1803 SEFC/CR ZONING DISTRICT

1803.1 Uses subject to special exception review in the underlying CR zone district that are not listed in § 1803.2 as being subject to Zoning Commission review and approval, are not permitted within the SEFC/CR District.

1803.2 Within the SEFC/CR District, the following buildings, structures, and uses are permitted only if reviewed and approved by the Zoning Commission, in accordance with the standards specified in § 1808 and procedures specified in § 1809 of this Title:

(a) [REPEALED];

(b) Automobile, truck, or motorcycle accessory sales, including installation;

(c) Automobile rental agency, provided the use has no exterior automobile storage area;

(d) [REPEALED];

(e) Dental lab;

(f) Department store;

(g) Gas station;

(h) Hotel/inn;

(i) International organization;

(j) Library;

(k) Museum;

(l) Place of worship, which may include a parsonage, vicarage, rectory, or Sunday school building, as well as any related programs associated with the place of worship in accordance with § 216;

(m) School, private, public, or trade;

(n) All buildings and structures that have frontage along M Street, S.E.;

(o) Temporary parking lot or garage, for a maximum approval period of five (5) years, which may be renewed by the Zoning Commission, as a

principal use located at or above grade;

(p) Solid, freestanding wall and/or security gate exceeding a height of four (4) feet, including structural supports; and

(q) College or university, subject also to the regulations of § 615. For the purposes of the determination of FAR, floor area for all non-dormitory uses directly associated with "university or college" shall be considered non-residential, and not part of the retail required under § 1803.3.

1803.3 Within the SEFC/CR District, "preferred uses" listed in § 1807.2 of this Title shall be permitted in accordance with the following:

(a) Any building or structure with frontage on M Street, S.E. or N Street, S.E. shall provide preferred uses comprising a minimum of seventy-five percent (75%) of the frontage on M Street, S.E. or N Street, S.E. and a minimum of seventy-five percent (75%) of that portion of the gross floor area of the ground floor within a depth of fifty (50) feet from the exterior facade of the front of building, not including parking, parking access, mechanical and fire control rooms, and other non-public spaces. This requirement shall not apply to (i) buildings directly south of the historic wall along M Street, S.E. between 4th Street, S.E. and the Washington Navy Yard, for so long as the wall remains or (ii) any addition to a building with frontage on M Street, S.E. or N Street, S.E. if the addition to such building has no frontage on such streets but, as allowed pursuant to § 1803.3(b) below, preferred uses may be provided on the ground floor level of such buildings;

(b) In addition to the locations in which preferred uses are required pursuant to §1803.3(a), preferred uses may be provided on the ground floor level of buildings in other areas within the SEFC/CR District, but are not required. If provided, such preferred use area shall not be required to conform to the requirements of §§ 1803.3(a), (e), (f), and (g);

(c) In addition to the preferred uses listed in § 1807.2, the preferred use space requirement of § 1803.3(a) may also be met by any use listed in § 1803.2, other than those listed in § 1803.2 (b), (g), or (o), if reviewed and approved by the Zoning Commission in accordance with the standards specified in § 1808 and procedures specified in § 1809 of this Title;

(d) For good cause shown, the Commission may authorize interim occupancy of the preferred use space required under § 1803.3(a) by other uses permitted in the SEFC Overlay District for up to a five (5) year period; provided that the ground-floor space is suitably designed for future

occupancy by preferred uses;

(e) Not less than fifty percent (50%) of the surface area of the street wall, including building entrances, of those building frontages described in subsections 1803.3 (a), shall be devoted to doors or display windows having clear or low emissivity glass;

(f) Preferred uses shall provide direct, exterior access to the ground level;

(g) The minimum floor-to-ceiling height for portions of the ground floor level devoted to preferred uses shall be fourteen (14) feet; and

(h) Ground floor area required for preferred uses may not be transferred to any other lot through Combined Lot Development.

1803.4 In accordance with the procedures outlined in § 1810, two or more lots, whether contiguous or non-contiguous and whether located in the same square or other squares, within the SEFC/CR District may be combined for the purpose of allocating residential and non-residential uses regardless of the normal limitation on floor area by uses on each lot, provided that the aggregate residential and non-residential floor area shall not exceed the matter-of-right maximum height or density of the underlying zone districts, as may have been modified by the Overlay.

1803.5 The maximum building height in the SEFC/CR District shall not exceed 110 feet, unless the site has frontage on any portion of New Jersey Avenue, S.E. that is south of and within 322 feet of M Street, S.E., in which case a maximum height of 130 feet is permitted.

1803.6 Notwithstanding § 1803.5, a height of greater than 90 feet and no more than 110 feet shall be permitted for sites fronting on M Street, S.E. east of 4th Street, S.E. if reviewed and approved by the Zoning Commission pursuant to the procedures set forth in § 1809 herein. The Commission shall consider the relationship of the new building to the Navy Yard to the east and may require graduated height and/or design features because of the building's proximity to the Navy Yard.

1803.7 In the SEFC/CR District, the maximum permitted density shall be 6.0 FAR overall, not more than 3.0 FAR of which may be used for other than residential purposes, except that a site that is permitted a height of 130 feet is permitted a maximum non-residential density of 6.5 FAR through combined lot development, in accordance with the provisions outlined in § 1810.

1803.8 Any proposed building that has frontage along M Street, S.E. shall be subject to review and approval by the Zoning Commission. An applicant requesting

approval under this section must prove that the architectural design, site plan, landscaping, and sidewalk treatment of the proposed building are of superior quality, pursuant to the standards set forth in § 1808 and procedures set forth in § 1809.

1803.9 The streetwall of each new building along M Street, S.E. shall be set back for its entire height and frontage along M Street, S.E. not less than fifteen (15) feet measured from the face of the adjacent curb along M Street, S.E.1803.10 The streetwall of each new building along the east side of 4th Street, S.E. shall be set back for its entire height and frontage along 4th Street, S.E. not less than twenty (20) feet measured from the face of the adjacent curb along 4th Street, S.E.1803.11 No driveway may be constructed or used from M Street, S.E. to required parking spaces or loading berths in or adjacent to a new building.1803.12 [DELETED].1803.13 In the SEFC/CR District, a building containing residential uses which includes preferred uses in compliance with the requirements of § 1803.3(a), (e), (f), and (g), shall be permitted 100% lot occupancy for only the ground and second floors.1803.14 A record lot may be created with respect to the parcel on which Building 167 is located, notwithstanding other requirements of this title. Any enlargements or additions to Building 167 shall comply with all requirements of this title.1803.15 In the SEFC/CR District, the public space requirements of § 633 shall not be applicable.1803.16 Notwithstanding §§ 602.1(r) and 618, veterinary boarding hospital and veterinary hospital uses are permitted in the SEFC/CR Zone District, subject to the conditions below, which apply to both uses unless stated otherwise:- (a) No more than fifty percent (50%) of the gross floor area of a veterinary boarding hospital may be devoted to the boarding of animals;

- (b) A veterinary boarding hospital may board any animal permitted to be lawfully sold in the District of Columbia, pursuant to § 9(b) (1) of the Animal Control Act of 1979, effective October 18, 1979 (D.C. Law 3-30; D.C. Official Code § 8-1808 (h) (1));

- (c) A veterinary hospital may include the boarding of animals as necessary for convalescence;

- (d) Animal boarding at a veterinary boarding hospital shall take place entirely

within an enclosed and soundproof building so that no noise or odor emanates onto neighboring properties;

(e) Animal and animal waste odor shall be controlled by means of an air filtration system or an equivalently effective odor control system;

(f) External yards or other exterior facilities for the keeping of animals shall not be permitted;

(g) All animal waste shall be placed in closed waste disposal containers and shall be collected and disposed of at least once a week by a qualified waste disposal company; and

(h) Pet grooming and the sale of pet supplies are permitted only as accessory uses (i.e., not as an independent line of business).

SOURCE: Final Rulemaking published at 51 DCR 6850 (July 9, 2004); as amended by Final Rulemaking published at 54 DCR 3069 (April 6, 2007); as amended by Final Rulemaking published at 55 DCR 5729 (May 16, 2008); as amended by Final Rulemaking published at 61 DCR 3834 (April 11, 2014).