1505.1 For the purposes of calculating floor area ratio for the building, the aggregate square footage of all levels or stories of a penthouse measuring six and one-half feet (6.5 ft.) or more in height shall be included in the gross floor area contributing to the total floor area ratio permitted for the building, with the following exceptions:

(a) Penthouse mechanical space;

(b) Communal recreation or amenity space for residents or non-residential tenants of the building;

(c) Penthouse habitable space, other than as exempted in paragraph (b) of this subsection, with a floor area ratio of less than four-tenths (0.4); and

(d) Mechanical equipment owned and operated by a fixed right-of-way public mass transit system.

1505.2 For any property fronting directly onto Independence Avenue, S.W. between 12th and 2nd Streets, S.W., penthouses or rooftop structures, including any combination of mechanical or habitable penthouse space, shall not exceed one-third (1/3) of the total roof area upon which the penthouse or rooftop structure sits.

1505.3 Areas within curtain walls without a roof used where needed to give the appearance of one (1) structure shall not be counted in floor area ratio but shall be computed as a penthouse to determine if they comply with Subtitle C § 1505.2.

SOURCE: Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 5174 (May 11, 2018); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021).