1804 SEFC/R-5-D AND R-5-E ZONING DISTRICTS

1804.1 Within the SEFC/R-5-D and R-5-E Districts, the following buildings, structures, and uses are not permitted:

1. (a) One-family dwelling or flat;
2. (b) Parking lot or garage as a principal use located on or above grade, except as a temporary use as permitted by special exception in § 1804.2;
3. (c) Sanitarium; and
4. (d) Uses subject to special exception review in the underlying R-5-D or R-5-E zone districts that are not listed in § 1804.2 as being subject to Zoning Commission review and approval.

1804.2 Within the SEFC/R-5-D and R-5-E Districts, 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:

1. (a) Arts, cultural, or hotel use, subject to an overall cap of 1.0 FAR;
2. (b) Hospital;
3. (c) Place of worship, which may include parsonage, vicarage, rectory, and Sunday school building, as well as any programs associated with the place of worship in accordance with § 216;
4. (d) Private club, lodge, fraternity house, sorority house, or dormitory;
5. (e) School, private, public, or trade;
6. (f) All buildings and structures that abut the Open Space Area, as described in § 1805.4, whether or not a street intervenes but excluding buildings and structures that abut the Development Area, including existing Building 160 and any additions thereto and any building or structure to be constructed immediately to the east of Building 160 (i.e., north of Water Street, S.E., west of 4th Street, S.E. east of Third St., S.E., and south of Tingey Street, S.E.).
7. (g) Temporary parking lot or garage, for a maximum approval period of five (5) years, which may be renewed by the Zoning Commission, as a principal use, located at or above grade;
8. (h) Solid, freestanding wall and/or security gate exceeding a height of four (4) feet; and
9. (i) University or college, subject also to the regulations of § 210.

1804.3 Within the SEFC/R-5-D and R-5-E Districts, "preferred uses" listed in § 1807.2 are permitted in accordance with the following:

1. (a) Preferred uses shall be provided in any building or structure facing:
2. (i) Tingey Street, S.E., west of 4th Street, S.E., and east of 4th Street, S.E., but in the latter case, and only along the southern side of Tingey Street, S.E., for a length of fifty (50) feet minimum as measured from the west

exterior facade of any building or structure constructed on the southeast corner of Tingey St., S.E. and 4th Street, S.E., or

(ii) the SEFC/WO District.

Where required, preferred uses shall comprise a minimum of seventy-five (75%) of the frontage facing Tingey Street, S.E., or the SEFC/W-O District, and a minimum of seventy-five percent (75%) of the applicable 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 the building, not including parking, parking access, mechanical and fire control rooms, and other non-public spaces.

The requirement to provide preferred uses shall not apply to any addition to a building facing onto Tingey Street, S.E. or the SEFC/W-O District if the addition to the building has no frontage facing onto Tingey Street, S.E. or the SEFC/W-O District, but, as allowed pursuant to § 1804.3(b) below, preferred uses may be provided on the ground floor level of such addition.

For Building 160, notwithstanding the requirements noted above, the total amount of preferred use space shall be a minimum of 3,000 square feet of space facing Tingey Street, S.E. and a minimum of 6,000 square feet of space facing Water Street, S.E., for a total of at least 9,000 square feet.

(b) In addition to the locations in which preferred uses are required pursuant to § 1804.3(a), preferred uses may be provided on the ground floor level of buildings or structures in other areas within the SEFC/R-5-D and SEFC/R-5-E Districts, but are not required. If provided, such preferred use area shall not be required to conform to the requirements of § 1804.3(a), (e), (f), and (g). If the bonus density authorized pursuant to § 1804.3(c) is used to provide non-required preferred uses, the preferred use area must be dedicated to preferred uses for the life of the building;

(c) The density associated with preferred uses shall be in addition to otherwise permitted FAR, and shall not exceed 0.5 FAR;

(d) For good cause shown, the Commission may authorize interim occupancy of the preferred use space required under § 1804.3(a) by other uses permitted in the SEFC/R-5-D and R-5-E Districts 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 dedicated to preferred uses described in § 1804.3(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; and

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

1804.4 The maximum permitted height in the SEFC/R-5-E District shall be 110 feet and in the SEFC/R-5-D District it shall be 90 feet.

1804.5 For the purposes of § 2511 of this Title and for the purpose of achieving the height permitted in § 1804.4, the SEFC/R-5-D and R-5-E Districts are considered "Mixed-Use" Districts.

1804.6 In the SEFC/R-5-D and SEFC/R-5-E Districts, a building which includes preferred uses in compliance with the requirements of §1804.3(a) shall be permitted 100% lot occupancy for only the ground and second floors.

SOURCE: Final Rulemaking published at 51 DCR 6850 (July 9, 2004); as amended by Final Rulemaking published at 55 DCR5731 (May 16, 2008).