontages on 19^th Street;
   2. (b)
      All frontages on Burke Street;
   3. (c)
      The C Street frontage of Square H, facing the park in Square E, for a maximum length of two hundred feet (200 ft.) from Square H’s northeast corner at the intersection of C Street and 21^st Street;
   4. (d)
      The 21^st Street frontage of Square D;
   5. (e)
      The southeast corner of Square D, which faces the intersection of C Street and Water Street;
   6. (f)
      The northeast corner of Square I, which faces the intersection of C Street and Water Street; and
   7. (g)
      All frontages on Water Street.

1. 418.1
   Wherever preferred uses, as defined in Subtitle K §411, are required or allowed pursuant to Subtitle K §§ 412, such ground floor preferred uses shall:

   1. (a)
      If located on a corner, wrap around the corner to a minimum depth of twenty feet (20 ft.) on the side street;
   2. (b)
      Occupy the ground floor to a minimum depth of thirty feet (30 ft.);
   3. (c)
      Have a minimum clear floor-to-ceiling height of fourteen feet (14 ft.), measured from the finished grade, for the area of the ground floor dedicated to preferred uses;
   4. (d)
      The street-facing facades of buildings on primary streets shall devote not less than seventy-five percent (75%) per individual use or fifty percent (50%) of the length and fifty percent (50%) of the surface area of the street wall at the ground level to windows associated with preferred uses or windows associated with main building entrances; and
   5. (e)
      The street-facing facades of mixed-use or non-residential buildings on secondary streets shall devote not less than seventy-five percent (75%) per individual use or thirty percent (30%) of the length and thirty percent (30%) of the surface area of the street wall at the ground level to windows associated with preferred uses or windows associated with main building entrances.

1. 418.2
   The windows required by Subtitle K § 418.1(d) shall have clear or clear/low-emissivity glass allowing transparency to a depth of twenty feet (20 ft.) into the preferred ground level space, with bottom sills no more than four feet (4 ft.) above the adjacent sidewalk grade.

1. 418.3
   Such windows must allow views from within the building to the street.

1. 419.1
   The provisions of this section establish the design requirements for all buildings and structures located in the HE zones.

1. 419.2
   Except as provided in Subtitle K § 418.2, the front of a building or structure shall extend to the property line(s) abutting the street right-of-way for not less than ninety percent (90%) of the property line and to a height of not less than twenty-five feet (25 ft.).

1. 419.3
   Whatever portion of the front of a building or structure that does not extend to the property line(s) pursuant to Subtitle K § 419.2 must extend to within twenty-five feet (25 ft.) of the front property line and to a height of not less than twenty-five feet (25 ft.).

1. 419.4
   Awnings, canopies, bay windows, and balconies may extend forward of the required building line to the extent permitted by any other regulations.

1. 419.5
   For every fifty feet (50 ft.) of uninterrupted building façade length, the building shall incorporate modulated and articulated building wall planes through the use of projections, recesses and reveals expressing structural bays, changes in color graphical patterns, texture, or changes in building material of the façade.

1. 419.6
   The articulation shall have a minimum change of plane of six inches (6 in.).

1. 419.7
   Façade articulation of less than two feet (2 ft.) in depth shall qualify to meet the street frontage required building line standards of Subtitle K §§ 419.2 and 419.3.

1. 419.8
   Any single articulation feature shall not exceed sixty percent (60%) of the building façade width.

1. 419.9
   Buildings with ground floor retail shall incorporate vertical elements to create a series of storefront-type bays with entrances that are no more than fifty feet (50 ft.) apart.

1. 419.10
   Security grilles shall have no less than seventy percent (70%) transparency.

1. 419.11
   Street-facing facades shall not have blank walls (without doors or windows) greater than ten feet (10 ft.) in length.

1. 419.12
   Each use within a building shall have an individual public entrance that is clearly defined and directly accessible from the public sidewalk.

1. 419.13
   Exterior display of goods and exterior storage between the building line and the front lot line is prohibited. Outdoor seating for restaurants and pedestrian-oriented accessory uses, such as flower, food, or drink stands, or other appropriate vendors, are permitted to the extent consistent with other District laws.

1. 419.14
   Windows shall cover the following minimum area of street-facing façades above the ground floor level.

1. 419.15
   Buildings and structures shall clearly articulate a base, middle, and top, except for row dwellings and flats.

1. 419.16
   High quality, durable materials which enhance the building and convey permanence shall be required.

1. 419.17
   The use of synthetic stucco, vinyl siding, and/or other low-grade exterior finishes is prohibited.

1. 420.1
   The provisions of this section set forth standards for buildings and structures with frontage(s) on a primary street.

1. 420.2
   Notwithstanding Subtitle K §§ 419.2 and 419.3, the fronts of buildings located at street intersections shall be constructed to the property lines abutting each intersecting street, without any setback, for a minimum of fifty feet (50 ft.) from the intersection, along each street frontage.

1. 420.3
   The corner of the building at the intersection of two (2) primary streets or a primary and secondary street shall incorporate articulation such as, but not limited to, being angled, curved, or chamfered to emphasize the corner.

1. 420.4
   The distance from the corner shall not exceed twenty feet (20 ft.), measured from the corner of the lot to the end of the angled or curved wall segment.

1. 420.5
   Entrances into a building shall be no more than fifty feet (50 ft.) apart and recessed no more than six feet (6 ft.) deep or ten feet (10 ft.) wide.

1. 420.6
   Buildings shall incorporate vertical elements in the street-facing façade to create a series of storefront-type bays where preferred uses are present.

1. 420.7
   Residential buildings shall have at least one (1) primary entrance directly accessible from the public sidewalk.

1. 420.8
   Instead of the windows required by Subtitle K § 418.1(d), on primary streets artwork and displays relating to activities occurring within the building shall be permitted as a special exception if approved by the Zoning Commission pursuant to Subtitle X, provided the applicant demonstrates that:

   1. (a)
      The building has more than fifty percent (50%) of its ground level space in storage, parking, or loading areas, or in uses which by their nature are not conducive to windows (such as theaters); and
   2. (b)
      The artwork or displays are consistent with the objective of providing a pleasant, rich, and diverse pedestrian experience.

1. 500.1
   The purposes of the Capitol Gateway (CG) zones (CG-1 through CG-7) are to:

   1. (a)
      Assure development of the area with a mixture of residential and commercial uses, and a suitable height, bulk, and design of buildings, as generally indicated in the Comprehensive Plan and recommended by planning studies of the area;
   2. (b)
      Encourage a variety of support and visitor-related uses, such as retail, service, entertainment, cultural, and hotel uses;
   3. (c)
      Allow for continuation of existing industrial uses, which are important economic assets to the city, during the extended period projected for redevelopment;
   4. (d)
      Provide for a reduced height and bulk of buildings along the Anacostia riverfront in the interest of ensuring views over and around waterfront buildings, and provide for continuous public open space along the waterfront with frequent public access points;
   5. (e)
      Require suitable ground-level retail and service uses and adequate sidewalk width along M Street, S.E., near the Navy Yard Metrorail station;
   6. (f)
      Provide for development of Squares 702-706 and Reservation 247 as a ballpark for major league sport and entertainment and associated uses;
   7. (g)
      Provide for the establishment of South Capitol Street between M Street, S.E., and the Anacostia waterfront as a monumental civic boulevard;
   8. (h)
      Provide for the development of Half Street, S.E., as an active pedestrian-oriented street with active ground floor uses and appropriate setbacks from the street facade to ensure adequate light and air, and a pedestrian scale; and
   9. (i)
      Provide for the development of First Street, S.E., as an active pedestrian-oriented street with active ground floor uses, connecting M Street, the Metro Station, and existing residential neighborhoods to the Ballpark site and the Anacostia Waterfront.

1. 500.2
   The CG zones shall constitute the Zoning Regulations for the geographic area referred to in Subtitle W § 101.1. Where there are conflicts between this chapter and other chapters or subtitles of this title, the provisions of the CG Zone shall govern.

1. 500.3
   Development in the CG zones shall be in accordance with the development standards found at Subtitle K §§ 501 through 506.

1. 500.4
   The Inclusionary Zoning (IZ) development standards for the CG zones are as established in this chapter and indicated by the abbreviation IZ, and all other Inclusionary Zoning requirements for the CG zones are as specified in Subtitle C, Chapter 10, including IZ Plus Inclusionary Developments.

1. 500.5
   Penthouses and rooftop structure shall be subject to the regulations of Subtitle C, Chapter 15, and the height and story limitations specified in each zone of this subtitle.  

1. 501.1
   The CG-1 zone is intended to permit high-density housing and appropriate renovation of or addition to the existing housing stock.

1. 501.2
   The development standards of Subtitle K §§ 501.3 to 501.11 shall control the bulk of buildings in CG-1 zone.

1. 501.3
   The maximum permitted floor area ratio (FAR) in the CG-1 zone shall be 6.0, or 7.2 for Inclusionary Developments.

1. 501.4
   The maximum permitted building height, not including the penthouse or rooftop structure, in the CG-1 zone shall be ninety feet (90 ft.). Subtitle K § 510 contains design-related conditions on height and upper story setbacks for South Capitol Street, a designated street of Subtitle K § 508.  

1. 501.5
   The maximum permitted height of a penthouse or rooftop structure in the CG-1 zone shall be twenty feet (20 ft.), and the maximum number of stories shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.  

1. 501.6
   The maximum permitted lot occupancy in the CG-1 zone shall be seventy-five percent (75%) or ninety percent (90%) for Inclusionary Developments.

1. 501.7
   A minimum rear yard of fifteen feet (15 ft.) shall be required in the CG-1 zone. The Board of Zoning Adjustment may grant a special exception for an addition that cannot comply with the rear yard regulations. In addition to complying with the general special exception criteria of Subtitle X, the Board of Zoning Adjustment shall find that the addition, 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 buildings along the subject street frontage.

1. 501.8
   No side yard is required for the principal building; however, any side yard provided to any portion of the principal building shall be at least three inches (3 in.) per one foot (1 ft.) of height, and no less than five feet (5 ft.).

1. 501.9
   Where an open court is provided, the court shall have the following minimum dimensions:

1. 501.10
   In the case of an alteration affecting the amount of light and ventilation required in an existing building in a Residence District by other municipal law or regulation, no legally required window shall be permitted to open onto a court that does not comply with the dimensions given in Subtitle K § 501.9.

1. 501.11
   The minimum required green area ratio (GAR) for the CG-1 zone shall be 0.3.

1. 502.1
   The CG-2 zone is intended to permit medium-density mixed-use development with a focus on residential use and provide for the establishment of South Capitol Street as a monumental civic boulevard.

1. 502.2
   The development standards in Subtitle K §§ 502.3 through 502.11 shall control the bulk of buildings in CG-2 zone.

1. 502.3
   The maximum permitted FAR in the CG-2 zone shall be 6.0 or 7.2 FAR with IZ, with a maximum non-residential FAR of 2.0. Non-residential floor area shall be the total gross floor area of the building not dedicated to uses in one (1) of the following categories:

   1. (a)
      Residential;
   2. (b)
      Emergency shelter;
   3. (c)
      Lodging uses; or
   4. (d)
      Education uses that are operated or chartered by the District Government.

1. 502.4
   The maximum permitted building height, not including the penthouse or rooftop structure, in the CG-2 zone shall be ninety feet (90 ft.), or one hundred and ten feet (110 ft.) if permitted by the Inclusionary Zoning regulations set forth in Subtitle C, Chapter 10. Subtitle K § 510 contains design-related conditions on height and upper story setbacks for South Capitol Street, a designated street of Subtitle K § 508.

1. 502.5
   The maximum permitted height of a penthouse or rooftop structure in the CG-2 zone shall be twenty feet (20 ft.), and the maximum number of stories shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted. 

1. 502.6
   The maximum permitted lot occupancy for residential use in the CG-2 zone shall be eighty percent (80%), or ninety percent (90%) with Inclusionary Zoning.

1. 502.7
   The rear yard requirements for the CG-2 zone are as follows:

   1. (a)
      A minimum rear yard of fifteen feet (15 ft.) shall be required in the CG-2 zone;
   2. (b)
      If the property does not abut an alley, the required rear yard shall be measured as follows:

      1. (1)
         Measure a horizontal plane from the mean elevation of the rear lot-line, parallel to the rear lot line, into the lot, the distance of the required minimum yard identified in the development standards table; and
      2. (2)
         From the furthest point from the rear lot-line along the horizontal plane, identified in the previous paragraph, define a vertical plane up to the maximum height limit of the zone. This vertical plane will form the rear yard; and
   3. (c)
      If the property abuts and alley, the required rear yard shall be measured as follows:

      1. (1)
         Measure a horizontal plane twenty-five feet (25 ft.) above the mean elevation of the rear lot-line, parallel to the rear lot line, into the lot, the distance of the required minimum yard identified in the development standards table; and
      2. (2)
         From the furthest point from the rear lot-line along the horizontal plane identified in the previous paragraph, measure a vertical plane up to the maximum height limit of the zone. This vertical plane will form the rear yard.

1. 502.8
   No side yard is required for the principal building; however, any side yard provided on any portion of the principal building shall be at least two inches (2 in.) per one foot (1 ft.) of height, and no less than five feet (5 ft.).

1. 502.9
   Where an open court is provided, the court shall have the following minimum dimensions:

1. 502.10
   In the case of an alteration affecting the amount of light and ventilation required in an existing building in an R, RF, or RA zone by other municipal law or regulation, no legally required window shall be permitted to open onto a court that does not comply with the dimensions given in Subtitle K § 502.9.

1. 502.11
   The minimum required GAR for the CG-2 zone shall be 0.3.

1. 503.1
   The CG-3 zone is intended to permit high-density mixed-use development with a focus on employment and provide for the establishment of South Capitol Street as a monumental civic boulevard.

1. 503.2
   The development standards in Subtitle K §§ 503.3 through 503.10 shall control the bulk of buildings in CG-3 zone.

1. 503.3
   The maximum permitted FAR in the CG-3 zone shall be 6.5 or 7.8 FAR with IZ. Non-residential floor area shall be the total gross floor area of the building not dedicated to uses in one (1) of the following categories:

   1. (a)
      Residential;
   2. (b)
      Emergency shelter;
   3. (c)
      Lodging uses; or
   4. (d)
      Education uses that are operated or chartered by the District Government.

1. 503.4
   The maximum permitted building height, not including the penthouse or rooftop structure, in the CG-3 zone shall be ninety feet (90 ft.). Subtitle K § 510 contains design-related conditions on height and upper story setbacks for segments of South Capitol Street, a designated street of Subtitle K § 508.  

1. 503.5
   The maximum permitted height of a penthouse or rooftop structure in the CG-3 zone shall be twenty feet (20 ft.), and the maximum number of stories shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.  

1. 503.6
   The rear yard requirements for the CG-3 zone are as follows:

   1. (a)
      A minimum rear yard of twelve feet (12 ft.) shall be required in the CG-3 zone; and
   2. (b)
      The required rear yard shall be measured as follows:

      1. (1)
         If the lot abuts an alley, the rear yard may be measured from the center line of an alley abutting a rear-lot line, instead of the rear lot-line. If the lot does not abut an alley, the rear yard shall be measured from the rear lot line;
      2. (2)
         Measure a horizontal plane twenty-five feet (25 ft.) above the mean elevation of the rear lot-line, parallel to the rear lot-line, into the lot, the distance of the required minimum yard identified in the development regulations table;
      3. (3)
         From the furthest point from the rear lot-line along the horizontal plane identified in the previous paragraph, measure a vertical plane up to the maximum height limit of the zone;
      4. (4)
         Measure an angular plane from the mean elevation of the rear lot-line, into the lot, with a vertical rise to horizontal run ratio of four and sixty-six tenths to one (4.66:1), up to the maximum height limit of the zone; and
      5. (5)
         The vertical plane of paragraph (3), and, the angular plane of paragraph (4) from the point where it intersects the vertical plane of paragraph (3), shall form the rear yard.

1. 503.7
   No side yard is required for the principal building; however, any side yard provided on any portion of the principal building shall be at least two inches (2 in.) per one foot (1 ft.) of height, and no less than five feet (5 ft.).

1. 503.8
   Where an open court is provided, the court shall have the following minimum dimensions:

1. 503.9
   In the case of an alteration affecting the amount of light and ventilation required in an existing building in an R, RF, or RA zone by other municipal law or regulation, no legally required window shall be permitted to open onto a court that does not comply with the dimensions given in Subtitle K § 503.8.

1. 503.10
   The minimum required GAR for the CG-3 zone shall be 0.25.

1. 504.1
   The CG-4 zone (CG/CR) is intended to permit medium- to high-density mixed-use development with a balance of uses conducive to a higher quality of life and environment for residents, businesses, employees, and institutions; encourage provision of active pedestrian-oriented streets with active ground floor uses, particularly along specified primary streets; and promote pedestrian safety by separating pedestrian and vehicular circulation patterns.

1. 504.2
   The development standards in Subtitle K §§ 504.3 through 504.9 shall control the bulk of buildings in CG-4 zone.

1. 504.3
   The permitted FAR in the CG-4 zone is as follows:

   1. (a)
      The maximum permitted FAR in the CG-4 zone shall be 6.0 or 7.2 FAR with IZ, with a maximum non-residential FAR of 3.0;
   2. (b)
      A building shall be allowed a maximum FAR of 8.2; provided that the additional 1.0 FAR shall be devoted solely to residential uses, which, for the purposes of this subsection, does not include hotel uses;
   3. (c)
      A building or structure for a parks and recreation use shall have a maximum permitted gross floor area of forty-thousand square feet (40,000 sq. ft.); and
   4. (d)
      To help ensure the provision of the desired range of uses and to encourage the development of a mix of uses in the CG-4 zone, two (2) or more lots within the CG-4 zone may be combined for the purposes of allocating residential and non-residential uses regardless of the normal limitation on floor area by uses on each lot, subject to the following:

      1. (1)
         The non-residential floor area of a building may exceed the zone’s non-residential density, up to the maximum total density permitted within that zone;
      2. (2)
         Non-residential floor area shall be the total gross floor area of the building not dedicated to uses in one (1) of the following categories:

         1. (A)
            Residential;
         2. (B)
            Emergency shelter; or
         3. (C)
            Lodging uses;
      3. (3)
         The aggregate residential and non-residential floor area on a lot shall not exceed the matter-of-right maximum floor area or height of the zone district, except when bonus density is being constructed in accordance with the provisions of Subtitle K § 504.3(b);
      4. (4)
         The residential and nonresidential floor area on each individual parcel shall not exceed a maximum FAR of 8.0 on parcels for which a height of one hundred ten feet (110 ft.) is permitted or 8.5 FAR on parcels for which a height of one hundred thirty feet (130 ft.) is permitted by the Height Act;
      5. (5)
         The amount of commercial density transferred from one (1) parcel to another may not exceed the lesser of an FAR of 3.0 or the amount of residential density being transferred;
      6. (6)
         This section may not be used to transfer density to or from any other zone;
      7. (7)
         The Zoning Commission may, at its discretion, grant an additional transfer of density of 1.0 FAR maximum to or within Squares 700, 701, and 702, subject to the applicant addressing to the satisfaction of the Zoning Commission the objectives and guidelines of Subtitle K § 510, as applicable; and
      8. (8)
         No allocation of gross floor area shall be effective unless an instrument, legally sufficient to effect such a transfer, is filed consistent with the provisions of Subtitle K § 511.

1. 504.4
   The maximum permitted height in the CG-4 zone shall be as follows:

   1. (a)
      The maximum permitted building height, not including the penthouse or rooftop structure, in the CG-4 zone shall be ninety feet (90 ft.) and one-hundred feet (100 ft.) with Inclusionary Zoning (IZ); and
   2. (b)
      The maximum permitted building height, not including the penthouse or rooftop structure, shall be that permitted under the Height Act for any site utilizing the residential bonus density of Subtitle K § 504.3(b); or receiving combined lot density pursuant to Subtitle K § 504.3(f) but only to the extent necessary to accommodate any additional density received from another parcel:

      1. (1)
         Subtitle K § 510 contains design-related conditions on height and upper story setbacks for segments of Half Street, S.E., Potomac Avenue, and South Capitol Street, designated streets of Subtitle K § 508; and
      2. (2)
         In Squares 601, 656, and 657, those lots abutting or separated only by a street or alley from residentially zoned property shall provide a one-to-one (1:1) building setback for any part of a building or structure that exceeds ninety feet (90 ft.) on the side abutting the residential zone.

1. 504.5
   The maximum permitted height of a penthouse or rooftop structure in the CG-4 zone shall be twenty feet (20 ft.), and the maximum number of stories shall be one (1) plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted. 

1. 504.6
   The maximum permitted lot occupancy for residential use in the CG-4 zone shall be seventy-five percent (75%), or eighty percent (80%) with Inclusionary Zoning.

1. 504.7
   The front setbacks for the CG-4 zone are as follows:

   1. (a)
      The setback along M Street shall be measured from the face of the adjacent curb along M Street to the building or structure; and
   2. (b)
      The front setback from South Capitol Street, S.E. and S.W. shall be provided for the entire height and frontage for each new building or structure.

1. 504.8
   For the CG-4 zone, a rear yard is required only for residential uses.  If required, the rear yard shall be:

   1. (a)
      A minimum two and one-half inches (2.5 in.) per one foot (1 ft.) of vertical distance from the mean finished grade at the middle of the rear of the structure to the highest point of the main roof or parapet wall, but not less than twelve feet (12 ft.) shall be provided;
   2. (b)
      Established no lower than the first level of residential use; and
   3. (c)
      Measured as follows:

      1. (1)
         Where a lot abuts an alley, the rear yard may be measured from the center line of the alley to the rear wall of the building or other structure; and
      2. (2)
         Where a lot does not abut an alley, the rear yard shall be measured from the rear lot line to the rear wall of the building or other structure.

1. 504.9
   No side yard is required for the principal building; however, any side yard provided on any portion of the principal building shall be at least two inches (2 in.) per one foot (1 ft.) of height, and no less than five feet (5 ft.).

1. 504.10
   Where an open court is provided, the court shall have the following minimum dimensions:

1. 504.11
   In the case of an alteration affecting the amount of light and ventilation required in an existing building in an R, RF, or RA zone by other municipal law or regulation, no legally required window shall be permitted to open onto a court that does not comply with the dimensions given in Subtitle K § 504.7.

1. 504.12
   The minimum required GAR for the CG-4 zone shall be 0.2.

1. 504.13
   Within the CG-4 zone, a plaza comprising eight percent (8%) of the lot area shall be provided for development on a lot of greater than ten thousand square feet (10,000 sq. ft.), in accordance with the provisions of Subtitle C, Chapter 17. Where preferred use space is required under this chapter and provided, the requirement to provide plaza space shall not apply.

1. 505.1
   The CG-5 zone is intended to permit medium-density mixed-use development generally in the vicinity of the waterfront; encourage a variety of support and visitor-related uses, such as retail, service, entertainment, cultural and hotel uses; provide for a reduced height and bulk of buildings along the Anacostia River in the interest of ensuring views over and around waterfront buildings; and provide for continuous public open space along the waterfront with frequent public access points.

1. 505.2
   The development standards in Subtitle K §§ 505.3 through 505.9 shall control the bulk of buildings in CG-5 zone.

1. 505.3
   The permitted density in the CG-5 zone is as follows:

   1. (a)
      The maximum permitted FAR in the CG-5 zone shall be 4.0 or 4.8 FAR with IZ, with a maximum non-residential FAR of 2.0;
   2. (b)
      Non-residential floor area shall be the total gross floor area of the building not dedicated to uses in one (1) of the following categories:

      1. (1)
         Residential;
      2. (2)
         Emergency shelter;
      3. (3)
         Lodging uses; or
      4. (4)
         Education uses that are operated or chartered by the District Government;
   3. (c)
      The Zoning Commission may grant bonus density for residential development in a building or a combined lot development, using a guideline of 1.0 FAR in excess of the normally-allowed maximum of 4.0 FAR, provided that:

      1. (1)
         The building or combined lot development shall include at least 2.0 FAR of residential uses;
      2. (2)
         The Zoning Commission, at its discretion, may allow construction of such bonus density on the property zoned CG-5 or may allow only for the bonus density to be transferred off-site to a lot or lots zoned CG-4; and
      3. (3)
         The provisions of Subtitle K § 511 shall govern the procedures for transferring bonus density off-site if permitted by the Zoning Commission;
   4. (d)
      The Zoning Commission, at its discretion, may also provide for additional on-site or off-site bonus density to be earned for setbacks required under this section, based on the land area of the setback and the proposed features for public open space uses; provided, that 2.0 FAR based on the land area of the open space setback shall be used as a general guideline; and
   5. (e)
      A building or structure for a local government or parks and recreation use shall have a maximum permitted FAR of 1.8.

1. 505.4
   Height requirements for the CG-5 zone are as follows:

   1. (a)
      The maximum permitted building height, not including the penthouse or rooftop structure, in the CG-5 zone shall be sixty feet (60 ft.) and eighty feet (80 ft.) with Inclusionary Zoning (IZ); 
   2. (b)
      Subtitle K § 510 contains design-related conditions on building height and upper story setbacks for segments of Potomac Avenue, and South Capitol Street, Designated Streets of Subtitle K § 508;
   3. (c)
      The Zoning Commission, at its discretion, may grant an additional ten feet (10 ft.) of building height in excess of the base amount to accommodate the bonus density provision of Subtitle K § 505.3; and
   4. (d)
      A building or structure located on, in or over the water; or a watercraft, including a floating home shall have a maximum height of twenty-five feet (25 ft.). For the purposes of this subsection, the maximum height shall be measured from the mean high water level along the shore directly in front of the building, structure or watercraft to the highest point of the building or structure, not including sailboat masts.

1. 505.5
   The maximum permitted height of a penthouse or rooftop structure in the CG-5 zone shall be twelve feet (12 ft.), except that a height of fifteen feet (15 ft.) shall be permitted for penthouse mechanical space; and the maximum number of stories shall be one (1), except that a second story for penthouse mechanical space shall be permitted. 

1. 505.6
   No side yard is required for the principal building; however, any side yard provided on any portion of the principal building shall be at least two inches (2 in.) per one foot (1 ft.) of height, and no less than five feet (5 ft.).

1. 505.7
   A minimum rear yard of twelve feet (12 ft.) shall be provided for residential use in the CG-5 zone, in accordance with the following conditions:

   1. (a)
      Where a lot abuts an alley, the rear yard may be measured from the center line of the alley to the rear wall of the building or other structure; and
   2. (b)
      Where a lot does not abut an alley, the rear yard shall be measured from the rear lot line to the rear wall of the building or other structure.

1. 505.8
   The waterfront setback in the CG-5 zone is as follows:

   1. (a)
      The waterfront setback shall be provided in accordance with Subtitle C, Chapter 11 for all buildings and structures constructed after January 7, 2005 on any lot that faces or abuts the Anacostia River;
   2. (b)
      If the Zoning Commission finds that the setback creates an undue economic hardship for the owner of the lot, the Zoning Commission may reduce the depth of the required setback, but shall in no case approve a setback of less than fifty feet (50 ft.) in depth; and
   3. (c)
      No private driveway to any parking or loading berth areas in or adjacent to a building or structure constructed after January 7, 2005 shall directly face the waterfront.

1. 505.9
   Where an open court is provided, the court shall have the following minimum dimensions:

1. 505.10
   In the case of an alteration affecting the amount of light and ventilation required in an existing building in an R, RF, or RA zone by other municipal law or regulation, no legally required window shall be permitted to open onto a court that does not comply with the dimensions given in Subtitle K § 505.9.

1. 505.11
   The minimum required GAR for the CG-5 zone shall be 0.3.

1. 505.12
   The maximum permitted lot occupancy for residential use in the CG-5 zone shall be seventy-five percent (75%).

1. 506.1
   The CG-6 and CG-7 zones are mapped only on lands occupied by the Fort McNair Naval Facility.

1. 506.2
   Development standards for the CG-6 and CG-7 zones are as follows:

   1. (a)
      The development standards for the CG-6 zone shall be as established for the MU-12 zone, Subtitle G, Chapter 5; and
   2. (b)
      The development standards for the CG-7 zone shall be as established for the MU-14 zone, Subtitle G, Chapter 5.

1. 507.1
   The use permissions in this section include uses permitted as a matter of right, as a special exception, and as an accessory use; and uses not permitted.

1. 507.2
   Use permissions for the CG-1 through CG-7 zones are as specified in the following table:

1. 507.3
   Buildings, structures and uses with frontage on the designated streets of Subtitle K § 508 shall provide specified ground floor uses in accordance with the requirements and provisions of Subtitle K § 509.

1. 507.4
   A commercial or industrial use that is first permitted in Subtitle U, Chapter 8 (PDR Uses) and that was in existence with a valid Certificate of Occupancy as of January 7, 2005, shall be deemed a conforming use, but shall not be entitled to expand.

1. 508.1
   Designated street segments are those segments and side of street rights-of-way where a building with frontage on that street segment must comply with use and/or design regulations that may differ from the requirements of the zone through which the segment passes.

1. 508.2
   Refer to Subtitle K § 509 for preferred use requirements that apply to specified designated streets.

1. 508.3
   Refer to Subtitle K § 510 for design related requirements that apply to specified designated streets.

1. 508.4
   If a lot faces more than one (1) designated street segment or designated area, the regulations governing each category apply.

1. 508.5
   Designated Street Segments include any portion of the following streets zoned CG-1 through CG-5:

   1. (a)
      M Street, S.E. or S.W. (south side of street);
   2. (b)
      South Capitol Street (both sides of street, south of M Street and West side of street north of M Street);
   3. (c)
      Half Street, S.E. (both sides of street);
   4. (d)
      First Street, S.E. (west side of street);
   5. (e)
      Potomac Avenue, S.E. or S.W. (both sides of street); or
   6. (f)
      P Street, S.W. (both sides of street).

1. 509.1
   Preferred use requirements shall apply only to the following designated streets:

   1. (a)
      M Street, S.E. or S.W.;
   2. (b)
      Half Street, S.E.;
   3. (c)
      First Street, S.E.; and
   4. (d)
      Potomac Avenue, S.W.

1. 509.2
   Preferred uses of this section shall include uses within the following use categories:

   1. (a)
      Animal sales, care, and boarding;
   2. (b)
      Arts, design, and creation;
   3. (c)
      Eating and drinking establishments;
   4. (d)
      Entertainment, assembly, and performing arts;
   5. (e)
      Retail; and
   6. (f)
      Service, general or financial.

1. 509.3
   Any new building with frontage on the streets identified in Subtitle K § 509.1 shall comply with the following:

   1. (a)
      Except for buildings with street frontage on Potomac Avenue, S.W., buildings shall devote not less than 0.5 FAR of the ground floor gross floor area to one (1) or more of the preferred uses;
   2. (b)
      For buildings with street frontage on Potomac Avenue, S.W., one (1) or more preferred uses must be provided on the ground floor for a minimum depth of seventy-five feet (75 ft.) from the building’s Potomac Avenue frontage;
   3. (c)
      Devote no more than twenty-five percent (25%) of the ground floor gross floor area preferred use requirement to service uses (general or financial);
   4. (d)
      Devote one hundred percent (100%) of the building's street frontage along the designated street to preferred uses except for space devoted to building entrances or required for fire control; and
   5. (e)
      For good cause shown, the Zoning Commission may authorize interim occupancy by a non-preferred use of the preferred use space required by that this subsection for up to five (5) years, provided that:

      1. (1)
         The interim non-preferred use space is suitably designed for future occupancy by a preferred use; and
      2. (2)
         The interim non-preferred use space is designed to fully meet the applicable design regulations of Subtitle K § 510.

1. 510.1
   The following design requirements shall apply to the portion of a building or structure with frontage on designated streets as noted:

   1. (a)
      M Street, S.E. or S.W.:

      1. (1)
         The streetwall of each new building shall be set back for its entire height and frontage along M Street not less than fifteen feet (15 ft.), measured from the face of the adjacent curb along M Street, S.E.;
      2. (2)
         The ground floor shall have a minimum clear floor-to-ceiling height of fourteen feet (14 ft.), for a continuous depth of at least thirty-six feet (36 ft.) from the building line on the primary street;
      3. (3)
         The ground story shall devote at least fifty percent (50%) of the surface area of to display windows or pedestrian entrances having clear low-emissivity glass, and ensure that the view through the display windows and pedestrian entrances is not blocked for at least ten feet (10 ft.) from the building line;
      4. (4)
         Ground floor pedestrian entrances, or areas where a future ground floor entrance could be installed without structural changes, shall be located no more than an average distance of forty feet (40 ft.) apart on the façade facing the primary street. In no case shall there be fewer than one (1) door; and
      5. (5)
         No vehicular garage or loading entrance or exit shall be permitted to a building or structure constructed after February 16, 2007, unless otherwise required by the District Department of Transportation, or permitted by the Board of Zoning Adjustment as a special exception evaluated according to Subtitle X, Chapter 9;
   2. (b)
      South Capitol Street:

      1. (1)
         Each new building or structure located on South Capitol Street shall be set back for its entire height and frontage not less than fifteen feet (15 ft.), with the exception of a:

         1. (A)
            Buildings within Squares 649 and 651; and
         2. (B)
            Replacement of an existing row dwelling; or
         3. (C)
            Vertical addition to an existing row dwelling, not extending out into the South Capitol Street right-of-way and not exceeding fifty percent (50%) of the gross floor area of the original row dwelling;
      2. (2)
         A minimum of sixty percent (60%) of the street-wall shall be constructed on the setback line, with the exception of:

         1. (A)
            Buildings within Square 651 where a minimum of sixty percent (60%) of the street-wall shall be constructed to the South Capitol Street property line; and
         2. (B)
            Replacement of or an addition to an existing row dwelling within Squares 653 or 655;
      3. (3)
         Any portion of a building or structure that exceeds one hundred and ten feet (110 ft.) in height shall provide a one-to-one (1:1) step-back from the building line along South Capitol Street; and
      4. (4)
         No vehicular garage or loading entrance or exit shall be permitted to a building or structure constructed after February 16, 2007, unless otherwise required by the District Department of Transportation (DDOT), or permitted by the Board of Zoning Adjustment as a special exception evaluated according to Subtitle X, Chapter 9.
   3. (c)
      Half Street, S.E.:

      1. (1)
         Any portion of a building or structure that exceeds sixty-five feet (65 ft.) in height shall provide a minimum step-back of twenty feet (20 ft.) in depth from the building line along Half Street SE; provided that the Zoning Commission may grant relief pursuant to Subtitle X from this requirement, to a maximum of fifteen feet (15 ft.) in height and eight feet (8 ft.) in depth, for the provision of reasonable building footprints;
      2. (2)
         The ground floor shall have a minimum clear floor-to-ceiling height of fourteen feet (14 ft.), for a continuous depth of at least thirty-six feet (36 ft.) from the building line on the primary street;
      3. (3)
         The ground story shall devote at least fifty percent (50%) of the surface area to display windows or pedestrian entrances having clear low-emissivity glass, and ensure that the view through the display windows and pedestrian entrances is not blocked for at least ten feet (10 ft.) from the building line;
      4. (4)
         Ground floor pedestrian entrances, or areas where a future ground floor entrance could be installed without structural changes, shall be located no more than an average distance of forty feet (40 ft.) apart on the façade facing the primary street. In no case shall there be fewer than one (1) door; and
      5. (5)
         No vehicular garage or loading entrance or exit shall be permitted to a building or structure constructed after February 16, 2007, unless otherwise required by the District Department of Transportation, or permitted by the Board of Zoning Adjustment as a special exception evaluated according to Subtitle X, Chapter 9;
   4. (d)
      First Street, S.E.:

      1. (1)
         The ground floor shall have a minimum clear floor-to-ceiling height of fourteen feet (14 ft.), for a continuous depth of at least thirty-six feet (36 ft.) from the building line on the primary street;
      2. (2)
         The ground story shall devote at least fifty percent (50%) of the surface area to display windows or pedestrian entrances having clear low-emissivity glass, and ensure that the view through the display windows and pedestrian entrances is not blocked for at least ten feet (10 ft.) from the building line; and
      3. (3)
         Ground floor pedestrian entrances, or areas where a future ground floor entrance could be installed without structural changes, shall be located no more than an average distance of forty feet (40 ft.) apart on the façade facing the primary street. In no case shall there be fewer than one (1) door;
   5. (e)
      Potomac Avenue, S.E. or S.W. – Any portion of a building or structure that exceeds one hundred and ten feet (110 ft.) in height shall provide a one-to-one (1:1) step-back from the building line along Potomac Avenue; and
   6. (f)
      P Street SW – No vehicular garage or loading entrance or exit shall be permitted from P Street, S.W. to a building or structure constructed after February 16, 2007, unless otherwise required by the District Department of Transportation, or permitted by the Board of Zoning Adjustment as a special exception evaluated according to Subtitle X, Chapter 9.

1. 511.1
   No allocation of gross floor area shall be effective unless an instrument, legally sufficient to effect such a transfer, is filed with the Zoning Administrator and recorded by the Recorder of Deeds in the land records against all lots included in the combined lot development.

1. 511.2
   The instrument shall be in the form of a declaration of covenants that:

   1. (a)
      Is signed by the owners of all affected lots;
   2. (b)
      Is for the benefit of the District of Columbia;
   3. (c)
      Runs with the land in perpetuity;
   4. (d)
      Burdens all lots involved in the allocation of gross floor area;
   5. (e)
      Binds the present and future owners of the lot sending nonresidential gross floor area to forgo the nonresidential development and occupation of an on-site area equal to the amount of gross floor area of nonresidential uses transferred; and
   6. (f)
      States the maximum permitted gross floor areas for all uses in all lots, the maximum allowed gross floor area for nonresidential uses in all lots, and the gross floor area of nonresidential uses allocated. The covenant shall further state that, after the transfer, the combined lots conform with the maximum gross floor area limitations for nonresidential uses on the lots before the transfer.

1. 511.3
   The declaration of covenants shall expressly state that it may be substantively amended or terminated only with the approval of the Zoning Commission, after public hearing, and only upon a finding that the proposed amendment or termination is fully justified and consistent with the purposes of this chapter.

1. 511.4
   The declaration of covenants shall be approved in content by the Zoning Administrator and certified for legal sufficiency by the Office of Zoning Legal Division. The declaration shall also contain a written statement by the Director of the Office of Planning attesting to:

   1. (a)
      The lots' eligibility to allocate residential and nonresidential uses;
   2. (b)
      The accuracy of the computations with respect to the amount of residential and nonresidential uses allocated; and
   3. (c)
      Whether, after the transfer, the combined lots will conform with the maximum gross floor area limitations on nonresidential uses for the lots before any such transfer.

1. 512.1
   The provisions of this section apply to properties:

   1. (a)
      Within the CG-5 zone;
   2. (b)
      Abutting M Street, S.E.;
   3. (c)
      Located within Squares 700 or 701;
   4. (d)
      Abutting South Capitol Street, other than renovation or replacement of an existing row dwelling within Squares 653 or 655; or for a minor addition not exceeding fifty percent (50%) of the gross floor area of the original row dwelling structure;
   5. (e)
      Within Squares 601, 656, or 657; or
   6. (f)
      Which are the recipient of density through the combined lot provisions of Subtitle K § 505.3(d).

1. 512.2
   With respect to those properties described in Subtitle K § 512.1, all proposed uses, buildings, and structures, or any proposed exterior renovation to any existing buildings or structures that would result in an alteration of the exterior design, shall be subject to review and approval by the Zoning Commission in accordance with the following provisions.

1. 512.3
   In addition to proving that the proposed use, building, or structure meets the standards set forth in Subtitle X and the relevant provisions of this chapter, an applicant requesting approval under this section shall prove that the proposed building or structure, including the sitting, architectural design, site plan, landscaping, sidewalk treatment, and operation, will:

   1. (a)
      Help achieve the objectives of the Capitol Gateway defined in Subtitle K § 500.1,
   2. (b)
      Help achieve the desired use mix, with the identified preferred uses specifically being residential, hotel or inn, cultural, entertainment, retail, or service uses;
   3. (c)
      Be in context with the surrounding neighborhood and street patterns;
   4. (d)
      Minimize conflict between vehicles and pedestrians;
   5. (e)
      Minimize unarticulated blank walls adjacent to public spaces through facade articulation; and
   6. (f)
      Minimize impact on the environment, as demonstrated through the provision of an evaluation of the proposal against LEED certification standards.

1. 512.4
   With respect to a building or structure to be constructed on a lot within the CG-5 District:

   1. (a)
      The building or structure shall provide suitably designed public open space along the waterfront;
   2. (b)
      A plan shall be included in the application for suitable open space treatment of the setback area for such uses as walkway and bikeway, passive or active recreational use, and including provisions assuring private maintenance of the space, convenient and permanent public access to the space, and suitable connections to adjacent public space along the waterfront; and
   3. (c)
      The application shall include a view analysis that assesses openness of waterfront views and vistas, and views and vistas toward the Capitol Dome, other federal monumental buildings, existing neighborhoods, South Capitol Street, and the Frederick Douglass Bridge.

1. 512.5
   With respect to a building or structure which has frontage on Half Street, S.E.:

   1. (a)
      The building or structure shall provide for safe and active streetscapes through building articulation, landscaping, and the provision of active ground level uses including retail, entertainment, cultural, and pedestrian concourse space;
   2. (b)
      The building or structure shall provide for safe and convenient movement to and through the site, including to public transit, the Ballpark, and to the Anacostia River; and
   3. (c)
      The application shall include a view analysis that assesses openness of views and vistas around, including views toward the Capitol Dome, other federal monumental buildings, the Ballpark, and the waterfront.

1. 512.6
   With respect to a building or structure that has frontage on South Capitol Street, S.E.:

   1. (a)
      The building or structure shall incorporate massing, materials, and buildings and streetscape landscaping to further the design and development of properties in a manner that is sensitive to the establishment of South Capitol Street as a monumental civic boulevard;
   2. (b)
      The building or structure shall incorporate massing, location of access to parking and loading, and location of service areas to recognize the proximate residential neighborhood use and context, as applicable; and
   3. (c)
      The application shall include a view analysis that assesses openness of views and vistas around, including views toward the Capitol Dome, other federal monumental buildings, the Ballpark, and the waterfront.

1. 512.7
   The Zoning Commission may hear and decide any additional requests for special exception or variance relief needed for the subject property. Such requests shall be advertised, heard, and decided together with the application for Zoning Commission review and approval.

1. 512.8
   At the time of filing an application with the Zoning Commission, the applicant shall pay the filing fee specified in Subtitle Z, plus such fees as apply to any additional zoning relief requested.

1. 513.1
   This chapter provides conditions and requirements related to parking spaces, including location and access.

1. 513.2
   The parking requirements for the CG zones are as follows:

   1. (a)
      There is no minimum number of vehicular parking space requirement for any use located within a CG zone on any property with frontage on or located east of South Capitol Street; except as required in Subtitle K § 515.1(e) for the ballpark;
   2. (b)
      Bicycle parking in accordance with the requirements of Subtitle C, Chapter 8 shall be provided; and
   3. (c)
      All parking shall be sited and designed to conform to the requirements of Subtitle C, Chapters 7 and 8; except parking located on a property which front or abuts the Anacostia River shall also conform to the requirements of Subtitle C, Chapter 11.

1. 514.1
   A planned unit development (PUD) in the CG zones shall be subject to the following provisions in addition to the provisions of Subtitle X, Chapter 3:

   1. (a)
      The PUD shall be granted only for projects that are superior in achieving the purposes of this chapter and, particularly, the adopted objectives and policies of the Lower Anacostia Waterfront/Near Southwest Area Elements of the Comprehensive Plan;
   2. (b)
      The PUD process shall not be used to reduce requirements in this chapter for the preferred uses; and
   3. (c)
      An applicant for a PUD within the CG-4 zone seeking non-residential density greater than the non-residential density permitted in this chapter shall demonstrate to the Zoning Commission that combined lot density pursuant to Subtitle K § 504.3(d) has been acquired to the maximum extent feasible prior to the PUD application.

1. 515.1
   The sub-area use regulations are as follows:

   1. (a)
      A Ballpark may be constructed and operated within Squares 702, 703, 704, 705, and 706 and Reservation 247 (the “Ballpark Site”), bounded by N Street, S.E., First Street, S.E., Potomac Avenue, S.E., and South Capitol, Street S.E.;
   2. (b)
      For the purposes of this section, the term "Ballpark" means a stadium or arena, including accessory buildings or structures (including, but not limited to office and transportation facilities) that has as its primary purpose the hosting of professional athletic team events;
   3. (c)
      The Ballpark may also be used to host events customarily held in such facilities including, but not limited to performances, amateur sporting events, municipal functions, and public or private ceremonies.;
   4. (d)
      Notwithstanding other provisions for residential or mixed uses in this chapter, no portion of the density need be used for residential purposes within the Ballpark Site; 
   5. (e)
      A maximum of one thousand two hundred twenty-five (1,225) vehicular parking spaces shall be provided for the Ballpark use within the Ballpark Site, in addition to bus parking requirements of Subtitle K § 515.3(d). Of this number, a minimum of one hundred twenty-five (125) shall be designated handicapped parking spaces. Any parking spaces in addition to the one thousand two hundred twenty-five (1,225) amount shall be permitted if approved by the Zoning Commission pursuant to Subtitle K § 515.4 subject to the applicant demonstrating:

      1. (1)
         That the parking spaces are needed to satisfy parking demand generated by the Ballpark not met by existing or approved but not yet constructed parking facilities; and
      2. (2)
         Compliance with the provisions of Subtitle K § 515.4;
   6. (f)
      In considering whether to approve additional ballpark-related at or above-ground parking spaces under Subtitle K § 515.1(e), the Zoning Commission 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
   7. (g)
      All parking spaces within the Ballpark Site shall be provided underground. At or above grade parking spaces shall be permitted if approved by the Zoning Commission pursuant to Subtitle K § 515.4; subject to the applicant demonstrating:

      1. (1)
         Practical difficulty with the provision of underground parking; and
      2. (2)
         Compliance with the provisions of Subtitle K § 515.4.

1. 515.2
   The prefered use regulations are as follows:

   1. (a)
      Preferred uses of this section shall include one (1) or more of the following use categories:

      1. (1)
         Retail;
      2. (2)
         Entertainment, assembly, and performing arts;
      3. (3)
         Eating and drinking establishments;
      4. (4)
         Animal sales, care, and boarding;
      5. (5)
         Arts, design, and creation; and
      6. (6)
         Services, general or financial;
   2. (b)
      Not less than twenty percent (20%) of the Ballpark building's exterior perimeter frontage, not including any detached accessory building, shall be devoted to preferred uses of Subtitle K § 515.2(a) in accordance with the provisions of the following provisions:

      1. (1)
         Preferred uses shall have a street orientation;
      2. (2)
         Preferred uses shall provide direct exterior access at ground level;
      3. (3)
         Not less than fifty percent (50%) of area devoted to preferred uses shall be devoted to display windows having clear or low-emissivity;
      4. (4)
         The minimum floor to ceiling height of area devoted to preferred uses shall be fourteen feet (14 ft.) clear; and
      5. (5)
         The average depth from the exterior facade in towards the center of the building for space devoted to preferred retail shall be fifty feet (50 ft.) minimum; and
   3. (c)
      The Zoning Commission may grant relief to a maximum of fifty percent (50%) of the amount of space required by Subtitle K § 515.2(b) if necessary for the economic viability of the Ballpark and if consistent with the purposes of the Capital Gateway zones as stated in Subtitle K § 500.1 and the provisions of Subtitle K § 524.4.

1. 515.3
   The design regulations are as follows:

   1. (a)
      The Ballpark's maximum permitted height shall be that permitted by the Height Act, as amended. For the purposes of determining height for a Ballpark, height shall mean the vertical distance measured from the level of the curb opposite the middle of the front of the building to the highest point of the building, including a scoreboard, roof, cantilevered sunscreen, or parapet;
   2. (b)
      Each building or structure located on the portion of South Capitol Street that lies within the Ballpark Site shall be set back for its entire height and frontage not less than fifteen feet (15 ft.), provided that a minimum of sixty percent (60%) of the street-wall shall be constructed on the setback line;
   3. (c)
      In addition to the streetwall setbacks of Subtitle K § 515.3(b), any portion of the Ballpark that exceeds one hundred ten feet (110 ft.) in height shall provide an additional one-to-one (1:1) step back from the building line along South Capitol Street;
   4. (d)
      Any on-site bus parking shall be located internal to a building, with doors and entranceways designed to complement the building facade, and shall permit safe and convenient vehicular and pedestrian movement. The Zoning Commission may grant relief from this requirement pursuant to Subtitle K § 515.4 if necessary to the economic viability of the Ballpark and if consistent with the purposes of the Capital Gateway as stated in Subtitle K § 500.1 and the provisions of Subtitle K § 515.4;
   5. (e)
      Loading platforms and berths for the Ballpark shall be located internal to a building, with doors and entranceways designed to complement the building facade, and shall permit safe and convenient vehicular and pedestrian movement;
   6. (f)
      A minimum of one (1) pedestrian entrance gate to the Ballpark shall be provided on each street frontage; and
   7. (g)
      No private driveway may be constructed or used from South Capitol Street to any parking or loading berth areas in or adjacent to a building or structure constructed after November 4, 2005.

1. 515.4
   The Ballpark and all other proposed buildings or structures within the Ballpark Site shall be subject to the approval of the Zoning Commission in accordance with the following provisions:

   1. (a)
      An applicant requesting approval under this section shall prove that the proposed building or structure, including the siting, architectural design, site plan, landscaping, sidewalk treatment, and operation, will minimize potential impacts to the neighborhood and the United States Capitol by:

      1. (1)
         Minimizing associated noise, particularly into adjacent residential neighborhoods;
      2. (2)
         Minimizing light spill, particularly into adjacent residential neighborhoods;
      3. (3)
         Minimizing parking and traffic conflict between Ballpark patrons and neighborhood residents;
      4. (4)
         Encouraging the use of bicycles through the provision of safe, secure and convenient bike storage, as well as other forms of alternative transportation to the site;
      5. (5)
         Minimizing conflict between vehicles and pedestrians;
      6. (6)
         Encouraging the design and development of properties in a manner that is sensitive to the establishment of South Capitol Street as a monumental civic boulevard, while recognizing the proximate residential neighborhood use and context;
      7. (7)
         Being in context with the surrounding neighborhood and street patterns;
      8. (8)
         Providing view analysis which assesses openness of views and vistas around the Ballpark, including views toward the Capitol Dome, other federal monumental buildings, and the waterfront, from the surrounding neighborhood and neighborhoods east of the Anacostia River, South Capitol Street, the Frederick Douglas Bridge, and the waterfront;
      9. (9)
         Providing for safe and convenient movement to and through the site, including to public transit and to the Anacostia River; and
      10. (10)
          Ensuring that signage on the exterior of building or internal to the ballpark structure but visible from the outside, including the scoreboard, will not have such intensity or brilliance as to cause glare or impair the vision of any driver, or otherwise interfere with the driver's operation of a motor vehicle; adversely impact an owner's enjoyment of residential property located proximate to the ballpark; or impact the character and integrity of the ballpark site;
   2. (b)
      In addition to the required provisions of Subtitle K § 515.4(a), an applicant requesting approval under this section shall also demonstrate that the proposed building or structure, including the siting, architectural design, site plan, landscaping, sidewalk treatment, and operation will:

      1. (1)
         Help achieve the objectives of the Capital Gateway as set forth in Subtitle K § 500.1;
      2. (2)
         Be of a superior quality;
      3. (3)
         Encourage safe and active streetscapes through building articulation, landscaping, and the provision of active ground level uses including retail, entertainment, cultural, and pedestrian concourse space;
      4. (4)
         Minimize unarticulated blank walls adjacent to public spaces through facade articulation; and
      5. (5)
         Promote the use of best practice environmental design, including minimizing potential impacts on the Anacostia River through stormwater management and recycling practices;
   3. (c)
      The Zoning Commission may impose requirements pertaining to building or structure design, appearance, landscaping, signage, lighting, and other such requirements, as it deems necessary to protect neighboring property and to achieve the purposes of the Capitol Gateway zones;
   4. (d)
      The Zoning Commission may hear and decide any additional requests for relief from Zoning Regulations for the subject site. Such requests may be advertised, heard, and decided together with the application for Zoning Commission review and approval;
   5. (e)
      At the time of filing an application with the Zoning Commission, the applicant shall pay the filing fee specified in Subtitle Z plus such fees as apply to any additional zoning relief requested; and
   6. (f)
      At any time after the application is filed, but no later than thirty (30) days prior to the hearing date, at the request of one (1) or more Zoning Commission member(s), the Zoning Commission may, at a regular or special public meeting, offer preliminary comment on the design presented. Written notice of the Zoning Commission's intent to offer preliminary comment shall be provided to the Applicant, the ANC within which the project is located, and the Office of Planning. The Office Planning may participate at the meeting only through responding to the Zoning Commission's questions and offering solutions to any concerns expressed.

1. 600.1
   The Saint Elizabeths East Campus (StE) zones (StE-1 through StE-19) are unique location zones created to implement the public policy goal and objectives of the Comprehensive Plan, St. Elizabeths Redevelopment Framework Plan, as approved by the Council of the District of Columbia on December 16, 2008, and the Saint Elizabeths East Master Plan and Design Guidelines, June 4, 2012.

1. 600.2
   The StE zones shall constitute the Zoning Regulations for the geographic area referred to in Subtitle W § 115. Where there are conflicts between this chapter and other chapters of this title, the provisions of the StE zones shall govern.

1. 600.3
   The purposes of the StE zones are to:

   1. (a)
      Provide for the development of the site with a mix of uses, achieved through the adaptive reuse of existing buildings as well as new construction;
   2. (b)
      Provide for a broad mix of uses, including residential, commercial, hospitality, educational, and civic uses consistent with the master plan, with a target of approximately four million two hundred thousand square feet (4,200,000 sq. ft.) of development, exclusive of the StE-2, StE-18, and StE-19 zones and specified above-grade parking;
   3. (c)
      Improve community connectivity and access to and through the campus;
   4. (d)
      Enhance the unique and historic identity of the campus;
   5. (e)
      Reinvigorate the campus as an important neighborhood center;
   6. (f)
      Preserve and adaptively reuse the historic resources;
   7. (g)
      Embody the District’s design and sustainability goals;
   8. (h)
      Create a safe public realm and enhanced pedestrian experience;
   9. (i)
      Enhance multi-modal transportation networks;
   10. (j)
       Support wider economic development initiatives; and
   11. (k)
       Ensure a parking supply that meets the needs of the St. Elizabeths site while minimizing impacts on surrounding neighborhoods and incurring acceptable impacts on the surrounding road network.

1. 600.4
   The land use and design principles are as follows:

   1. (a)
      Create a safe environment by providing for a mix of uses and open spaces that are capable of being programmed to ensure vitality and social activity;
   2. (b)
      Create a desirable development opportunity by providing for flexibility in uses and appropriate building heights and densities;
   3. (c)
      Provide street-activating uses such as retail on the ground floor of buildings along designated public streets;
   4. (d)
      Recognize the unique and historic characteristics of the site and provide for the appropriate reuse of the historic buildings and new development that will respect the site’s historic nature;
   5. (e)
      Design and site new development sensitively to preserve existing gateways, vistas, and campus landmarks;
   6. (f)
      Create focal points to help establish a unique sense of place and orientation;
   7. (g)
      Provide for significant open space, including community parks, plazas, and natural open space on the site;
   8. (h)
      Provide for significant open space, including community parks, plazas, and natural open space on the site; and
   9. (i)
      Promote the use of best practice environmental and stormwater management design.

1. 601.1
   The development standards in Subtitle K §§ 602 through 611 shall control the bulk of buildings in the StE zones.

1. 601.2
   The StE zones are divided into the StE-1 through StE-19 zones for the purpose of floor area ratio (FAR), lot occupancy, and building height.

1. 601.3
   Except as provided in this chapter, the density, height of a building or structure not including the penthouse or rooftop structure, lot occupancy, front setback, and rear yard in a StE zone shall not exceed or be less than that set forth in Subtitle K §§ 602 through 606. 

1. 601.4
   In addition to the development standards set forth in this subtitle, additional general regulations relevant to this Subtitle can be found in Subtitle C.

1. 602.1
   The maximum permitted FAR of buildings in the StE zones shall be given in the following table:

1. 602.2
   Density for structured parking located above grade is regulated as follows:

   1. (a)
      In addition to the density permitted by Subtitle K § 602.1, additional density for above grade parking is permitted as follows:

      1. (1)
         Within the StE-7 zone – 1.0 FAR;
      2. (2)
         Within the StE-15 zone – 1.0 FAR; and
      3. (3)
         Within the StE-17 zone – 2.0 FAR;
   2. (b)
      Any of the density permitted under Subtitle K § 602.2(a) that is not used for above grade parking may be utilized for any other use permitted within that zone;
   3. (c)
      Any above grade parking shall conform to the standards of Subtitle K § 608; and
   4. (d)
      This density may not be transferred through the combined lot provisions of Subtitle K §§ 602.4 through 602.8 to another parcel.

1. 602.3
   The minimum lot area for row dwellings in any StE zone shall be one thousand eight hundred square feet (1,800 sq. ft.) with a minimum lot width of eighteen feet (18 ft.).

1. 602.4
   Except for lots located in the StE-2, StE-10, StE-14a, StE-14b, StE-18, or StE-19 subdistrict, two (2) or more lots in one (1) or more StE subdistrict(s) may be combined for the purpose of achieving the minimum required FAR equivalent of residential uses, subject to the following:

   1. (a)
      The total height and density limits of the zone(s) shall not be exceeded; The lots may be located in the same StE subdistrict or in different StE subdistricts;
   2. (b)
      The lot(s) receiving residential gross floor area need not be located in a StE subdistrict with a residential requirement; and
   3. (c)
      The total height and density limits of the subdistricts shall not be exceeded.

1. 602.5
   No allocation of gross floor area shall be effective unless an instrument, legally sufficient to effect such a transfer, is filed with the Zoning Administrator and recorded by the Recorder of Deeds in the land records against all lots included in the combined lot development.

1. 602.6
   The instrument shall be in the form of a declaration of covenants that:

   1. (a)
      Is signed by the owners of all affected lots;
   2. (b)
      Is for the benefit of the District of Columbia;
   3. (c)
      Runs with the land in perpetuity;
   4. (d)
      Burdens all lots involved in the allocation of gross floor area; and
   5. (e)
      States the maximum permitted gross floor areas for all uses in all parcels, the maximum allowed gross floor area for nonresidential uses in all parcels and the gross floor area of nonresidential uses allocated. The covenant shall further state that, after the transfer, the combined lots conform with the maximum gross floor area limitations.

1. 602.7
   The declaration of covenants shall expressly state that it may be substantively amended or terminated only with the approval of the Zoning Administrator.

1. 602.8
   The declaration of covenants shall be approved in content by the Zoning Administrator and certified for legal sufficiency by the Office of Zoning Legal Division. The declaration shall also contain a written statement by the Director of the Office of Planning attesting to:

   1. (a)
      The lots' eligibility to allocate residential and nonresidential uses;
   2. (b)
      The accuracy of the computations with respect to the amount of residential and nonresidential uses allocated; and
   3. (c)
      Whether, after the transfer, the combined lots will conform with the maximum gross floor area limitations for the lots before any such transfer.

1. 602.9
   The density and height limits of Subtitle K §§ 602 and 603 shall serve as the maximums permitted under a planned unit development (PUD).

1. 603.1
   The maximum permitted building height, not including the penthouse or rooftop structure, as well as the maximum permitted penthouse or rooftop structure height and number of stories, in the StE zones shall be given in the following table:

1. 603.2
   The maximum permitted building height and penthouse and rooftop structure height within the StE-7 zone is as follows:

   1. (a)
      For distance of two hundred fifty feet (250 ft.) measured from the north property line bounding Cypress Street, S.E., the maximum permitted building height, not including the penthouse or rooftop structure, shall be eighty feet (80 ft.) and the maximum permitted height of the penthouse or  rooftop structure shall be twenty feet (20 ft.), and the maximum number of stories shall be one (1), except that a second story for penthouse mechanical space shall be permitted; and
   2. (b)
      For the remainder of this parcel, the maximum permitted height shall be fifty feet (50 ft.); and the maximum permitted height of a penthouse or rooftop structure shall be twelve feet (12 ft.), except that a height of fifteen feet (15 ft.) shall be permitted for penthouse mechanical space; and the maximum number of stories shall be one (1), except that a second story for penthouse mechanical space shall be permitted.

1. 603.3
   The maximum permitted building height, not including the penthouse or rooftop structure, for any portion of a building shall be as follows based on the building’s distance from the property line along Martin Luther King, Jr. Avenue:  

   1. (a)
      For a distance of two hundred thirty feet (230 ft.) or less, the maximum permitted building height, not including the penthouse or rooftop structure, shall be forty feet (40 ft.);
   2. (b)
      For a distance of more than two-hundred thirty feet (230 ft.) and less than five hundred sixty feet (560 ft.), the maximum permitted building height, not including the penthouse or rooftop structure, shall be ninety-eight feet (98 ft.); and
   3. (c)
      For a distance of five hundred sixty feet (560 ft.) or more, the maximum permitted building height, not including the penthouse or rooftop structure, shall be ninety feet (90 ft.).

1. 604.1
   The maximum permitted lot occupancy for the StE zones shall be given in the following table: