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It's important to actually parse the language contained in the zoning regulations in this case.

DCMR 11, Chapter 19 (Uptown Arts-Mixed Use ARTS Overlay District, section 1901.6 reads: "Eating and drinking extablishments shall occupy no more than twnty-five percent (25%) of the linear foot frontage within the ARTS Overlay District, as measured along the lots fronting on 14th and U Street, NW."

So, this begs the question whether the limitation only deals with frontage on 14th & U streets, and not the much larger ARTS Overlay District. This means that the illustrations in part 1 of this article referring to a restaurant at 7th & Florida and one at 15th and P may not be either part of the equation or affected by 1901.6. It also begs the question in regard to the 1900 block of 9th Street which does indeed include a truly dense assemblage of 'eating and drinking establishments', however, it's on neither 14th or U Streets.

The existing language of 1901.6 may be one reason that BZA would much rather see the Commercial Corridors/Areas working group come up with new language rather than attempt to interpret or enforce the current muddy language. In any case, it's important not to confuse the entire Arts Overlay Zone's land use restrictions with those circumscribed by 1901.6.

by Phil Spalding on Apr 30, 2009 1:46 pm • link • report