509.1 Preferred use requirements shall apply only to the following designated streets:

1. (a) M Street, S.E. or S.W.;
2. (b) Half Street, S.E.;
3. (c) First Street, S.E.; and
4. (d) Potomac Avenue, S.W.

509.2 Preferred uses of this section shall include uses within the following use categories:

1. (a) Animal sales, care, and boarding;
2. (b) Arts, design, and creation;
3. (c) Eating and drinking establishments;
4. (d) Entertainment, assembly, and performing arts;
5. (e) Retail; and
6. (f) Service, general or financial.

509.3 Any new building with frontage on the streets identified in Subtitle K § 509.1 shall comply with the following:

1. (a) Except for buildings with street frontage on Potomac Avenue, S.W., buildings shall devote not less than 0.5 FAR of the ground floor gross floor area to one (1) or more of the preferred uses;
2. (b) For buildings with street frontage on Potomac Avenue, S.W., one (1) or more preferred uses must be provided on the ground floor for a minimum depth of seventy-five feet (75 ft.) from the building's Potomac Avenue frontage;
3. (c) Devote no more than twenty-five percent (25%) of the ground floor gross floor area preferred use requirement to service uses (general or financial);
4. (d) Devote one hundred percent (100%) of the building's street frontage along the designated street to preferred uses except for space devoted to building

entrances or required for fire control; and

(e) For good cause shown, the Zoning Commission may authorize interim occupancy by a non-preferred use of the preferred use space required by that this subsection for up to five (5) years, provided that:

(1) The interim non-preferred use space is suitably designed for future occupancy by a preferred use; and

(2) The interim non-preferred use space is designed to fully meet the applicable design regulations of Subtitle K § 510.

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 65 DCR 11927 (October 26, 2018); as amended by Final Rulemaking published at 67 DCR 11696 (October 9, 2020).