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Washington City Zoning Code

SUBTITLE H

NEIGHBORHOOD MIXED-USE NMU ZONES

CHAPTER 11 THROUGH CHAPTER 51 [RESERVED]

100.1
  • 100.1
    Subtitle H 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 G, Mixed-Use (MU) Zones.
  •  

    100.2
  • 100.2
    Geographically modified zones are indicated by letters following the base zone name, such as NMU-7B/GA or NMU-8B/H-H. 
  • 100.3
  • 100.3
    For those geographically modified zones, the zone boundaries are described in Subtitle W, Specific Zone Boundaries, and identified on the official Zoning Map.
  • 101.1
  • 101.1
    The Neighborhood Mixed-Use (NMU) zones are designed to provide for stable mixed-use areas permitting a range of commercial and multiple dwelling unit residential development in defined neighborhood commercial areas.
  • 101.2
  • 101.2
    In addition to the purpose statements of each MU zone stated in Subtitle G and the individual chapters of this subtitle, the purposes of the NMU zones are to:
    1. (a)
      Provide for a varied mix of residential, employment, retail, service, and other related uses in the area;
    2. (b)
      Encourage safe and efficient conditions for pedestrian and motor vehicle movement;
    3. (c)
      Preserve and enhance neighborhood shopping areas, by providing the scale of development and range of uses that are appropriate for neighborhood shopping and services;
    4. (d)
      Encourage a general compatibility in scale between new and older buildings;
    5. (e)
      Encourage retention and establishment of a variety of retail, entertainment, and personal service establishments, predominantly in a continuous pattern at ground level, to meet the needs of the surrounding area's residents, workers, and visitors;
    6. (f)
      Encourage a scale of development, a mixture of building uses, and other attributes, such as safe and efficient conditions for pedestrian and vehicular movement;
    7. (g)
      Identify designated roadways within NMU zones with limitations on driveways and curb cuts; and
    8. (h)
      Identify designated use areas within NMU zones within which use restriction shall apply to the ground floor
  •  

     

    200.1
  • 200.1
    The development standards of the MU zones of Subtitle G shall apply to the relevant NMU zones except as changed by a geographically modified zone
  • 200.2
  • 200.2
    In the NMU, the development standards for lodging uses shall be those for non-residential uses except for FAR
  • 200.3
  • 200.3
    In the NMU zones, no driveway providing access from any designated roadway to required parking spaces or loading berths shall be permitted.
  •  

     

    200.4
  • 200.4
    The Inclusionary Zoning (IZ) requirements and the available IZ modifications and bonus density shall apply to all NMU zones, except for Square 907 in the NMU-7B/ES zone, as specified in Subtitle C, Chapter 10, Inclusionary Zoning, and in the zone-specific development standards of this subtitle; provided that new penthouse habitable space, as described in Subtitle C § 1507.2, in Square 907 in the NMU-7B/ES zone shall be subject to the IZ requirements.  
  • 200.5
  • 200.5
    A building or structure in existence with a valid Certificate of Occupancy prior to January 1, 2022, may convert existing gross floor area to the “Residential” use category of Subtitle B § 200.2 as a matter of right even if the building or structure or portion thereof to be converted does not comply with the following development standards of this subtitle for residential use:
    1. (a)
    2. (b)
    3. (c)
    4. (d)
      Height;
    5. (e)
    6. (f)
  • 200.6
  • 200.6
    Notwithstanding Subtitle H § 200.5, the requirements for ground floor designated uses of Subtitle H § 6001 shall apply.
  • 201.1
  • 201.1
    In the NMU zones, the matter-of-right building height, floor area ratio, and penthouse and rooftop structure height shall serve as the guidelines for a planned unit development
  • 300.1
  • 300.1
    The purposes of the NMU-3A/MW zone shall be those of the MU-3A zone, as set forth in Subtitle G § 101, those of the NMU zones, as set forth in Subtitle H § 101, and the following:
    1. (a)
      Provide for public review of large developments to ensure that they are compatible with and enhance the primary neighborhood retail function of the area;
    2. (b)
      Ensure new construction is compatible with and enhances the primary neighborhood retail function of the area; and
    3. (c)
      Limit the scale and massing of new buildings and a mix of uses that is in general compatible in scale with existing buildings 
  • 300.2
  • 300.2The NMU-3A/MW zone is intended to permit mixed-use development at a low density.
  • 301.1
  • 301.1
    The MU-3A zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-3A/MW zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.
  • 302.1
  • 302.1
    In the NMU-3A/MW zone, the designated use area shall include any lot that fronts on Wisconsin Avenue or Macomb or Newark Streets, N.W.
  • 303.1
  • 303.1
    In the NMU-3A/MW zone, the designated roadway shall be Wisconsin Avenue and Macomb Street, N.W. 
  • 304.1
  • 304.1
    In the NMU-3A/MW zone, on a lot that has ten thousand square feet (10,000 sq. ft.) or more of land area, construction of a new building or enlargement of the gross floor area of an existing building by fifty percent (50%) or more may be permitted, if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9.
  • 400.1
  • 400.1
    The purposes of the NMU-4/TK zone shall be those of the MU-4 zone, as set forth in Subtitle G § 101, those of the NMU zones, as set forth in Subtitle H § 101, and the following:
    1. (a)
      Reserve sufficient open space to provide adequate light and air to encourage retail and service uses, and pedestrian circulation in the vicinity of the Takoma Metro station;
    2. (b)
      Require a minimum clear floor-to-ceiling height on the ground floor sufficient to accommodate the needs of neighborhood-serving retail, service, and office uses;
    3. (c)
      Allow and encourage residential development to help meet the need for housing, enhance safety, and provide sufficient resident population to support neighborhood-serving retail, service, and office uses;
    4. (d)
      Permit mixed-use development at a moderate density;
    5. (e)
      Encourage residential development to enhance safety and provide resident population to support neighborhood-serving commercial uses; and
    6. (f)
      Limit the height of new buildings and encourage a scale of development and a mixture of building uses that is generally compatible in scale with existing buildings. 
  • 401.1
  • 401.1
    The MU-4 zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-4/TK zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.
  • 402.1
  • 402.1
    In the NMU-4/TK zone, the designated use area shall coincide with the zone boundaries.
  • 403.1
  • 403.1
    In the NMU-4/TK zone, the designated roadways shall be portions of 4th Street, N.W., Blair Road, N.W., Carroll Street, N.W., and Cedar Street, N.W. to the intersection with Carroll Street, N.W. 
  • 404.1
  • 404.1
    In the NMU-4/TK zone, those portions of buildings with a minimum clear floor-to-ceiling height of fourteen feet (14 ft.) on the ground floor level shall be permitted a total building height of fifty-five feet (55 ft.).
  • 405.1
  • 405.1
    In the NMU-4/TK zone, the street wall of each new building fronting on Blair Road, N.W., Cedar Street, N.W., and Carroll Street, N.W., or any addition to an existing building frontage on any of these streets, shall setback for its entire height and frontage not less than thirteen feet (13 ft.), measured from the adjacent curb line.
  • 405.2
  • 405.2
    In the NMU-4/TK zone, except as provided in Subtitle H § 405.3, the ground floor level of each new building or building addition shall have a minimum clear floor-to-ceiling height of fourteen feet (14 ft.).
  • 405.3
  • 405.3
    In the NMU-4/TK zone, buildings occupying or constructed on lots along the Blair Road, N.W. frontage of Square 3187 and Cedar Street, N.W. frontage of Squares 3352 and 3353 do not have to provide the designated retail and service establishments on the ground floor level required by Subtitle H § 6001.1, nor comply with the ground floor level floor-to-ceiling height requirement of Subtitle H § 405.2, if the ground floor level is devoted exclusively to residential uses.
  • 405.4
  • 405.4
    In the NMU-4/TK zone, if ground floor residential uses are established pursuant to Subtitle H § 405.3, no certificate of occupancy for a permitted non-residential use on the ground floor level may be issued unless the ground floor level of the subject building complies with the floor-to-ceiling height requirement of Subtitle H § 405.2.
  • 500.1
  • 500.1
    The purposes of the NMU-4/CP zone shall be those of the MU-4 zone, as set forth in Subtitle G § 101, those of the NMU zones, as set forth in Subtitle H § 101, and the following:
    1. (a)
      Encourage compatibility of development with the purposes of the Historic Landmark and Historic District Protection Act of 1978;
    2. (b)
      Limit the height of new buildings and encourage a scale of development and a mixture of building uses that is generally compatible in scale with existing buildings; and
    3. (c)
      Provide for retention of existing housing within the Cleveland Park commercial area to help meet the need for affordable housing and to enhance pedestrian activity, safety, and consumer support for businesses in the commercial area. 
  • 500.2
  • 500.2
    The NMU-4/CP zone is intended to permit mixed-use development at a moderate density.
  • 501.1
  • 501.1
    The MU-4 zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-4/CP zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.
  • 502.1
  • 502.1
    In the NMU-4/CP zone, the designated use area shall include any lot that fronts on Connecticut Avenue, N.W. or Macomb Street, N.W., Newark Street, N.W., Ordway Street, N.W., or Porter Street, N.W.
  • 503.1
  • 503.1
    In the NMU-4/CP zone, the designated roadway shall be Connecticut Avenue, N.W. 
  • 504.1
  • 504.1
    In the NMU-4/CP zone, the maximum permitted floor area ratio (FAR) shall be as set forth in the following table:
  •  

    TABLE H § 504.1: MAXIMUM PERMITTED FLOOR AREA RATIO

    Zone

    Maximum Total FAR

    Maximum Non-Residential FAR

    NMU-4/CP

    2.0

    2.4 (IZ)

    1.0

    505.1
  • 505.1
    In the NMU-4/CP zone, the maximum permitted height of buildings or structures, not including a penthouse or rooftop structure, shall be as set forth in the following table:
  •  

    TABLE H § 505.1: MAXIMUM HEIGHT AND NUMBER OF STORIES

    Zone

    Maximum Height, Not Including Penthouse or Rooftop Structure (ft.)

    Maximum Number of Stories

    NMU-4/CP

    40

    45 (IZ)

    No Limit

     

    600.1
  • 600.1
    The purposes of the NMU-4/WP zone shall be those of the MU-4 zone, as set forth in Subtitle G § 101, those of the NMU zones, as set forth in Subtitle H § 101, and the following:
    1. (a)
      Limit the height of new buildings; and
    2. (b)
      Encourage a scale of development and a mixture of building uses that are in general compatible in scale with existing buildings in the Woodley Park neighborhood.
  • 600.2
  • 600.2
    The purposes of the NMU-5A/WP zone shall be those of the MU-5A zone, as set forth in Subtitle G § 101, those of the NMU zones, as set forth in Subtitle H § 101, and the following:
    1. (a)
      Limit the height of new buildings; and
    2. (b)
      Encourage a scale of development and a mixture of building uses that are in general compatible in scale with existing buildings in the Woodley Park neighborhood.  
  • 601.1
  • 601.1
    The MU-4 zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-4/WP zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.
  • 601.2
  • 601.2
    The MU-5A zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-5A/WP zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.
  • 602.1
  • 602.1
    In the NMU-4/WP and NMU-5A/WP zones, the designated use area shall include any lot that fronts on Connecticut Avenue, N.W., Calvert Street, N.W., or 24th Street, N.W. For the purposes of Subtitle H § 6001.3, the designated use areas of NMU-4/WP and NMU-5A/WP zones shall be treated as a single use area.
  • 603.1
  • 603.1
    In the NMU-4/WP and NMU-5A/WP zones, the designated roadway shall be Connecticut Avenue, N.W. 
  • 604.1
  • 604.1
    In the NMU-4/WP and NMU-5A/WP zones, the maximum permitted floor area ratio (FAR) shall be as set forth in the following table:
  • TABLE H § 604.1: MAXIMUM PERMITTED FLOOR AREA RATIO

    ZonesMaximum Total FARMaximum Non-Residential FAR
    NMU-4/WP

    2.5

    3.0 (IZ)

    1.0
    NMU-5A/WP3.0
    3.6 (IZ)
    1.0

    TABLE H § 604.1: MAXIMUM PERMITTED FLOOR AREA RATIO

    ZonesMaximum Total FARMaximum Non-Residential FAR
    NMU-4/WP

    2.5

    3.0 (IZ)

    1.0
    NMU-5A/WP3.0
    3.6 (IZ)
    1.0

    TABLE H § 604.1: MAXIMUM PERMITTED FLOOR AREA RATIO

    ZonesMaximum Total FARMaximum Non-Residential FAR
    NMU-4/WP

    2.5

    3.0 (IZ)

    1.0
    NMU-5A/WP3.0
    3.6 (IZ)
    1.0

    TABLE H § 604.1: MAXIMUM PERMITTED FLOOR AREA RATIO

    ZonesMaximum Total FARMaximum Non-Residential FAR
    NMU-4/WP

    2.5

    3.0 (IZ)

    1.0
    NMU-5A/WP3.0
    3.6 (IZ)
    1.0

    605.1
  • 605.1
    In the NMU-4/WP and NMU-5A/WP zones, the maximum permitted building height, not including a penthouse or rooftop structure, shall be as set forth in the following table:
  •  

    TABLE H § 605.1: MAXIMUM HEIGHT

    Zones

    Maximum Height (ft.)

    NMU-4/WP

    40

    50 (IZ)

    NMU-5A/WP

    50

    55 (IZ)

    TABLE H § 605.1: MAXIMUM HEIGHT

    Zones

    Maximum Height (ft.)

    NMU-4/WP

    40

    50 (IZ)

    NMU-5A/WP

    50

    55 (IZ)

    TABLE H § 605.1: MAXIMUM HEIGHT

    Zones

    Maximum Height (ft.)

    NMU-4/WP

    40

    50 (IZ)

    NMU-5A/WP

    50

    55 (IZ)

    TABLE H § 605.1: MAXIMUM HEIGHT

    Zones

    Maximum Height (ft.)

    NMU-4/WP

    40

    50 (IZ)

    NMU-5A/WP

    50

    55 (IZ)

    606.1
  • 606.1
    In the NMU-5A/WP zone, the maximum permitted height of a penthouse or rooftop structure, except as limited in Subtitle C § 1501 on the roof of a single household dwelling or flat, shall be twelve feet (12 ft.), except as permitted in Subtitle H § 606.2.  
  • 606.2
  • 606.2
    In the NMU-5A/WP zone, the maximum permitted height of a penthouse for mechanical space shall be fifteen feet (15 ft.).
  • 606.3
  • 606.3
    The maximum number of stories for a penthouse or rooftop structure shall be one (1), except a second story shall be permitted for penthouse mechanical space.
  • 700.1
  • 700.1
    The purposes of the NMU-7B/ES zone shall be those of the MU-7 zone, as set forth in Subtitle G § 101, those of the NMU zones, as set forth in Subtitle H § 101, and the following:
    1. (a)
      Encourage and allow new neighborhood-serving retail and service businesses and office development in close proximity to the Navy Yard, with emphasis on firms that will conduct business with the Navy, as well as neighborhood-serving retail and service businesses;
    2. (b)
      Allow and encourage mixed-use development at a medium density, in the interest of securing economic development, while restricting building heights to a low-level density to respect the historic scale of buildings and the entrance to the adjacent Navy Yard; and
    3. (c)
      Provide for safe and efficient pedestrian movement by reducing conflicts between pedestrian and vehicular traffic, so as to improve access to retail and other businesses in the area.
  • 701.1
  • 701.1
    The MU-7B zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-7B/ES zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.
  • 702.1
  • 702.1
    In the NMU-7B/ES zone, the designated use area shall include any lot that fronts on Eighth Street, S.E., L Street, S.E., M Street, S.E., or Potomac Avenue, S.E.
  • 703.1
  • 703.1
    In the NMU-7B/ES zone, the designated roadways shall be Eighth Street, S.E., M Street, S.E., and Potomac Avenue, S.E. 
  • 704.1
  • 704.1
    In the NMU-7B/ES zone, the maximum permitted floor area ratio (FAR) shall be as set forth in the following table:
  • TABLE H § 704.1: MAXIMUM PERMITTED FLOOR AREA RATIO

    Zone

    Maximum Total FAR

    Maximum Non-Residential FAR

    NMU-7B/ES

    3.0

    3.6 (IZ)

    3.0

    704.2
  • 704.2
    Except for new penthouse habitable space as described in Subtitle C § 1507.2, the Inclusionary Zoning requirements, modifications, and bonus density of Subtitle C, Chapter 10 shall not apply to Square 907 in the NMU-7B/ES zone.
  • 705.1
  • 705.1
    In the NMU-7B/ES zone, the maximum permitted building height, not including a penthouse or rooftop structure, shall be as follows:
    1. (a)
      Forty-five feet (45 ft.); or
    2. (b)
      Fifty-five feet (55 ft.) for Inclusionary Developments provided that a one-to-one (1:1) building setback shall be provided for any portion of a building or structure facing Eighth Street, S.E., that exceeds forty-five feet (45 ft.). 
  • 706.1
  • 706.1
    In the NMU-7B/ES zone, the maximum permitted height of a penthouse or rooftop structure, except as limited in Subtitle C § 1501 on the roof of a single household dwelling or flat shall be twelve feet (12 ft.), except as permitted in Subtitle H § 706.2.
  • 706.2
  • 706.2
    In the NMU-7B/ES zone, the maximum permitted height of a penthouse for mechanical space shall be fifteen feet (15 ft.).
  • 706.3
  • 706.3
    The maximum number of stories for a penthouse or rooftop structure shall be one (1).
  • 707.1
  • 707.1
    The Board of Zoning Adjustment may grant as a special exception pursuant to Subtitle X, Chapter 9, the reduction or elimination of the required one-to-one (1:1) building setback under Subtitle H § 705.1(b); provided that the reduction or elimination of the required setback would not unduly impact the viewshed of the Latrobe Gate.
  • 707.2
  • 707.2
    The Office of Zoning shall refer the application to the Historic Preservation Office (HPO) for their review and recommendation, to be filed in the case record within the forty (40)-day period established by Subtitle A § 211.
  • 800.1
  • 800.1
    The purposes of the NMU-4/GA and NMU-7B/GA zones shall be those of the MU-4 and MU-7 zones as set forth in Subtitle G § 101, those of the Neighborhood Mixed-Use zones, as set forth in Subtitle H § 101, and the following:
    1. (a)
      Implement the objectives of the Georgia Avenue - Petworth Metro Station Area and Corridor Plan, approved by the Council of the District of Columbia, effective July 20, 2006 (Res. 16-686);
    2. (b)
      Implement the goals of the Great Streets Framework Plan for 7th Street - Georgia Avenue, published by the District Department of Transportation and dated 2006;
    3. (c)
      Encourage additional residential uses along the Georgia Avenue corridor;
    4. (d)
      Encourage improved commercial uses;
    5. (e)
      Provide uniform building design standards;
    6. (f)
      Set guidelines for development review through planned unit development (PUD) and special exception proceedings; and
    7. (g)
      Encourage vertically mixed-uses (ground floor commercial and residential above) within a quarter mile of the Georgia Avenue - Petworth Metrorail Station along Georgia Avenue, from Park Road to Shepherd Street.
  • 800.2
  • 800.2
    The NMU-4/GA zone is intended to permit mixed-use development at a moderate density, including additional residential uses above commercial uses; and
  • 800.3
  • 800.3
    The NMU-7B/GA zone is intended to permit mixed-use development at a medium density with a focus on employment, including additional residential uses above commercial uses.
  • 801.1
  • 801.1
    The MU-4 zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-4/GA zone except as specifically modified by this chapter.  In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.
  • 801.2
  • 801.2
    The MU-7B zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-7B/GA zone except as specifically modified by this chapter.  In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.
  • 802.1
  • 802.1
    In the NMU-4/GA and NMU-7B/GA zones, the designated use area shall coincide with the zone boundaries.
  • 803.1
  • 803.1
    In the NMU-4/GA and NMU-7B/GA zones, the designated roadway shall be Georgia Avenue, N.W.  
  • 804.1
  • 804.1
    In the NMU-4/GA and NMU-7B/GA zones, a planned unit development (PUD) shall be subject to the following provisions in addition to those of Subtitle X, Chapter 3:
    1. (a)
      Any additional height and floor area above that permitted as a matter of right in the zone shall be for residential use only; and
    2. (b)
      The minimum area included within the proposed PUD, including the area of public streets or alleys proposed to be closed, shall be a total of ten thousand square feet (10,000 sq. ft.). 
  • 805.1
  • 805.1
    In the NMU-4/GA zone, the maximum permitted building height, not including a penthouse or rooftop structure, shall be as set forth in the following table:
  •  

    TABLE H § 805.1: MAXIMUM HEIGHT

    Zones

    Maximum Height, Not Including Penthouse or Rooftop Structure (ft.)

    NMU-4/GA

    50

    55 (IZ)

    TABLE H § 805.1: MAXIMUM HEIGHT

    Zones

    Maximum Height, Not Including Penthouse or Rooftop Structure (ft.)

    NMU-4/GA

    50

    55 (IZ)

    TABLE H § 805.1: MAXIMUM HEIGHT

    Zones

    Maximum Height, Not Including Penthouse or Rooftop Structure (ft.)

    NMU-4/GA

    50

    55 (IZ)

    TABLE H § 805.1: MAXIMUM HEIGHT

    Zones

    Maximum Height, Not Including Penthouse or Rooftop Structure (ft.)

    NMU-4/GA

    50

    55 (IZ)

    805.2
  • 805.2
    In the NMU-4/GA and NMU-7B/GA zones, buildings subject to the minimum clear floor-to-ceiling height requirements of Subtitle H § 807.1(f) shall be permitted an additional five feet (5 ft.) of building height over that permitted as a matter of right in the zone.
  • 806.1
  • 806.1
    In the NMU-4/GA zone, the maximum permitted lot occupancy for a building or portion thereof devoted to residential use shall be as set forth in the following table:
  •  

    TABLE G § 806.1: MAXIMUM PERMITTED LOT OCCUPANCY 

    Zone

    Maximum Percentage of Lot Occupancy (%)

    Maximum Percentage of Lot Occupancy

    All Other Uses (%)

     
     

    NMU-4/GA

    70

    75 (IZ)

    N/A

     

    807.1
  • 807.1
    In the NMU-4/GA and NMU-7B/GA zones, the following design requirements shall apply to any lot other than a lot used for a public school:
    1. (a)
      Buildings shall be designed and built so that not less than seventy-five percent (75%) of the street wall at the street level shall be constructed to the property line abutting the street right-of-way;
    2. (b)
      Buildings on corner lots shall be constructed to all property lines abutting public streets;
    3. (c)
      On-grade parking structures with frontage on Georgia Avenue, N.W. shall provide not less than sixty-five percent (65%) of the ground level frontage as commercial space;
    4. (d)
      Each building on a lot that fronts on Georgia Avenue, N.W. shall devote not less than fifty percent (50%) of the surface area of the street wall at the ground level to entrances to commercial uses or to the building's main lobby, and to display windows having clear or clear/low emissivity glass. Decorative or architectural accents do not count toward the fifty percent (50%) requirement;
    5. (e)
      Security grilles over windows or doors shall have no less than seventy percent (70%) transparency;
    6. (f)
      The ground floor level of each building or building addition shall have a uniform minimum clear floor-to-ceiling height of fourteen feet (14 ft.);
    7. (g)
      Each commercial use with frontage on Georgia Avenue, N.W. shall have an individual public entrance directly accessible from the public sidewalk;
    8. (h)
      Buildings shall be designed so as not to preclude an entrance every forty feet (40 ft.) on average for the linear frontage of the building, excluding vehicular entrances, but including entrances to ground floor uses and the main lobby; and
    9. (i)
      Off-street surface parking shall be permitted in rear yards or below grade only. 
  • 807.2
  • 807.2
    The Board of Zoning Adjustment may grant as a special exception pursuant to Subtitle X, Chapter 9 and Subtitle H, Chapter 52, relief from the design requirements of Subtitle H § 807.1.
  • 808.1
  • 808.1
    In the NMU-4/GA and NMU-7B/GA zones, construction of a new building, or enlargement of the gross floor area of an existing building by fifty percent (50%) or more, on a lot that has twelve thousand square feet (12,000 sq. ft.) or more of land area is permitted only if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and Subtitle H, Chapter 52.
  • 900.1
  • 900.1
    The purposes of the H Street Northeast NMU zones (NMU-4/H-H, NMU-4/H-A, NMU-4/H-R, NMU-5A/H-H, NMU-5A/H-R, NMU-6B/H-H, NMU-7B/H-H, NMU-7B/H-A, NMU-8B/H-H) are to:
    1. (a)
      Implement the policies and goals of the H Street NE Strategic Development Plan as approved by the Council of the District of Columbia, effective February 17, 2004 (Res. 15-460);
    2. (b)
      Encourage the clustering of uses into unique destination sub-districts along the corridor, specifically a housing district from 2nd Street to 7th Street, N.E.; a neighborhood-serving retail shopping district from 7th Street to 12th Street, N.E.; and an arts and entertainment district from 12th Street to 15th Street, N.E.;
    3. (c)
      Establish design guidelines for new and rehabilitated buildings that are consistent with the historic character and scale of the H Street, N.E., commercial corridor;
    4. (d)
      Encourage new construction to preserve existing façades constructed before 1958; and
    5. (e)
      Encourage residential uses, the reuse of existing buildings, and the redevelopment of those portions of Squares 1026, 1027, 1049, and 1050 within the NMU-4/H-H, NMU-5A/H-H, NMU-6B/H-H, NMU-7B/H-H, NMU-8B/H-H, NMU-4/H-A, NMU-7B/H-A, NMU-4/H-R, and NMU-5A/H-R zones but not fronting H Street, N.E.
  • 900.2
  • 900.2
    The H Street Northeast Neighborhood Mixed-Use zones include a housing, arts, and retail sub-district, and are comprised of the NMU-4/H-H, NMU-4/H-A, NMU-4/H-R, NMU-5A/H-H, NMU-5A/H-R, NMU-6B/H-H, NMU-7B/H-H, NMU-7B/H-A, and NMU-8B/H-H zones.
  • 900.3
  • 900.3
    The H Street Northeast Neighborhood Mixed-Use Housing Sub-District is divided into the NMU-4/H-H, NMU-5A/H-H, NMU-6B/H-H, NMU-7B/H-H, NMU-8B/H-H zones.
  • 900.4
  • 900.4
    The H Street Northeast Neighborhood Mixed-Use Housing Sub-District zones are intended to:
    1. (a)
      Encourage residential uses along the H Street, N.E., corridor, particularly the provision of affordable units and reuse of upper floors;
    2. (b)
      Establish design guidelines for new and rehabilitated buildings that are consistent with the historic character and scale of the H Street, N.E., commercial corridor; and
    3. (c)
      Encourage the reuse of existing buildings along the corridor. 
  • 900.5
  • 900.5
    The NMU-4/H-H zone is intended to permit mixed-use development at a moderate-density with an emphasis on the provision of residential uses, particularly affordable units and reuse of upper floors.
  • 900.6
  • 900.6
    The NMU-5A/H-H zone is intended to permit mixed-use development at a moderate- to medium-density with an emphasis on the provision of residential uses, particularly affordable units and reuse of upper floors.
  • 900.7
  • 900.7
    The NMU-6B/H-H, NMU-7B/H-H, and NMU-8B/H-H zones are intended to permit mixed-use development at a medium-density with an emphasis on the provision of residential uses, particularly affordable units and reuse of upper floors.
  • 900.8
  • 900.8
    The H Street Northeast Neighborhood Mixed-Use Commercial Arts sub-district is divided into the NMU-4/H-A and NMU-7B/H-A zones.
  • 900.9
  • 900.9
    The H Street Northeast Neighborhood Mixed-Use Commercial Arts sub-district zones are intended to encourage arts and entertainment uses and a scale of development and a mixture of building uses that is generally compatible in scale with existing buildings.
  • 900.10
  • 900.10
    The NMU-4/H-A zone is intended to permit mixed-use development at a moderate density with an emphasis on arts and arts-related uses.
  • 900.11
  • 900.11
    The NMU-7B/H-A zone is intended to permit mixed-use development at a medium density with an emphasis on employment and the provision of arts and arts-related uses.
  • 900.12
  • 900.12
    The H Street Northeast Neighborhood Mixed-Use Retail Sub-District is divided into the NMU-4/H-R and NMU-5A/H-R zones.
  • 900.13
  • 900.13
    The H Street Northeast Neighborhood Mixed-Use Retail sub-district zones are intended to encourage retail uses and a scale of development and a mixture of building uses that is generally compatible in scale with existing buildings.
  • 900.14
  • 900.14
    The NMU-4/H-R zone is intended to permit mixed-use development at a moderate-density with an emphasis on the provision of retail uses.
  • 900.15
  • 900.15
    The NMU-5A/H-R zone is intended to permit mixed-use development at a moderate- to medium-density with an emphasis on the provision of retail uses.
  • 901.1
  • 901.1
    The MU-4 zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-4/H-A, NMU-4/H-H, and NMU-4/H-R zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.
  • 901.2
  • 901.2
    The MU-5A zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-5A/H-H and NMU-5A/H-R zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.
  • 901.4
  • 901.4
    The MU-7B zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-7B/H-A and NMU-7B/H-H zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.
  • 901.5
  • 901.5
    The MU-8B zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-8B/H-H zone except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.
  • 902.1
  • 902.1
    In the H Street Northeast Neighborhood Mixed-Use zones, the designated roadway shall be H Street, N.E.
  • 903.1
  • 903.1
    Except as provided in Subtitle H §§ 903.2 through 903.5, in the following H Street Northeast Neighborhood Mixed-Use zones, the maximum permitted floor area ratio (FAR) shall be as set forth in the following table:
  • TABLE H § 903.1: MAXIMUM PERMITTED FLOOR AREA RATIO

    Zones

    Maximum Total FAR

    Maximum Non-Residential FAR

    NMU-4/H-H

    2.5

    3.0 (IZ)

    0.5

    NMU-5A/H-H

    3.5

    4.2 (IZ)

    0.5

    NMU-6B /H-H

    6.0

    7.2 (IZ)

    0.5

    NMU-7B/H-H

    4.0

    4.8 (IZ)

    0.5

    NMU-8B/H-H

    5.0

    6.0 (IZ)

    0.5

    NMU-4/H-A

    2.5

    3.0 (IZ)

    1.0

    NMU-7B/H-A

    4.0

    4.8 (IZ)

    1.0

    TABLE H § 903.1: MAXIMUM PERMITTED FLOOR AREA RATIO

    Zones

    Maximum Total FAR

    Maximum Non-Residential FAR

    NMU-4/H-H

    2.5

    3.0 (IZ)

    0.5

    NMU-5A/H-H

    3.5

    4.2 (IZ)

    0.5

    NMU-6B /H-H

    6.0

    7.2 (IZ)

    0.5

    NMU-7B/H-H

    4.0

    4.8 (IZ)

    0.5

    NMU-8B/H-H

    5.0

    6.0 (IZ)

    0.5

    NMU-4/H-A

    2.5

    3.0 (IZ)

    1.0

    NMU-7B/H-A

    4.0

    4.8 (IZ)

    1.0

    TABLE H § 903.1: MAXIMUM PERMITTED FLOOR AREA RATIO

    Zones

    Maximum Total FAR

    Maximum Non-Residential FAR

    NMU-4/H-H

    2.5

    3.0 (IZ)

    0.5

    NMU-5A/H-H

    3.5

    4.2 (IZ)

    0.5

    NMU-6B /H-H

    6.0

    7.2 (IZ)

    0.5

    NMU-7B/H-H

    4.0

    4.8 (IZ)

    0.5

    NMU-8B/H-H

    5.0

    6.0 (IZ)

    0.5

    NMU-4/H-A

    2.5

    3.0 (IZ)

    1.0

    NMU-7B/H-A

    4.0

    4.8 (IZ)

    1.0

    TABLE H § 903.1: MAXIMUM PERMITTED FLOOR AREA RATIO

    Zones

    Maximum Total FAR

    Maximum Non-Residential FAR

    NMU-4/H-H

    2.5

    3.0 (IZ)

    0.5

    NMU-5A/H-H

    3.5

    4.2 (IZ)

    0.5

    NMU-6B /H-H

    6.0

    7.2 (IZ)

    0.5

    NMU-7B/H-H

    4.0

    4.8 (IZ)

    0.5

    NMU-8B/H-H

    5.0

    6.0 (IZ)

    0.5

    NMU-4/H-A

    2.5

    3.0 (IZ)

    1.0

    NMU-7B/H-A

    4.0

    4.8 (IZ)

    1.0

    903.2
  • 903.2
    In the NMU-4/H-H, NMU-5A/H-H, NMU-6B/H-H, NMU-7B/H-H, and NMU-8B/H-H zones, new construction that preserves a building façade constructed before 1958 is permitted a maximum non-residential FAR of 1.5, provided that at least 1.0 FAR shall be occupied by uses in the following categories:
    1. (a)
      Office, provided that the office use shall not be on the ground story;
    2. (b)
    3. (c)
      Service; or
    4. (d)
  • 903.3
  • 903.3
    In the NMU-4/H-A, NMU-4/H-R, NMU-5A/H-R, and NMU-7B/H-A zones, new construction that preserves an existing façade constructed before 1958 is permitted an increase of 0.5 FAR to the maximum permitted non-residential density for non-residential uses.
  • 903.4
  • 903.4
    New construction that preserves an existing façade constructed before 1958 is permitted an additional 0.5 FAR to the maximum permitted residential density for residential uses.
  • 903.5
  • 903.5
    On Square 776, a maximum non-residential density of 1.5 FAR shall be permitted for a grocery store use.
  • 904.1
  • 904.1
    In the H Street Northeast Neighborhood Mixed-Use zones, a planned unit development (PUD) shall be subject to the following provisions in addition to those of Subtitle X, Chapter 3:
    1. (a)
      Any additional height and floor area above that permitted as a matter of right shall be used only for housing or the designated uses;
    2. (b)
      The PUD process shall not be used to reduce requirements in this chapter for designated uses, specifically retail, service, entertainment, and arts uses;
    3. (c)
      The minimum area included within the proposed PUD, including the area of public streets or alleys proposed to be closed, shall be ten thousand square feet (10,000 sq. ft.);
    4. (d)
      Inclusionary Developments subject to the set-aside requirements of Inclusionary Zoning (IZ) pursuant to Subtitle C, Chapter 10, may use the height and lot occupancy and bonus density as the basis of calculating the set-aside requirements for IZ units;
    5. (e)
      The use of bonus FAR by a property also eligible to use the bonus provided for in Subtitle H § 903.2 shall be deemed to first utilize the bonus authorized for IZ units;
    6. (f)
      Use of the bonus density authorized in Subtitle H § 903.2 shall not count towards the IZ set-aside requirements of Subtitle C, Chapter 10; and
    7. (g)
      Bonus density achieved through Subtitle H § 903.2 that is in addition to the IZ requirements shall not count toward the IZ set-aside requirements of Subtitle C, Chapter 10. 
  • 905.1
  • 905.1
    In the following H Street Northeast Neighborhood Mixed-Use zones, the maximum permitted lot occupancy for a building or portion thereof devoted to residential use shall be as set forth in the following table:
  •  

    TABLE H § 905.1: MAXIMUM PERMITTED LOT OCCUPANCY

    Zones

    Maximum Percentage of Lot Occupancy (%)

    Maximum Percentage of Lot Occupancy

    All Other Uses (%)

    NMU-4/H-H

    NMU-4/H-A

    NMU-4/H-R

    70

    75 (IZ)

    N/A

    NMU-5A/H-H

    NMU-5A/H-R

    70

    80 (IZ)

    N/A

    NMU-6B/H-H

    70

    80 (IZ)

    N/A

    TABLE H § 905.1: MAXIMUM PERMITTED LOT OCCUPANCY

    Zones

    Maximum Percentage of Lot Occupancy (%)

    Maximum Percentage of Lot Occupancy

    All Other Uses (%)

    NMU-4/H-H

    NMU-4/H-A

    NMU-4/H-R

    70

    75 (IZ)

    N/A

    NMU-5A/H-H

    NMU-5A/H-R

    70

    80 (IZ)

    N/A

    NMU-6B/H-H

    70

    80 (IZ)

    N/A

    TABLE H § 905.1: MAXIMUM PERMITTED LOT OCCUPANCY

    Zones

    Maximum Percentage of Lot Occupancy (%)

    Maximum Percentage of Lot Occupancy

    All Other Uses (%)

    NMU-4/H-H

    NMU-4/H-A

    NMU-4/H-R

    70

    75 (IZ)

    N/A

    NMU-5A/H-H

    NMU-5A/H-R

    70

    80 (IZ)

    N/A

    NMU-6B/H-H

    70

    80 (IZ)

    N/A

    TABLE H § 905.1: MAXIMUM PERMITTED LOT OCCUPANCY

    Zones

    Maximum Percentage of Lot Occupancy (%)

    Maximum Percentage of Lot Occupancy

    All Other Uses (%)

    NMU-4/H-H

    NMU-4/H-A

    NMU-4/H-R

    70

    75 (IZ)

    N/A

    NMU-5A/H-H

    NMU-5A/H-R

    70

    80 (IZ)

    N/A

    NMU-6B/H-H

    70

    80 (IZ)

    N/A

    905.2
  • 905.2
    For the purposes of Subtitle H § 905.1, "residential uses" include single dwelling units, flats, multiple dwelling unit developments, and rooming and boarding houses.
  • 905.3
  • 905.3
    For the purposes of this chapter, the percentage of lot occupancy may be calculated on a horizontal plane located at the lowest level where residential uses begin.
  • 906.1
  • 906.1
    In the H Street Northeast Neighborhood Mixed-Use zones, the following design requirements apply to all new construction for which a building permit is required:
    1. (a)
      Buildings shall be designed and built so that not less than seventy-five percent (75%) of the streetwall(s) to a height of not less than twenty-five feet (25 ft.) shall be constructed to the property line abutting the street right-of-way. Buildings on corner lots shall be constructed to both property lines abutting public streets;
    2. (b)
      New construction that preserves an existing façade constructed before 1958 is permitted to use, for residential uses, an additional 0.5 FAR above the total density permitted in the underlying zone for residential uses;
    3. (c)
      Parking structures with frontage on H Street, N.E., Florida Avenue, N.E., Maryland Avenue, N.E., 13th Street, N.E., 14th Street, N.E., or 15th Street, N.E., shall provide not less than sixty-five percent (65%) of the ground level frontage as commercial space;
    4. (d)
      Each new building on a lot that fronts on H Street, N.E., Florida Avenue, N.E., Maryland Avenue, N.E., 13th Street, N.E., 14th Street, N.E., or 15th Street, N.E. shall devote not less than fifty percent (50%) of the surface area of the streetwall(s) at the ground level of each building to display windows having clear or clear/low-emissivity glass, except for decorative or architectural accent, and to entrances to commercial uses or to the building;
    5. (e)
      Security grilles shall have no less than seventy percent (70%) transparency;
    6. (f)
      Each commercial use with frontage on H Street, N.E., Florida Avenue, N.E., Maryland Avenue, N.E., 13th Street, N.E., 14th Street, N.E., or 15th Street, N.E. shall have an individual public entrance directly accessible from the public sidewalk. Multiple dwellings unit developments shall have at least one (1) primary entrance on H Street directly accessible from the sidewalk;
    7. (g)
      Buildings shall be designed so as not to preclude an entrance every forty feet (40 ft.), on average, for the linear frontage of the building, excluding vehicular entrances, but including entrances to ground floor uses and the main lobby;
    8. (h)
      The ground floor level of each new building or building addition shall have a uniform minimum clear floor-to-ceiling height of fourteen feet (14 ft.) if the building:
      1. (1)
        Fronts on H Street, N.E.; or
      2. (2)
        Fronts Florida Avenue, N.E., Maryland Avenue, N.E., 13th Street, N.E., 14th Street, N.E., or 15th Street, N.E., and would have ground floor space occupied by one (1) or more service, retail, or office uses permitted as a matter of right in the underlying zone;
    9. (i)
      Buildings subject to the minimum clear floor-to-ceiling height requirements of Subtitle H § 906.1(h) shall be permitted an additional five feet (5 ft.) of building height over that permitted in the zone;
    10. (j)
      Projection signs shall have a minimum clearance of eight feet (8 ft.) above a sidewalk and fourteen feet (14 ft.) above a driveway, project no more than three feet, six inches (3 ft., 6 in.) from the face of the building, and end a minimum of one foot (1 ft.) behind the curbline or extension of the curbline;
    11. (k)
      Façade panel signs shall not be placed so as to interrupt windows or doors and shall project no more than twelve inches (12 in.) from the face of the building; and
    12. (l)
      Roof signs are prohibited. 
  • 906.2
  • 906.2
    The Board of Zoning Adjustment may grant as a special exception pursuant to Subtitle X, Chapter 9 and Subtitle H, Chapter 52, relief from the design requirements of Subtitle H § 906.1, subject to the applicant demonstrating to the Board’s satisfaction that:
    1. (a)
      The project is consistent with the design intent of the design guidelines of the H Street NE Strategic Development Plan; and
    2. (b)
      The size, type, scale, and location of signs shall be compatible with the surrounding corridor and consistent with the design guidelines of the H Street NE Strategic Development Plan. 
  • 907.1
  • 907.1
    In the H Street Northeast Neighborhood Mixed-Use zones, construction of a new building, or enlargement of the gross floor area of an existing building by fifty percent (50%) or more, on a lot that has six thousand square feet (6,000 sq. ft.) or more of land area is permitted only if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and Subtitle H, Chapter 52.
  • 1000.1
  • 1000.1
    The purposes of the NMU-4/CC1 and NMU-4/CC2 zones shall be those of the MU-4 zone as set forth in Subtitle G § 101, those of the Neighborhood Mixed-Use zones, as set forth in Subtitle H § 101, and the following:
    1. (a)
       Implement the policies and goals of the Chevy Chase Small Area Plan as approved by the Council of the District of Columbia, effective July 12, 2022 (PR-0564);
    2. (b)
      Permit mixed-use development at a moderate density;
    3. (c)
      Permit reimagining of the Chevy Chase Community Center and Library site, including mixed-income housing and community gathering space;
    4. (d)
      Establish design guidelines that encourage sustainable, well designed new development that is compatible with the surrounding built environment and contributes to the main street character;
    5. (e)
      Establish Connecticut Avenue, N.W. between Western Avenue, N.W. and Livingston Street, N.W. as an attractive, active, pedestrian-oriented commercial corridor with a convenient mix of neighborhood-serving shops and services; and
    6. (f)
      Allow and encourage residential development to help meet the need for housing, by accommodating a greater range of resident diversity to advance the District’s housing equity goals, and by mapping both the NMU-4/CC1 and NMU-4/CC2 zones as subject to IZ Plus.
  • 1000.2
  • 1000.2
    The NMU-4/CC1 zone is intended to permit mixed-use development at a moderate density.
  • 1000.3
  • 1000.3
    The NMU-4/CC2 zone is intended to permit mixed-use development and institutional uses at a moderate density.
  • 1001.1
  • 1001.1
    The MU-4 zone development standards in Subtitle G, Chapter 2 shall apply to the NMU-4/CC1 and NMU-4/CC2 zones except as specifically modified by this chapter. In the event of a conflict between the provisions of this chapter and other regulations of this title, the provisions of this chapter shall control.
  • 1002.1
  • 1002.1
    In the NMU-4/CC1 and NMU-4/CC2 zones, the designated use area shall include any lot that fronts onto Connecticut Avenue, NW. Within this area, designated uses shall be provided pursuant to Subtitle H § 6001.
  • 1003.1
  • 1003.1
    In the NMU-4/CC1 and NMU-4/CC2 zones, the designated roadway shall be Connecticut Avenue, N.W.
  • 1004.1
  • 1004.1
    In the NMU-4/CC2 zone, the maximum permitted floor area ratio (FAR) shall be as set forth in the following table:
  •  

     Zone Maximum Total FARMaximum Non-Residential FAR 
     NMU-4/CC2

    3.0

    3.6 (IZ)

     1.5
       
     Zone Maximum Total FARMaximum Non-Residential FAR 
     NMU-4/CC2

    3.0

    3.6 (IZ)

     1.5
       
     Zone Maximum Total FARMaximum Non-Residential FAR 
     NMU-4/CC2

    3.0

    3.6 (IZ)

     1.5
       
     Zone Maximum Total FARMaximum Non-Residential FAR 
     NMU-4/CC2

    3.0

    3.6 (IZ)

     1.5
       

    1004.2
  • 1004.2
    In the NMU-4/CC1 zone, new construction that preserves an existing façade constructed before 1958 is permitted an increase of 0.5 FAR to the maximum permitted density.
  • 1005.1
  • 1005.1
    In the NMU-4/CC1 and NMU-4/CC2 zones, the maximum permitted building height, not including a penthouse or rooftop structure, shall be as set forth in the following table:
  •  

    Zones

    Maximum Height, Not Including Penthouse or Rooftop Structure (ft).

     
     

    NMU-4/CC2

    65

    65 (IZ)

     

     

    1005.2
  • 1005.2
    Buildings along the designated street should have a minimum height of twenty-five feet (25 ft).
  • 1006.1
  • 1006.1
    The requirements of Subtitle G § 207.8 shall not apply to the NMU-4/CC2 zone
  • 1006.2
  • 1006.2
    In the NMU-4/CC2:
    1. (a)
      The rear yard shall be measured from the east-most lot line of the existing property; and
    2. (b)
      The depth of the required rear yard shall be measured as the mean horizontal distance between the rear line of a building and the rear lot line abutting an alley or an R or RF zone.
  • 1007.1
  • 1007.1
    In the NMU-4/CC1 and NMU-4/CC2 zones, no side yard is required for a building or structure other than a detached or semi-detached single household dwelling; however, if a side yard is provided it shall be at least two inches (2 in.) wide for each one foot (1 ft.) of height of building but no less than six feet (6 ft.).
  • 1007.2
  • 1007.2
    Notwithstanding Subtitle H § 1007.1, where an NMU-4/CC1 or NMU-4/CC2 zone is not separated by an alley from an R or RF zoned property, a side yard shall be provided of least fifteen feet (15 ft.).
  • 1008.1
  • 1008.1
    In the NMU-4/CC2 zone, the maximum permitted lot occupancy for both residential use and all other uses shall be as set forth in the following table:
  • TABLE G § 1008.1: MAXIMUM PERMITTED LOT OCCUPANCY 

    Zone Maximum Percentage of Lot Occupancy Residential Use (%) 

    Maximum Percentage of Lot Occupancy

    All Other Uses (%)
     NMU-4/CC2

     

    60

    60 (IZ)

     60

    TABLE G § 1008.1: MAXIMUM PERMITTED LOT OCCUPANCY 

    Zone Maximum Percentage of Lot Occupancy Residential Use (%) 

    Maximum Percentage of Lot Occupancy

    All Other Uses (%)
     NMU-4/CC2

     

    60

    60 (IZ)

     60

    TABLE G § 1008.1: MAXIMUM PERMITTED LOT OCCUPANCY 

    Zone Maximum Percentage of Lot Occupancy Residential Use (%) 

    Maximum Percentage of Lot Occupancy

    All Other Uses (%)
     NMU-4/CC2

     

    60

    60 (IZ)

     60

    TABLE G § 1008.1: MAXIMUM PERMITTED LOT OCCUPANCY 

    Zone Maximum Percentage of Lot Occupancy Residential Use (%) 

    Maximum Percentage of Lot Occupancy

    All Other Uses (%)
     NMU-4/CC2

     

    60

    60 (IZ)

     60

    1009.1
  • 1009.1
    Enter text hereIn the NMU-4/CC1 zone, the following design requirements shall apply to a new building or addition on any lot fronting onto Connecticut Avenue, N.W., Livingston Street, N.W., McKinley Street, N.W., or Northampton Street, N.W.
    1. (a)
      No part of the building, including the penthouse or rooftop structure, shall project above a plane drawn at a forty-five degree (45°) angle from a line located twenty-five feet (25 ft.) directly above a rear property line that abuts an alley, or zone boundary line with an R or RF zone;
    2. (b)
      A set back of not less than three feet (3 ft.) shall be provided from the building façade along Connecticut Avenue, N.W. for:
      1. (1)
        Any portion of a building or structure above the third story; or
      2. (2)
        Any portion of a building or structure above a retained building façade pursuant to Subtitle H § 1009.1;
    3. (c)
      Buildings shall be designed and built so that not less than seventy-five percent (75%) of the street wall at the street level shall be constructed to the property line abutting the street right-of-way, not including permitted projections into public space;
    4. (d)
      Buildings shall be designed so as not to preclude an entrance every forty feet (40 ft.) on average for the linear frontage of the building;
    5. (e)
      Not less than fifty percent (50%) of the surface area of the street wall at the ground level of each building shall be devoted to display windows having clear or clear/low emissivity glass and to entrances to commercial uses or to the building;
    6. (f)
      Security grilles shall have no less than seventy percent (70%) transparency;
    7. (g)
      Not more than fifty percent (50%) of the front façade of each building above the ground level, or for a building which is retaining an existing façade, above the façade to be retained, may be devoted to windows or glazing of any type;
    8. (h)
      The ground floor level of each new building or building addition shall have a minimum clear floor-to-ceiling height of fourteen feet (14 ft.); 
    9. (i)
      A building which provides a ground floor level clear floor-to-ceiling height of eighteen feet (18 ft.) or more shall be permitted an additional five feet (5 ft.) of building height over that permitted in the zone;
    10. (j)
      Each space devoted to a designated use with frontage on Connecticut Avenue, N.W. shall have an individual public entrance directly at grade with the public sidewalk along Connecticut Avenue, N.W.;
    11. (k)
      On a corner lot that fronts onto both Connecticut Avenue, N.W. and a side street, any entrance to residential portions of the building shall be located on the side street;
    12. (l)
      Vehicle parking, loading and trash collection shall be accessed from the alley where an alley of exists.  Trash and recycling rooms shall be located internal to the building, and located at-grade level of the building; and
    13. (m)
      Vehicle parking spaces shall be located below or at grade.  If at grade, no portion of the parking shall be within twenty feet (20 ft.) of the Connecticut Avenue right of way and shall be screened along Connecticut Avenue with designated uses.
  • 1009.2
  • 1009.2
    The requirements of Subtitle H §§ 1009.2(c) through (i) shall not apply to a building preserving a front façade pursuant to Subtitle H § 1009.2.
  • 1009 SOURCE
    SOURCE:  Final Rulemaking & Order No. 23-25 published at 72 DCR 7328 (June 27, 2025)

    1010.1
  • 1010.1
    In the NMU-4/CC2 zone, the following design requirements shall apply to any building fronting onto Connecticut Avenue, N.W.:
    1. (a)
      No part of the building, including the penthouse or rooftop structure, shall project above a plane drawn at a forty-five degree (45°) angle from a line located twenty-five feet (25 ft.) directly above the rear property;
    2. (b)
      Vehicle parking, loading and trash collection shall be accessed only from adjacent streets, except Connecticut Avenue, N.W.  Trash and recycling rooms shall be located internal to the building and located at-grade level of the building; and
    3. (c)
      Vehicle parking spaces shall be located below or at grade.  If at grade, no portion of the parking shall be within twenty feet (20 ft.) of the Connecticut Avenue right of way and shall be screened along Connecticut Avenue with designated uses.
  • 5200.1
  • 5200.1
    Unless specifically provided for in this subtitle, the Board of Zoning Adjustment may not grant special exception relief from the density, height, and penthouse and rooftop structure development standards
  • 5200.2
  • 5200.2
    The Board of Zoning Adjustment may grant special exception relief from the development standards of this subtitle, pursuant to Subtitle X, Chapter 9 and subject to the following:
    1. (a)
      The building or feature for which the relief is sought, at the size, intensity, and location proposed, will substantially advance the stated purposes of the NMU zones, and will not adversely affect neighboring property, nor be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity; 
    2. (b)
      The architectural design of the project shall enhance the urban design features of the immediate vicinity in which it is located; and, if a historic district or historic landmark is involved, the Office of Planning report to the Board of Zoning Adjustment shall include review by the Historic Preservation Office and a status of the project's review by the Historic Preservation Review Board;
    3. (c)
      Exceptional circumstances exist, pertaining to the property itself or to economic or physical conditions in the immediate area, that justify the requested relief;
    4. (d)
      Vehicular access and egress are located and designed so as to encourage safe and efficient pedestrian movement, minimize conflict with principal pedestrian ways, to function efficiently, and to create no dangerous or otherwise objectionable traffic conditions;
    5. (e)
      Parking and traffic conditions associated with the operation of a proposed use shall not adversely affect adjacent or nearby residences;
    6. (f)
      Noise associated with the operation of a proposed use shall not adversely affect adjacent or nearby residences; and
    7. (g)
      The Board of Zoning Adjustment may impose requirements pertaining to design, appearance, signs, size, landscaping, and other such requirements as it deems necessary to protect neighboring property and to achieve the purposes of the NMU zone.
  • 5200.3
  • 5200.3
    Requested relief that does not comply with specific conditions or limitations of a special exception authorized by this subtitle shall be processed as a variance pursuant to Subtitle X, Chapter 10.
  • 5200 SOURCE
    SOURCE: Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR 11297 (August 25, 2023)

    6000.1
  • 6000.1
    This chapter contains the use permissions, conditions, and special exceptions for the NMU zones
  • 6000.2
  • 6000.2
    Uses are permitted as a matter of right or as a special exception.
  • 6000.3
  • 6000.3
    A condition on a matter-of-right use may limit a use category to one (1) or more specific uses, modify the characteristic(s) of a use, or limit a use to specific zone.
  • 6000.4
  • 6000.4
    Uses are permitted as either principal or accessory uses unless specifically permitted as only a principal or accessory use.
  • 6000.5
  • 6000.5
    Other accessory uses that are customarily incidental and subordinate to the principal uses permitted in this chapter shall be permitted.
  • 6000.6
  • 6000.6
    Designated uses, as described by this chapter, shall be provided pursuant to the requirements of Subtitle H § 6001. All other uses shall be provided pursuant to the requirements of this chapter.
  • 6000.7
  • 6000.7
    Antennas in NMU zones shall be controlled by Subtitle C, Chapter 13.
  • 6000.8
  • 6000.8
    Use groups for the NMU zones are as follows:
  •   TABLE H § 6000.8: NMU USE GROUPS 
    Use Group A Use Group B Use Group C 
     NMU-3A/MW

     NMU-4/TK

    NMU-4/CP

    NMU-4/WP

    NMU-4/GA

    NMU-4/H-H

    NMU-5A/H-H

    NMU-6B/H-H

    NMU-4/H-A

    NMU-4/H-R

    NMU-5A/H-R

    NMU-4/CC1

    NMU-4/CC2

    NMU-5A/WP

    NMU-7B/ES

    NMU-7B/GA

    NMU-7B/H-H

    NMU-8B/H-H

    NMU-7B/H-A
      TABLE H § 6000.8: NMU USE GROUPS 
    Use Group A Use Group B Use Group C 
     NMU-3A/MW

     NMU-4/TK

    NMU-4/CP

    NMU-4/WP

    NMU-4/GA

    NMU-4/H-H

    NMU-5A/H-H

    NMU-6B/H-H

    NMU-4/H-A

    NMU-4/H-R

    NMU-5A/H-R

    NMU-4/CC1

    NMU-4/CC2

    NMU-5A/WP

    NMU-7B/ES

    NMU-7B/GA

    NMU-7B/H-H

    NMU-8B/H-H

    NMU-7B/H-A
      TABLE H § 6000.8: NMU USE GROUPS 
    Use Group A Use Group B Use Group C 
     NMU-3A/MW

     NMU-4/TK

    NMU-4/CP

    NMU-4/WP

    NMU-4/GA

    NMU-4/H-H

    NMU-5A/H-H

    NMU-6B/H-H

    NMU-4/H-A

    NMU-4/H-R

    NMU-5A/H-R

    NMU-4/CC1

    NMU-4/CC2

    NMU-5A/WP

    NMU-7B/ES

    NMU-7B/GA

    NMU-7B/H-H

    NMU-8B/H-H

    NMU-7B/H-A
      TABLE H § 6000.8: NMU USE GROUPS 
    Use Group A Use Group B Use Group C 
     NMU-3A/MW

     NMU-4/TK

    NMU-4/CP

    NMU-4/WP

    NMU-4/GA

    NMU-4/H-H

    NMU-5A/H-H

    NMU-6B/H-H

    NMU-4/H-A

    NMU-4/H-R

    NMU-5A/H-R

    NMU-4/CC1

    NMU-4/CC2

    NMU-5A/WP

    NMU-7B/ES

    NMU-7B/GA

    NMU-7B/H-H

    NMU-8B/H-H

    NMU-7B/H-A

     

     

    6000 SOURCE
  • SOURCE: Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR 11297 (August 25, 2023); Final Rulemaking & Order No. 23-25 published at 72 DCR 7328 (June 27, 2025) 

  • 6001.1
  • 6001.1
    In the NMU zones, any building that occupies or is constructed on a lot in a designated use area shall provide designated retail and service establishments on the ground level according to the requirements of this chapter and any additional requirements of the particular zone.
  • 6001.2
  • 6001.2
    The NMU zone designated uses, for the purposes of this subtitle, are those permitted in the following use categories subject to any conditions of this section:
    1. (a)
    2. (b)
    3. (c)
    4. (d)
    5. (e)
      Financial and general services; and
    6. (f)
      Retail.  
  • 6001.3
  • 6001.3
    The designated uses shall occupy no less than fifty percent (50%) of the gross floor area of the ground floor level of the building within a designated use area, subject to the following requirements:
    1. (a)
      No more than twenty percent (20%) of the ground floor level area shall be financial services, travel agencies, or other ticket offices;
    2. (b)
      Except in the NMU-4/CC1, NMU-4/CC2, NMU-4/H-H, NMU-4/H-A, NMU-4/H-R, NMU-5A/H-H, NMU-5A/H-R, NMU-6B/H-H, NMU-7B/H-H, NMU-7B/ES, NMU-7B/H-A, and NMU-8B/H-H zones, eating and drinking establishments, and fast food establishments where permitted, shall be subject to the following limitations:
      1. (1)
        These uses shall occupy no more than twenty-five percent (25%) of the linear street frontage within a particular NMU zone, as measured along the lots in the designated use area in the particular zone; and
      2. (2)
        Except for fast food establishments, eating and drinking establishments may occupy the full ground floor requirements of this subsection; provided, that they shall remain subject to the linear street frontage requirement of paragraph (b)(1) of this subsection;
    3. (c)
      In the NMU-7B/ES zone, eating and drinking establishments shall occupy no more than fifty percent (50%) of the linear street frontage as measured along the lots that face the designated roadway of which no more than one-half (0.5) of the 50% of the linear street frontage shall be occupied by fast food establishments and prepared food shops;  
    4. (d)
      In those parts of the affected building or lot other than as delineated in this section, the matter-of-right use provisions of the zone shall apply; and
    5. (e)
      For the purposes of this section the designated use areas of the NMU-4/WP and NMU-5A/WP zones shall be treated as a single zone.
  • 6001.4
  • 6001.4
    The following conditions shall apply to the matter-of-right designated uses in a designated use area in the specified NMU zones:
    1. (a)
      In the NMU-3A/MW zone, entertainment and performing arts shall not be considered a designated use;
    2. (b)
      In the NMU-4/TK, NMU-4/H-H, NMU-5A/H-H, NMU-6B/H-H, NMU‑7B/H-H, and NMU-8B/H-H zones, residential uses may also be considered designated uses;
    3. (c)
      In the NMU-4/CP zone, no dwelling unit or rooming unit in existence as of October 1, 1987, shall be converted to any nonresidential use or to a transient use such as hotel or inn; provided, that this restriction shall not apply to the ground floor of the building; that is, that floor that is nearest in grade elevation to the sidewalk;
    4. (d)
      In the NMU-4/GA and NMU-7B/GA zones, liquor stores and pawn shops shall not be permitted;
    5. (e)
      In the NMU-7B/H-H and NMU-8B/H-H zones, catering establishments and bakeries may also be considered designated uses;
    6. (f)
      In the NMU-4/H-A and NMU-7B/H-A zones, designated uses shall be limited to uses within the arts, design and creation, and the eating and drinking use categories;
    7. (g)
      In the NMU-4/CC2 zone, designated uses shall also include Local Government and Parks and Recreation uses; and
    8. (h)
      In all NC zones, animal care as a matter-of-right designated use shall be limited to:
      1. (1)
        An establishment used by a licensed veterinarian for the practice of veterinary medicine subject to the following:
        1. (A)
           No more than fifty percent (50%) of the gross floor area of the veterinary office may be devoted to the boarding of animals;
        2. (B)
          The veterinary office shall be located and designed to create no objectionable conditions to adjacent properties resulting from animal noise, odor, or waste;
        3. (C)
          The veterinary office shall not abut an existing residential use or a residential zone;
        4. (D)
          External yards or other external facilities for the keeping of animals shall not be permitted; and
        5. (E)
          Pet grooming, the sale of pet supplies, and incidental boarding of animals as necessary for convalescence shall be permitted as accessory uses;
      2. (2)
        An animal grooming business provided there are no boarding facilities, and no external yards or other external facilities for the keeping of animals; and
      3. (3)
        An animal boarding use located in a basement or cellar space subject to the following:
        1. (A)
          The use shall not be located within twenty-five feet (25 ft.) of a lot within an R, RF, or RA zone. The twenty-five feet (25 ft.) shall be measured to include any space on the lot or within the building not used by the animal boarding use and any portion of a street or alley that separates the use from a lot within an R, RF, or RA zone. Shared facilities not under the sole control of the animal boarding use, such as hallways and trash rooms, shall not be considered as part of the animal boarding use;
        2. (B)
          There shall be no residential use on the same floor as the use or on the floor immediately above the animal boarding use;
        3. (C)
          Windows and doors of the space devoted to the animal boarding use shall be kept closed and all doors facing a residential use shall be solid core;
        4. (D)
          No animals shall be permitted in an external yard on the premises;
        5. (E)
          Animal waste shall be placed in a closed-waste-disposal containers and shall be collected by a licensed waste disposal company at least weekly;
        6. (F)
          Odors shall be controlled by means of an air filtration or an equivalently effective odor control system; and
        7. (G)
          Floor finish materials and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor shall be impervious and washable; and
      4. (4)
        Animal sales, including pet shops, shall not be permitted.
  • 6001.5
  • 6001.5
    In a NMU zone, no drive-through or drive-in operation shall be permitted as a principal or accessory use.
  • 6001 SOURCE
    SOURCE: Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR 11297 (August 25, 2023)

    6002.1
  • 6002.1
    Uses in those parts of a building or lot in a NMU zone that are not within a designated use area shall be permitted by Subtitle H § 6003 and the remainder of this chapter.
  • 6002.2
  • 6002.2
    When there is a difference between use permissions and conditions of this section and the designated use provisions and conditions of this chapter, the more restrictive provisions or conditions shall apply.
  • 6002 SOURCE
    SOURCE: Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR (August 25, 2023)

    6003.1
  • 6003.1
    The following uses in this section shall be permitted as a matter of right:
    1. (a)
      NMU zone designated uses;
    2. (b)
    3. (c)
    4. (d)
    5. (e)
      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;
      (f
    6. (f)
    7. (g)
    8. (h)
    9. (i)
    10. (j)
      Institutional, general and religious; 
    11. (k)
    12. (l)
      Office, including chancery;
    13. (m)
    14. (n)
    15. (o)
    16. (p)
    17. (q)
      Services, financial;
    18. (r)
      Short-Term Rental as an accessory use to a principal residential use; and
    19. (s)
  •  

     

    6003 SOURCE
    SOURCE: Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR (August 25, 2023)

    6004.1
  • 6004.1
    Enter text here.
  • 6004 SOURCE
    SOURCE: Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR (August 25, 2023)

    6005.1
  • 6005.1
    In areas other than designated use areas, the uses in this section shall be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the conditions applicable to each use below:
    1. (a)
      Animal boarding uses not meeting the conditions of Subtitle H § 6001.4(g)(3), subject to the following:
      1. (1)
        The animal boarding use shall take place entirely within an enclosed building;
      2. (2)
        Buildings shall be designed and constructed to mitigate noise to limit negative impacts on adjacent properties, including residential units located in the same building as the use. Additional noise mitigation shall be required for existing buildings not originally built for the boarding of animals, including the use of acoustical tiles, caulking to seal penetrations made in floor slabs for pipes, and spray-on noise insulation;
      3. (3)
        The windows and doors of the space devoted to the animal boarding use shall be kept closed, and all doors facing a residential use shall be solid core; 
      4. (4)
        No animals shall be permitted in an external yard on the premises;
      5. (5)
        Animal waste shall be placed in closed waste disposal containers and shall be collected by a waste disposal company at least weekly;
      6. (6)
        Odors shall be controlled by means of an air filtration system or an equivalently effective odor control system;
      7. (7)
        Floor finish material, and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor, shall be impervious and washable;
      8. (8)
        The Board of Zoning Adjustment may impose additional requirements pertaining to the location of buildings or other structures, entrances and exits; buffers, banners, and fencing, soundproofing, odor control, waste storage and removal (including frequency), the species and/or number of animals; or other requirements, as the Board deems necessary to protect adjacent or nearby property; and
      9. (9)
        External yards or other exterior facilities for the keeping of animals shall not be permitted.
    2. (b)
      Animal care uses, except for animal boarding uses subject to Subtitle H § 6005.1(a), not meeting the conditions of Subtitle H § 6001.4(g), subject to the following:
      1. (1)
        The use shall not be located on a lot that abuts an R, RF, or RA zone;
      2. (2)
        The use shall be located and designed to create no objectionable condition to adjacent properties resulting from animal noise, odor, or waste;
      3. (3)
        The use shall take place entirely within an enclosed and soundproofed building in such a way so as to produce no noise or odor objectionable to nearby properties. The windows and doors of the premises shall be kept closed;
      4. (4)
        All animal waste shall be placed in closed waste disposal containers and shall utilize a qualified waste disposal company to collect and dispose of all animal waste at least weekly. Odors shall be controlled by an air filtration system (for example, High Efficiently Particulate Air “HEPA” filtration) or an equivalently effective odor control system;
      5. (5)
        External yards or other external facilities for the keeping of animals shall not be permitted;
      6. (6)
        The sale of pet supplies shall be permitted as an accessory use;
      7. (7)
        The principal use shall not be for the housing, feeding, and care of stray or abandoned animals whether for profit or not for profit; and
      8. (8)
        The Board of Zoning Adjustment may impose additional requirements pertaining to the location of building entrances or exits; buffers, fencing; soundproofing; odor control; waste storage and removal (including frequency); the species and/or number and/or breeds of animals; or other requirements, as the Board of Zoning Adjustment deems necessary to protect adjacent or nearby property;
    3. (c)
      [RESERVED];
    4. (d)
      Community solar facility not meeting the requirements of Subtitle H § 6003.1(e), subject to the following conditions:
      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;
    5. (e)
      Emergency shelter uses for up to fifteen (15) persons, not including resident supervisors or staff and their families, subject to the following conditions: 
      1. (1)
        There shall be no other property containing an emergency shelter for seven (7) or more persons in the same square, or within a radius of five hundred feet (500 ft.) from any portion of the property;
      2. (2)
        There shall be adequate, appropriately located, and screened off-street parking to provide for the needs of occupants, employees, and visitors to the facility;
      3. (3)
        The proposed shelter shall meet all applicable code and licensing requirements;
      4. (4)
        The shelter shall not have an adverse impact on the neighborhood because of traffic, noise, operations, or the number of similar facilities in the area; and
      5. (5)
        The Board of Zoning Adjustment may approve more than one (1) Emergency Shelter use in a square or within five hundred feet (500 ft.) from the property only when the Board of Zoning Adjustment finds that the cumulative effect of the shelters will not have an adverse impact on the neighborhood because of traffic, noise, or operations;

       

    6. (f)

      Eating and drinking establishment use that is a prepared food shop with more than twenty-four (24) seats;

    7. (g)
      Education, college/university uses shall be permitted as a special exception subject to Subtitle X § 102 
    8. (h)

      Motor vehicle-related uses limited to the following and subject to the corresponding conditions:

      1. (1)

        The use is a gasoline service station to be established or enlarged, subject to the following conditions:

        1. (A)

          The use shall not be located within twenty-five feet (25 ft.) of an R, RF, or RA zone;

        2. (B)
          The operation of the use shall not create dangerous or other objectionable traffic conditions; and
        3. (C)
          Parking spaces may be arranged so that all spaces are not accessible at all times. All parking spaces shall be designed to allow parking and removal of any vehicles without moving any other vehicle onto public space;
    9. (i)
      Utility (basic) uses, other than an optical transmission node, but not including an EEF use, provided the use will not, as a consequence of its design, operation, low employee presence, or proximity to other electronic equipment facilities, inhibit future revitalization of the neighborhood, reduce the potential for vibrant streetscapes, deplete street life, or inhibit pedestrian or vehicular movement; and
    10. (j)
      Youth Rehabilitation Home, Adult Rehabilitation Home provided that the use shall house no more than fifteen (15) persons, not including resident supervisors or staff and their families.
  •  

    6005 SOURCE
    SOURCE: Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR (August 25, 2023)

    6006.1
  • 6006.1
    The following uses in this section shall be permitted as a matter of right subject to any applicable conditions:
    1. (a)
      Uses permitted as a matter of right in any R, RF, or RA zone;
    2. (b)
      Any uses permitted in Subtitle H § 6003; 
    3. (c)
      Animal sales, care, and boarding uses, subject to the conditions of Subtitle H § 6001.4(g);
    4. (d)
      Eating and drinking establishment uses, except for:
      1. (1)
        A prepared food shop shall be permitted as a matter of right with seating for no more than twenty-four (24) patrons; and
      2. (2)
        A fast food establishment and a food delivery business shall not be permitted as a matter of right;
    5. (e)
      Emergency shelter use for no more than four (4) persons, not including resident supervisors or staff and their families;
    6. (f)
      Education uses in the MU-5A/H-H, MU-6B/H-H, and MU-5A/H-R zones only;
    7. (g)
      Firearms retail sales establishments, except that no portion of the establishment shall be located within three hundred feet (300 ft.) of:
      1. (1)
        Any R, RF, RA, MU-1, or MU-2 zones; or
      2. (2)
        A place of worship, public or private school, public library, or playground;
    8. (h)
      Lodging uses, except that they shall not be permitted in the MU-4/CP and MU-4/WP zones;
    9. (i)
      Motor vehicle uses shall be limited to the following and subject to the corresponding conditions:
      1. (1)
        An automobile rental agency;
      2. (2)
        A car wash with stacking spaces for a minimum of fifteen (15) cars;
      3. (3)
        A gasoline service station with a valid certificate of occupancy that has not been replaced by another use with a valid certificate of occupancy; and
      4. (4)
        Gasoline service station as an accessory use to a parking garage or public storage garage; provided:
        1. (A)
          (A)       All portions of the gasoline service station shall be located entirely within the garage;
        2. (B)
          No part of the accessory use shall be visible from a sidewalk; and
        3. (C)
          Signs or displays indicating the existence of the accessory use shall not be visible from the outside of the garage;
    10. (j)
      Service (general) uses subject to the following limitations and corresponding conditions:
      1. (1)
        A self-service or full-service laundry, or dry-cleaning establishment shall not exceed two thousand five hundred square feet (2,500 sq. ft.) of gross floor area and no dry-cleaning chemicals shall be used or stored on site; and
      2. (2)
        Any establishment that has as a principal use the administration of massage shall not be permitted as a matter of right; and
    11. (k)
  • 6006 SOURCE
    SOURCE: Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR (August 25, 2023)

    6007.1
  • 6007.1
    In areas other than designated use areas, the uses in this section shall be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the conditions applicable to each use as follows:
    1. (a)
      Animal care and boarding uses not meeting the conditions of Subtitle H § 6001.4(g) for these uses, subject to the conditions of Subtitle H §§ 6005.1(a) and (b) for these uses;
    2. (b)
      [RESERVED];
    3. (c)
      Community solar facility not meeting the requirements of Subtitle H § 6003.1(e), 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; and
        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;
    4. (d)
      Emergency shelter uses for up to twenty-five (25) persons, not including resident supervisors or staff and their families, subject to the conditions in Subtitle H § 6005.1(e);
    5. (e)
      Eating and drinking establishment uses as follows:
      1. (1)
        Prepared food shop with seating for more than twenty-four (24) patrons; and
      2. (2)
        Fast food establishments or food delivery businesses shall be permitted, subject to the following conditions:
        1. (A)
          The uses shall not be permitted in the MU-4/WP zone;
        2. (B)
          No part of the lot on which the use is located shall be within twenty-five feet (25 ft.) of any R, RA, or RF zone unless separated therefrom by a street or alley;
        3. (C)
          If any lot line of the lot abuts an alley containing a zone boundary line for a residential zone, a continuous brick wall at least six feet (6 ft.) high and twelve inches (12 in.) thick shall be constructed and maintained on the lot along the length of that lot line. The brick wall shall not be required in the case of a building that extends for the full width of its lot;
        4. (D)
          Any refuse dumpsters shall be housed in a three- (3) sided brick enclosure equal in height to the dumpster or six feet (6 ft.) high, whichever is greater. The entrance to the enclosure shall include an opaque gate. The entrance shall not face an R, RA, or RF zone;
        5. (E)
          The use shall not include a drive-through;
        6. (F)
          There shall be no customer entrance in the side or rear of a building that faces a street or alley containing a zone boundary line for a residential zone; and
        7. (G)
          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; 
    6. (f)
      Education, college/university uses subject to Subtitle X § 102, in all the other zones in NMU Use Group B that are not allowed as a matter of right;
    7. (g)
      Motor vehicle-related uses are not permitted except for the following uses subject to the corresponding conditions:
      1. (1)
        The uses shall not be permitted in the NMU-4/H-A and NMU-4/H-R zones; and
      2. (2)
        A gasoline service station or repair garage not including body or fender work, subject to the following conditions:
        1. (A)
          The use shall not be located within twenty-five feet (25 ft.) of any R, RF, or RA zone;
        2. (B)
          The operation of the use shall not create dangerous or other objectionable traffic conditions; and
        3. (C)
          Parking spaces may be arranged so that all spaces are not accessible at all times. All parking spaces shall be designed to allow parking and removal of any vehicles without moving any other vehicle onto public space;
    8. (h)
      Motorcycle sales and repair uses subject to the following conditions:
      1. (1)
        The use and all its accessory facilities shall be located within a building; and
      2. (2)
        No portion of a building used for motorcycle sales and repair shall be located within fifty feet (50 ft.) of any R, RF, RA, MU-1, and MU-2 zones;
    9. (i)
      Parking as accessory parking spaces elsewhere than on the same lot or part of the lot on which any principal use subject to the following conditions:
      1. (1)
        The total number of parking spaces provided for the principal use shall not exceed the minimum number of spaces required for the principal use;
      2. (2)
        It shall be considered economically impracticable or unsafe to locate the parking spaces within the principal building or on the same lot on which the building or use is permitted because of the following:
        1. (A)
          Strip zoning or shallow zoning depth;
        2. (B)
          Restricted size of lot caused by adverse adjoining ownership or substantial improvements adjoining or on the lot;
        3. (C)
          Unusual topography, grades, shape, size, or dimensions of the lot;
        4. (D)
          The lack of an alley or the lack of appropriate ingress or egress through existing or proposed alleys or streets; or
        5. (E)
          Traffic hazards caused by unusual street grades or other conditions; and
      3. (3)
        The parking spaces shall be located, and all facilities in relation to the parking spaces shall be designed, so that they are not likely to become objectionable to adjoining or nearby property because of noise, traffic, or other objectionable conditions;
    10. (j)
      Service (general) uses subject to the following limitations and corresponding conditions:
      1. (1)
        A self-service or full-service laundry or dry-cleaning establishment that exceeds two thousand five hundred square feet (2,500 sq. ft.) of gross floor area; and
      2. (2)
        An establishment that has as a principal use the administration of massage;
    11. (k)
      Utility (basic) uses, other than an optical transmission node, but not including an EEF use, provided the Board of Zoning Adjustment concludes the use will not, as a consequence of its design, operation, low employee presence, or proximity to other electronic equipment facilities, inhibit future revitalization of the neighborhood, reduce the potential for vibrant streetscapes, deplete street life, or inhibit pedestrian or vehicular movement;
    12. (l)
      Youth Rehabilitation Home, Adult Rehabilitation Home provided that the use shall house no more than twenty (20) persons, not including resident supervisors or staff and their families. 
  • 6007 SOURCE
    SOURCE: Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR (August 25, 2023)

    6008.1
  • 6008.1
    The following uses in this section shall be permitted as a matter of right subject to any applicable conditions:
    1. (a)
      Uses permitted as a matter of right in any R, RF, or RA zone;
    2. (b)
      Uses permitted in Subtitle H § 6003;
    3. (c)
      Animal sales, care, and boarding uses subject to the conditions of Subtitle H § 6001.4(g);
    4. (d)
      Eating and drinking establishment uses, except a fast food establishment shall not be permitted as a matter of right;
    5. (e)
      Firearms retail sales establishments, except that no portion of the establishment shall be located within three hundred feet (300 ft.) of:
      1. (1)
        Any R, RF, RA, MU-1, or MU-2 zones; or
      2. (2)
        A place of worship, public or private school, public library, or playground;
    6. (f)
      Lodging uses, except these shall not be permitted in the NMU-5A/WP zone;
    7. (g)
      Service (general) uses subject to the following limitations and corresponding conditions:
      1. (1)
        A self-service or full-service laundry or dry-cleaning establishment shall not exceed five thousand square feet (5,000 sq. ft.) of gross floor area, and no dry-cleaning chemicals shall be used or stored on site; and
      2. (2)
        Any establishment that has as a principal use the administration of massage shall not be permitted; and
    8. (h)
      Utility (basic) uses subject to the following limitations and conditions:
      1. (1)
      2. (2)
        The use is an EEF that occupies no more than twenty-five percent (25%) of the above ground constructed gross floor area of the building; or
      3. (3)
        The use is located below ground floor. 
  • 6008 SOURCE
    SOURCE: Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR 11297 (August 25, 2023)

    6009.1
  • 6009.1

    In areas other than designated use areas, the uses in this section shall be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the conditions applicable to each use as follows:

    1. (a)

      Animal care and boarding uses not meeting the conditions of Subtitle H § 6001.4(g), subject to the conditions of Subtitle H §§ 6005.1(a) and (b);

    2. (b)

      Community solar facility not meeting the requirements of Subtitle H § 6003.1(e), subject to the following conditions:

      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;

    3. (c)
      Eating and drinking establishment use that is a fast food establishment, subject to the conditions of Subtitle H § 6007.1(e); except that the use shall not be permitted in the NMU-5A/WP zone;
    4. (d)
      Motor vehicle-related uses are not permitted except for the following uses subject to the corresponding conditions:
      1. (1)
        A gasoline service station or repair garage, subject to the following conditions
        1. (A)
          The use shall not be located within twenty-five feet (25 ft.) of an R, RF, or RA zone;
        2. (B)
          The operation of the use shall not create dangerous or other objectionable traffic conditions; and
        3. (C)
          Parking spaces may be arranged so that all spaces are not accessible at all times. All parking spaces shall be designed to allow parking and removal of any vehicles without moving any other vehicle onto public space;
      2. (2)
        Motorcycle sales and repair uses, subject to the following conditions:
        1. (A)
          The use and all its accessory facilities shall be located within a building; and
        2. (B)
          No portion of a building used for motorcycle sales and repair shall be located within fifty feet (50 ft.) of any R, RF, RA, MU-1, or MU-2 zones;
    5. (e)
      Parking as accessory parking spaces elsewhere than on the same lot or part of the lot on which any principal use subject to the following conditions:
      1. (1)
        The total number of parking spaces provided for the principal use shall not exceed the minimum number of spaces required for the principal use;
      2. (2)
        The applicant demonstrates to the Board’s satisfaction that it is economically impracticable or unsafe to locate the parking spaces within the principal building or on the same lot on which the building or use is permitted because of the following:
        1. (A)
          Strip zoning or shallow zoning depth;
        2. (B)
          Restricted size of lot caused by adverse adjoining ownership or substantial improvements adjoining or on the lot;
        3. (C)
          Unusual topography, grades, shape, size, or dimensions of the lot;
        4. (D)
          The lack of an alley or the lack of appropriate ingress or egress through existing or proposed alleys or streets; or
        5. (E)
          Traffic hazards caused by unusual street grades or other conditions; and
      3. (3)
        The parking spaces shall be located, and all facilities in relation to the parking spaces shall be designed, so that they are not likely to become objectionable to adjoining or nearby property because of noise, traffic, or other objectionable conditions;
    6. (f)
      An automated parking garage as a principal use located and designed so as it is not likely to become objectionable to adjoining or nearby property because of noise, traffic, or other objectionable conditions;
    7. (g)

      Service (general) uses not meeting the conditions of Subtitle H § 6008.1(g); and

    8. (h)

      Utility (basic) uses not meeting the conditions of Subtitle H § 6008.1(h) and subject to the use will not, as a consequence of its design, operation, low employee presence, or proximity to other electronic equipment facilities, inhibit future revitalization of the neighborhood, reduce the potential for vibrant streetscapes, deplete street life, or inhibit pedestrian or vehicular movement.

       

  • 6009 SOURCE
    SOURCE: Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR (August 25, 2023)

    6010.1
  • 6010.1
    Any use not permitted as a matter of right or as a special exception in this chapter shall be deemed to be prohibited.
  • 6010 SOURCE
    SOURCE: Final Rulemaking & Order No. 18-16/19-27-19-27B published at 70 DCR (August 25, 2023).