811. USE PERMISSIONS (ARTS)

USE PERMISSIONS (ARTS) In an ARTS zone, the retail and service uses shall be permitted as a matter of right subject to the conditions of this section. In the ARTS-1 and ARTS-2 zones, arts uses in Subtitle U, Chapter 7 shall be permitted as a matter of right in addition to the MU-Use Group E standards of Subtitle U, Chapter 5, subject to the limitations and conditions of this chapter. In the ARTS-3 zone, the arts uses in Subtitle U, Chapter 7 shall be permitted as a matter of right in addition to the MU-Use Group F standards of Subtitle U, Chapter 5, subject to the limitations and conditions of this chapter. In the ARTS-4 zone, the arts uses in Subtitle U, Chapter 7 shall be permitted as a matter of right in addition to the MU-Use Group G standards of Subtitle U, Chapter 5, subject to the limitations and conditions of this chapter. Where there is a conflict between this chapter and Subtitle U, this chapter shall govern. Arts use groups listed in Subtitle U § 700.6 subject to the restriction on eating and drinking establishments of Subtitle K § 811.9, retail, service, general, and service, financial uses shall occupy no less than fifty percent (50%) of the ground floor level of each building on a lot that fronts on 14th Street, U Street, 7th Street, or Florida Avenue between 7th and 9th Streets; provided, this requirement shall not apply to a building located on a lot less than fifty feet (50 ft.) in width, measured along the property line that abuts the public street, if the building is used as an apartment house, multiple dwelling, or hotel. A hotel shall be permitted as a matter of right provided no other hotel is located within five hundred feet (500 ft.). No drive-through accessory to any use shall be permitted. Eating and drinking establishments shall be subject to the following limitations: No more than fifty percent (50%) of the ground floor linear frontage on the named street within each individual square set forth in the table below, and within an ARTS zone, shall be devoted to eating and drinking establishments: TABLE K § 811.9(a): LINEAR FRONTAGE OF EATING AND DRINKING ESTABLISHMENTS 14th Street, N.W. U Street, N.W. Square Frontage (feet) Square Frontage (feet) 202 222.5 204 305.3 203 310.0 205 618.0 204 320.0 236 523.4 205 430.6 237 538.5 206 399.8 273 303.3 207 450.1 274 340.9 208 400.0 304 192.2 209 380.0 305 186.0 210 203.5 332 189.7 211 296.1 333 187.7 234 253.1 359 96.8 235 310.0 360 240.4 236 320.0 361 251.7 237 380.0 238 450.0 239 200.0 240 391.0 241 450.0 242 363.1 242N 154.5 An eating An eating and drinking establishment not located on the ground (street) level of a building shall not count towards the fifty percent (50%) limit; and An entrance to an eating and drinking establishment that is not located on the ground (street) level shall not count towards the fifty percent (50%) limit. Required parking spaces may be shared by time of day with other uses specified in this section to meet all or a portion of the parking requirement for the uses on a lot; provided: The eligible evening uses shall be restaurant, legitimate theater, movie theater, dinner theater, or cabaret; The eligible daytime uses shall be office use and the arts uses and arts-related uses with the exception of the evening uses listed in paragraph (a) of this subsection; and The respective property owners shall execute an agreement that identifies the designated parking spaces and provides that use of the spaces for permitted daytime uses shall cease at no later than 6:00 p.m., Monday through Saturday, and shall be available for parking by the specified evening uses as agreed to by the parties involved. This agreement shall be filed with the Zoning Administrator to be maintained as part of the certificate of occupancy file on each affected property. SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 67 DCR 9085 (July 24, 2020). District of Columbia Municipal Regulations Zoning Regulations of 2016: Special Purpose Zones 11-K DCMR § 811