1301.1 The maximum permitted density in the NYE zone is 7.0 FAR. The Zoning Commission may, at its discretion, grant an additional 1.0 FAR, up to a maximum FAR of 8.0, if such additional 1.0 FAR is devoted solely to residential uses, which, for the purposes of this subsection, does not include hotel uses, subject to the applicant addressing to the satisfaction of the Zoning Commission the objectives and guidelines of this section and the standards of Subtitle K § 1310.3, as applicable.

1301.2 The maximum permitted building height, not including a penthouse or rooftop structure, in the NYE zone shall be the height as permitted under the Height Act, except that no additional height shall be allowed on Buildings 68, 70, and 123 and any portion of a building or structure that exceeds one hundred and ten feet (110 ft.) in height shall provide a one-to-one (1:1) step-back from the building lot line along Parsons Avenue, S.E.

1301.3 The maximum permitted height of a penthouse or rooftop structure in the NYE zone shall be twenty feet (20 ft.); and the maximum number of stories within the penthouse shall be one (1), plus a mezzanine, except that a second story for penthouse mechanical space shall be permitted.

1301.4 The height and density limits of Subtitle K § 1301 shall serve as the maximum permitted under a planned unit development.

1301.5 The maximum permitted lot occupancy in the NYE zone shall be eighty percent (80%) for residential uses.

1301.6 No side yard is required for a principal building; however, any side yard provided on any portion of the principal building shall be at least two inches (2 in.) per one foot (1 ft.) of height, and no less than five feet (5 ft.).

1301.7 A minimum rear yard of two and one-half inches (2.5 in.) per one foot (1 ft.) of vertical distance from the mean finished grade at the middle of the rear of a structure to the highest point of the main roof or parapet wall, but not less than twelve feet (12 ft.) shall be provided, subject to the following conditions:

(a) A horizontal plane may be established at twenty feet (20 ft.) above the mean finished grade at the middle of the rear of the structure for the purpose of measuring rear yards;

(b) A rear yard is not required to be provided below a horizontal plane as described in Subtitle K §1301.7(a);

(c) Where a lot abuts an alley, the rear yard may be measured from the center

line of the alley to the rear wall of the building or other structure; and

(d) Where a lot does not abut an alley, the rear yard shall be measured from the rear lot line to the rear wall of the building or other structure.

1301.8 In the case of a lot fronting on one (1) or more public or private streets, a court complying with the width requirements for a closed court may be provided in lieu of a rear yard. For the purposes of this section, the required court shall be provided above a horizontal plane beginning not more than twenty feet (20 ft.) above the curb grade opposite the center of the front of the building and the width of the court shall be computed for the entire height of the court.

1301.9 A court is not required in the NYE zone, but where it is provided, it shall have the following minimum dimensions:

Type of Structure	Minimum Width Open Court	Minimum Width Closed Court	Minimum Area Closed Court
Residential, more than 3 units	4 in./ft. of height of court; 10 ft. minimum	4 in./ft. of height of court; 15 ft. minimum	Twice the square of the required width of court dimension; 350 sq. ft. minimum
Non-Residential and Lodging	2.5 in./ft. of height of court; 6 ft. minimum	2.5 in./ft. of height of court; 12 ft. minimum	Twice the square of the required width of court dimension; 250 sq. ft. minimum

1301.10 The minimum required GAR for the NYE zone shall be 0.3.

SOURCE: Final Rulemaking published at 72 DCR 006195 (May 23, 2025).