1302 DESIGNATED AND RESTRICTED USES

1302.1 Any building that occupies or is constructed on a lot in a designated use area within an NC Overlay District shall provide designated retail and service establishments on the ground level according to the requirements of this section and any additional requirements of the particular overlay district.

1302.2 The designated uses for purposes of this section are the following:

1. (a) Any use that is permitted as a matter of right in the C-1 District pursuant to §§ 701.1 or 701.4;
2. (b) Antique store or shop;
3. (c) Auction house;
4. (d) Blueprinting or similar reproduction service;
5. (e) Department store;
6. (f) Display stand or store for mail order sales;
7. (g) Dry goods store;
8. (h) Film exchange;
9. (i) Furniture store;
10. (j) Home furnishings sales;
11. (k) Interior decorating shop;
12. (l) Laundry, self service;
13. (m) Leather goods store;
14. (n) Library (other than public library);
15. (o) Musical instruments and accessories sales;
16. (p) Office supplies and equipment sales;
17. (q) Optical goods store;
18. (r) Pet shop;
19. (s) Photographic studio;
20. (t) Picture framing studio or shop;
21. (u) Precision instrument sales;
22. (v) Tailor shop or valet shop;
23. (w) Telegraph office; and

(x) Theater, including motion picture theater.

1302.3 If the underlying zone district is C-1, the designated uses shall include only those uses that are referenced in paragraphs (a) and (b) of § 1302.2.

1302.4 The designated uses listed in § 1302.2 shall occupy no less than fifty percent (50%) of the gross floor area of the ground level of the building, subject to the following requirements:

(a) No more than twenty percent (20%) of the ground level floor area shall be devoted to banks, loan offices or other financial institutions, travel agencies, or other ticket offices;

(b) The ground level floor shall be the floor that is nearest in grade elevation to the sidewalk; and

(c) In those parts of the affected building or lot other than as delineated in this section, the use provisions of the underlying zone district shall apply.

1302.5 Restaurants, fast food establishments, and prepared food shops shall be subject to the following limitations:

(a) These uses shall occupy no more than twenty-five percent (25%) of the linear street frontage within a particular NC Overlay District, as measured along the lots that face designated roadways in the particular district; and

(b) Except for a fast food restaurant, such uses may be applied to fulfill the requirements of § 1302.4; provided, that when such uses are so applied, they shall remain subject to the provisions of paragraph (a) of this subsection.

SOURCE: Final Rulemaking published at 36 DCR 7616, 7617 (November 3, 1989); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8444 (October 20, 2000); as amended by Final Rulemaking published at 50 DCR 10822 (December 19, 2003); as amended by Final Rulemaking published at 54 DCR 9393 (September 28, 2007).