2515 EXCEPTIONS TO DENSITY REGULATIONS FOR OPEN ARCADES

2515.1 This section establishes the standards and requirements for arcades to receive a floor area ratio credit.2515.2 This section is designed to encourage open arcades at sidewalk level, to increase pedestrian convenience, and to result in greater open area adjacent to public streets without loss of rental floor space.2515.3 An open arcade shall be allowed a floor area ratio credit not to exceed twenty-five percent (25%) of the gross floor area of the floor that is adjacent to the arcade. Open arcades constructed in commercial (C) districts within the Central Employment Area after May 7, 2004 are ineligible for this credit.2515.4 An open arcade shall be permitted in all R-5, SP, W, CR, and C Districts except C-5 (PAD); provided, that the requirements of this section shall be met.2515.5 An open arcade shall provide pedestrian access to and along a building and shall extend for the entire side of the building or other structure and adjoin a street or pedestrian way at sidewalk level. This open arcade shall be designed to meet and carry through the arcades of adjoining buildings.2515.6 The floor area ratio credit granted by this section shall apply only to those areas embraced within the perimeter of the open arcade. Where vehicular access is permitted across an arcade area, the portion of the arcade encompassed by the access space shall not be counted for the purposes of this section.2515.7 An open arcade shall be not less than ten feet (10 ft.) in width at any point, including piers, columns, or arches. The minimum open, unobstructed passageway shall be seven feet (7 ft.) in width.2515.8 An open arcade shall be not less than nine feet (9 ft.) in height at any point within the arcade.2515.9 An open arcade shall have its floor at the same level and continuous with the sidewalks, and shall connect to existing, adjoining open arcades or shall be constructed to permit this connection in the future; provided, that where the existing arcade is at a different elevation, the new arcade connection shall be made in a barrier-free manner.2515.10 The use of the area within an open arcade shall be restricted essentially to pedestrian uses, and vehicular access to or through an open arcade shall be minimized.2515.11 In commercial buildings, an open arcade shall include retail and service uses fronting on at least sixty percent (60%) of the arcade, with these uses directly accessible from the open arcade.2515.12 The additional gross floor area permitted under § 2515.3 shall not be counted in determining the number of off-street parking spaces or loading berths.2515.13 Notwithstanding the limitations of § 771.2 of this title, and subject to §§ 2515.14 and 2515.15, an open arcade existing in a building in a commercial (C) district in the Central Employment Area on May 7, 2004, may be enclosed.2515.14 An open arcade area enclosed pursuant to § 2515.13 shall be solely devoted to retail, arts, or service uses permitted as a matter of right.

2515.15 An open arcade may not be enclosed if it is located in a building that:

(a) Is a historic landmark or has been designated as contributing to a historic district; and

(b) The Historic Preservation Review Board has determined that the arcade constitutes a feature contributing to the building's historic or architectural significance

SOURCE: §§ 7614.1, 7614.2 and 7614.3 of the Zoning Regulations (April 1981); 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, 8530 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 4785, 4790(May 7 2004).