The provisions of this chapter shall govern the encroachment of structures into the public right-of-way.
Encroachments of structures
into the public right-of-way, including structures or
enclosures of space beneath the surface of the public space
and certain uses of airspace above public space, shall also
comply with other applicable requirements, including
DDOT regulations set forth in 24 DCMR; D.C. Official
Code, Title 10, Subtitle III, Chapter 11.
The projection of any structure or portion thereof shall be the distance measured horizontally from the lot line to the outermost point of the projection.
Upcodes Diagrams
Encroachments into
the public right-of-way or into public space (hereinafter referred to in this section as "projections") are a privilege. They cannot be claimed as a right, and require a permit issued by the code official. The provisions of Section 3202 establish
limitations on the projections that the code official is authorized to approve. The code official is authorized to further restrict or refuse proposed projections if the code official considers
such action best for the public interest.
Approval of projections
shall be issued with the understanding and agreement by the
applicant that any and all such projections shall be promptly
removed upon notice from the code official.
The code
official is authorized to grant modifications of requirements
on projections when the modification is deemed in the general
public interest as defined in Section 3202.4.1 or, in the
case of foregone construction, as set forth in Section
3202.4.2.
Modifications in the general public interest are those
requested to embellish the building, provided that:
- The primary object of the modification is not the occupation of additional public space;
- The primary object of the modification is not changing of interior arrangements;
- In the opinion of the code official such modification will not interfere with adjacent buildings; and
- In the opinion of the code official such modification will not interfere with the general public interest.
Foregone construction is deemed to occur when, in conformity with a plan previously approved by the National Capital Planning Commission for improvement of any street or thoroughfare, the owner will permanently forego construction on, or the use of a portion of his, her or its lot. In such cases, the code official is authorized to grant a projection modification to authorize projections which shall equitably compensate such owner, if (a) the code official determines the public interest will thereby be better served; and (b) the projection modification complies with the limitations and conditions set forth in Sections 3202.4.2.1 through 3202.4.2.5.
| TYPE OF STREET | WIDTH OF STREET (feet)a | MAXIMUM PROJECTING DISTANCE (feet)a |
|---|---|---|
| Streets without public parking | 40 to 45 feet | 4 |
| Streets without public parking | More than 45 feet; up to, and including, 70 feet | 6 |
| Streets without public parking | More than 70 feet; up to, and including, 80 feet | 8 |
| Streets without public parking | More than 80 feet | 14 |
| Streets without public parking | Any width | 14 |
Note a. 1 foot = 304.8 mm
The width of projections allowed under Section 3202.4.2 shall be limited as follows:
- The proposed projection shall be authorized to be constructed to the lot line extended, on the side of any adjoining structure that contains projections, facing the same public right-of-way, that project into public space at least as much as the proposed projection.
- The proposed projection shall not extend to within 10 feet (3048 mm) of the lot line extended, on the side of any adjoining structure that does not project or that only contains projections, facing the same public right-of-way, that project into public space less than the proposed projection.
- Projections at the corner of two streets shall be allowed to continue around the corner if similar projections are approved for both streets.
The height above grade of projections
approved under Section 3202.4.2 shall be limited
to the height of the building. A clearance of not less
than 20 feet (6096 mm) above the sidewalk or parking
grade shall be maintained under any portion of such
projections or supports thereof. Balconies or other projections
which in the judgment of the code official will
embellish the area, when approved, shall be allowed to
be constructed with lower clearances above grade; provided,
such clearances shall be at least 8 feet (2438 mm) above walkways and at least 15 feet (4572 mm)
above driveways.
The footprint of projections
approved under Section 3202.4.2 shall be
entirely located between the lot line and the outer edge
of the curb, and the outer face of all projections shall be
at least 4 feet (1219 mm) from the outer edge of the
curb. In addition, the projecting distance of the projection
shall be limited as specified in Table 3202.4.2.
The owner who
applies for a projection modification under Section
3202.4.2 shall submit a certified copy of a written covenant,
complying with Section 106.6.4, filed and
recorded in the Office of the Recorder of Deeds.
The
code official shall refer to the Public Space Committee,
for consideration and recommendation, all applications
for projection modifications proposed under Section
3202.4.2.
Except as otherwise
permitted by this chapter, no projections shall be
allowed on the parts of streets to be widened in conformity
with adopted and recorded highway extension plans, including
a building restriction area where the same exists on a lot,
until such parts of streets are so widened.
Where existing streets are
widened, or new streets are laid out and opened, in conformity
with the adopted and recorded highway extension
plans, in subdivisions existing at the time of record of such
plans, and such widening or opening shall leave buildings
or parts of buildings on such streets, such buildings or
parts of buildings will be allowed to remain as projections
beyond the new lot line or building restriction line if one
exists. Such grandfathered projections of such existing
buildings shall be limited in projection distance to that
allowed for porches by Section 3202.11.2.3, but no limitations
shall be placed upon the kind of projection unless the
facade is structurally altered. Such buildings are permitted
to be moved under permit to another location on the same
lot, upon compliance with applicable regulations.
In case the facade of an existing building
covered by Section 3202.5.1 is structurally altered, the
projections resulting from such alterations shall conform
in all respects to the requirements of these regulations
for new projections.
Projections shall not be permitted on the following street segments:
- North side of Good Hope Road, S.E. between Martin Luther King, Jr. Avenue, S.E. and 18th Street, S.E.;
- Florida Avenue, N.W., from 7th Street, N.W. to 9th Street, N.W.;
- Maine Avenue, S.W., from 7th Street, S.W. to 14th Street, S.W.;
- M Street, N.W., from 29th Street, N.W. to 36th Street, N.W.;
- K Street, N.W., from Rock Creek westward to Wisconsin Avenue, N.W.;
- Water Street, N.W., from Wisconsin Avenue, N.W. westward to the termination of said street;
- Wisconsin Avenue, N.W., from the angle south of N Street, N.W. to the north roadway of Q Street, N.W.;
- Twelfth Street, N.W., from Monroe Street, N.W. to the angle north of Otis Street, N.W.;
- Martin Luther King, Jr. Avenue, S.E. from Good Hope Road, S.E. to the northern boundary of the grounds of St. Elizabeths Hospital.
Exception:
Projecting cornices, bases, sills, belt courses, pilasters and water tables are not restricted by this section.
A minimum clear space from the outer edge of the curb to the outer face of all projections and steps shall be preserved, as follows:
- Six feet (1829 mm) on streets 40 feet (12 192 mm), but less than 50 feet (15 250 mm) wide;
- Eight feet (2438 mm) on streets 50 feet (15 240 mm), but less than 60 feet (18 288 mm) wide;
- Ten feet (3048 mm) on streets 60 feet (18 288 mm) to and including 80 feet (24 384 mm) wide;
- Twelve feet (3658 mm) on streets more than 80 feet (24 384 mm) to and including 90 feet (27 432 mm) wide; and
- Fifteen feet (4572 mm) on streets more than 90 feet (27 432 mm) wide.
For purposes of Section 3202.7.1, the term "street" shall include the public thoroughfare and any adjoining building restriction areas.
A clear space of at least 8 inches (203 mm) shall be preserved between party lines extended or alley lines extended and the outer walls or sides of projections.
Exception:
Cornices, belt courses, pilasters, bases, water tables, and walls of areaways, are permitted to extend to but not over party lines extended or alley lines extended. Such projections shall be constructed so that the removal of one structure or its projections will not affect or damage the adjoining structure or projections and will not interfere with the construction or reconstruction of projections or buildings on the adjoining property.
Plumbing fixtures shall not be located in projections.
Exception:
Areaway drains and roof drains.
The footprint of any projecting sign, fixture, marquee, or other overhead projection of a building shall not extend over public space or into the public right of way beyond a line 18 inches (457 mm) behind the curb line.
Projections shall be constructed of any materials permitted by this code for the type of construction of the building.
Exceptions:
- Roofing, skylights and roof domes in projecting structures are permitted to be of the same materials allowed for similar non-projecting structures.
- Where noncombustible materials are specifically required elsewhere in this chapter for specific projections.
- Where combustible materials are specifically allowed elsewhere in these regulations for specific projections.
Projections
regulated under Sections 3202.8.1 and 3202.8.2 shall require
approval by the District Department of Transportation
(DDOT).
Pedestrian
walkways and tunnels shall meet the requirements of Section
3104. In addition, the vertical clearance above the
public right-of-way or the surface of public space to the
lowest part of an elevated pedestrian walkway shall be no
less than 15 feet (4572 mm).
The width of an areaway, measured
from outside to outside of the areaway's enclosing
walls, shall not be limited if located between party lines
extended.
The extent of areaway projection
shall be measured from the lot line or building
restriction line, if one exists, to the inside face of the
areaway wall. Projection beyond the lot line or building
restriction line, if one exists, shall be limited as follows:
- Four feet (1219 mm) on streets in Commercial and Industrial Districts.
- Four feet (1219 mm) on streets without public parking in Residence, Waterfront, Mixed Use and Special Purpose, more than 60 feet (18 288 mm) wide.
- Six feet (1829 mm) on streets with public parking in Residence, Special Purpose, Mixed Use and Waterfront Districts, 60 to 70 feet (18 288 to 21 336 mm) wide.
- Six and a half feet (1981 mm) on streets with public parking in Residence, Special Purpose, Mixed Use and Waterfront Districts, more than 70 feet (21 336 mm) wide.
- Seven feet (2134 mm) on streets with public parking in Residence, Special Purpose, Mixed Use and Waterfront Districts where public parking is 20 feet (6096 mm) or more in width.
Areaways shall be
protected by substantial metal guardrails not less than
42 inches (1067 mm) nor more than 48 inches (1219
mm) high. Proper protection by metal railings that meet
the guardrail requirements of Section 1013 of the
Building Code shall be provided where steps or platforms
are built over areaways, subject to the requirements
of 24 DCMR § 103. Basement or cellar steps in
areaways shall be protected in the same way and shall
have gates at top of the steps unless otherwise protected.
Applications for vault permits shall be submitted to the code official, accompanied by the following documentation:
- Plans showing the location and dimensions of the vault, vault openings, the vault depth below the surface of the pavement or grade, and the proposed method of construction.
- A certified copy of a written vault agreement in compliance with D.C. Official Code § 10-1103.01 and Section 106.6.1 filed and recorded in the Office of the Recorder of Deeds.
Vault design shall comply
with the following:
- Approval of the size and extent of vaults, and of the number and size of vault openings, shall be a matter of special determination in each case by the code official.
- Vaults extending under alleys shall have no openings in the alley pavement, and shall not extend within 2.5 feet (762 mm) of the center of the alley.
The use of the vault
space shall be subject to the following conditions:
- The code official is authorized to approve transformer vaults exclusively to house utility equipment. Storage in such vaults shall be prohibited.
- Vaults in Commercial, Industrial, Mixed Use, Waterfront or Special Purpose Districts shall not be used for the following purposes: public entrances to basements; means of egress corridors; housing of boilers; housing of plumbing fixtures; housing of storage tanks for propane or other flammable gas; or the housing of mechanical appliances or any equipment not removable within 24 hours.
- Vaults shall be allowed to be used for the following purposes: access to open areaway stairs; storage of readily movable personal property and equipment; sales or office space; housing of fuel oil storage tanks; parking of motor vehicles; installation of ducts, pipes or wiring; location of ducted air shafts; housing of fans; and housing of similar items which can be removed or relocated if vault space is removed.
- Fuel oil filling pipes, in vaults in Commercial, Industrial, Mixed Use, Waterfront or Special Purpose Districts, shall be extended to within 18 inches (457 mm) of the curb line when physically possible. Such pipes shall terminate in filling boxes of approved design. A separate permit shall be required for such filling pipes and filling boxes.
- If openings in the roofs of vaults are used for sidewalk elevators or for runways, they shall be located as near to the curb as possible and shall be equipped with heavy metal safety doors and frames.
- The code official is authorized to approve other uses not forbidden by law, code, or regulation.
Coverings over vaults shall
comply with the following:
- The paving over vaults shall be laid according to specifications of DDOT for surface paving and shall conform to established grades. All such coverings shall be so constructed as to be flush with pavement, and have a roughened surface to provide security to persons passing over them.
- When paving over vaults is installed pursuant to a public space permit or order issued by DDOT, the paving shall be laid at the expense and risk of the person doing the work.
- The roof of a vault, located between the curb and the lot line, or in a building restriction area, shall at no place be less than 4 inches (102 mm) below the approved sidewalk grade at that point.
- Vaults shall be roofed over within a reasonable time or within the time fixed by the public space permit.
- Whenever the grade over the vault is changed, the vault covering shall be changed and re-paved at the expense of the person doing the work, except where the grade change impacts the top of the vault, in which case the owner of the abutting property shall pay for that portion of the work required to conform the vault to the new grade.
Construction of
vaults shall be subject to the following conditions:
- Vaults shall be constructed so as not to interfere with sewers, water mains, gas mains, electric or telephone conduits, signal conduits, manholes, lamp posts, trees, or any other public or public utility works or improvements.
- If construction or alteration of a vault requires the removal or relocation of utilities, and if by agreement a public utility or District utility arranges to alter its facilities, the owner of the abutting lot shall notify the appropriate utility company or utility office concerned when a permit has been issued and construction or alteration work is ready to commence.
Balconies, bay
oriel or show windows, or towers shall not project into or
over an alley.
Balconies shall comply with the
width and projection requirements of Sections 3202.10.2.1
and 3202.10.2.2.
Balconies shall maintain an 8-inch
separation from party lines extended. Aggregate balcony
width is otherwise unlimited. Where balconies are
structurally connected to bay windows, the width of the
balconies shall be included in the width of the bay windows
and the combined width shall comply with the
requirements for bay windows. A balcony at the corner
of two streets is permitted to be continued around the
corner. The portion of such a continued balcony that is
located beyond party lines extended shall not be
counted in the width of projections on either front.
Balcony projections shall be limited as follows:
- Three feet (914 mm) beyond the lot line or building restriction line, if one exists, on streets more than 60 feet (18 288 mm) and less than 70 feet (21 336 mm) wide.
- Four feet (1219 mm) beyond the lot line or building restriction line, if one exists, on streets 70 feet (21 336 mm) or more in width.
For purposes of Section 3202.10.2.2, the term "street" shall include the public thoroughfare and any adjoining building restriction areas.
Bay window projections shall
comply with the requirements of Sections 3202.10.3.1
through 3202.10.3.4.
The width of bay windows at each
lot line or building restriction line, if one exists, shall
be limited as follows:
- A bay window projection shall not be allowed on buildings less than 16 feet (4877 mm) wide at the lot line or building restriction line, if one exists;
- A single projection of 9 feet (2743 mm) in width shall be allowed for all buildings having a width of 16 feet (4877 mm) or more at the lot line or building restriction line, if one exists;
- The allowable width of a single projection shall increase 6 inches (152 mm) for every foot (305 mm) of increase in the width of the building between 16 feet (4877 mm) and 24 feet (7315 mm) wide at the lot line or building restriction line, if one exists;
- For buildings over 24 feet (7315 mm) in width the allowable width of a single projection shall increase 2 inches (51 mm) for every foot (305 mm) of increase in width of the building over 24 feet (7315 mm).
- Multiple projections (two or more separate projections) shall not be allowed on buildings less than 24 feet (7315 mm) wide at the lot line or building restriction line, if one exists;
- On buildings 24 feet (7315 mm) wide a double projection shall be allowed, the total width of both projections not to exceed 13 feet (3962 mm).
- The allowable aggregate width of double or multiple projections on buildings exceeding 24 feet (7315 mm) in width at the lot line or building restriction line, if one exists shall be increased 6 inches (152 mm) for each foot (305 mm) of increased building width over 24 feet (7315 mm).
- The width of bay window projections shall be measured at a distance of 1 foot (305 mm) from the lot line or building restriction line, if one exists.
- Bay window projections of buildings on interior lots shall not extend beyond party lines extended.
- A bay window at the corner of two streets is permitted to be continued around the corner. The portion of such a continued bay window that is located beyond party lines extended shall not be counted in the width of projections on either front.
The height of bay windows shall
not be limited.
The projection of bay windows shall be limited as follows:
- Three feet (914 mm) on streets 60 feet (18 288 mm) to 70 feet (21 336 mm) wide.
- Four feet (1219 mm) on streets more than 70 feet (21 336 mm) wide.
For purposes of Section 3202.10.3.3, the term "street" shall include the public thoroughfare and any adjoining building restriction areas.
Stairways shall not be
permitted in bay window projections. Doors in bay
windows that do not swing beyond the projection shall
be permitted.
Oriel and show windows
shall comply with the requirements of Sections
3202.10.4.1 and 3202.10.4.2, respectively.
Oriel windows shall conform
to all the requirements governing bay windows.
Show windows shall conform
to the width, projection and restrictions requirements
of Sections 3202.10.3.1, 3202.10.3.3 and
3202.10.3.4 governing bay windows.
Tower projections shall conform to all
the requirements governing bay windows.
Colonnades shall comply with the
width, height and projection requirements of Sections
3202.10.6.1 through 3202.10.6.3.
Colonnades are subject to the minimum
clearance of 8 inches (203 mm) from party lines
extended and alley lines extended, required under Section
3202.7.2.
Colonnade projection is limited
to 6 feet (1829 mm) where public parking exists
and the depth of public parking is 17 feet (5182 mm) or
more wide. Projecting colonnades shall not be permitted
on streets where public parking exists and the depth
of public parking is less than 17 feet (5182 mm) wide.
Pilasters not more than 5 feet (1524
mm) wide are permitted to project 4 inches (102 mm)
beyond the lot line or building restriction line, if one
exists. Pilaster bases are permitted to project 8 inches (203
mm) beyond the lot line or building restriction line, if one
exists.
Projecting bases
and water tables shall not be more than 4 feet (1219 mm)
above grade at the building wall nor above window sill
level of the main story. Their length is not limited. The
projection beyond the lot line or a building restriction line,
if one exists, of bases, water tables, and window and other
sills, is limited to 8 inches (203 mm).
The length and height of belt courses, cornices, and roof
overhangs are not limited. The projection beyond the lot
line or building restriction line, if one exists, is limited to
8 inches (203 mm) for belt courses and 60 inches (1524
mm) for cornices and roof overhangs.
Porch and
step projections shall be allowed only in Residence Waterfront,
Mixed Use and Special Purpose Districts.
Porches shall have open balustrades
or guardrails and shall be open to the roof. The floor of the
porch shall be not more than 5 feet (1524 mm) above the
terrace, public parking, adjacent grade or pavement.
Where there are no bay windows,
oriel window or tower projections, one-story high
porches shall not be limited in width. Where there are
bay windows, oriel window or tower projections in the
same story, the aggregate width of porch and bay window,
oriel window, or tower projections shall not
exceed the limits specified for multiple bay window
projections in Section 3202.10.3.1. The width of
porches of more than one story in height shall conform
to the provisions for bay windows in Section
3202.10.3.1.
Projection of one-story high porches shall be limited as follows:
- Three feet (914 mm) on streets without public parking, 60 to 70 feet (18 288 to 21 336 mm) wide.
- Four feet (1219 mm) on streets without public parking, more than 70 feet (21 336 mm) wide.
- Five feet (1524 mm) on streets with public parking. Porches more than one story in height shall conform to the provisions for bay windows in Section 3202.10.3.3 as to the extent of projection beyond the building line.
For purposes of Section 3202.11.2.3, the term "street" shall include the public thoroughfare and any adjoining building restriction areas.
Projecting steps and ramps
are not limited in width but shall comply with the following
height and projection requirements.
Step and ramp projections shall
not extend above the level of the main floor.
Step and ramp projections shall be limited as follows:
- Three feet (914 mm) on streets without public parking, 40 feet (12 192 mm) or more in width, but less than 45 feet (13 716 mm) wide.
- Four feet (12 192 mm) on streets without public parking, 45 feet (13 716 mm) or more in width, but less than 70 feet (21 336 mm) wide.
- Five feet (1524 mm) on streets without public parking, 70 feet (21 336 mm) or more in width, but less than 80 feet (24 384 mm) wide.
- Six feet (1829 mm) on streets without public parking, 80 feet (24 384 mm) or more in width.
- Ten feet (3048 mm) on streets with public parking 80 feet (24 384 mm) or more in width.
For purposes of Section 3202.11.3.2, the term "street" shall include the public thoroughfare and any adjoining building restriction areas.
Projecting
doors and windows shall conform to the provisions of Sections
3202.11.4.1 through 3202.11.4.2.
Permanent doors or windows shall not open outward into public space where the base of the door or window opening is less than 12 feet (3658 mm) above the sidewalk grade.
Exception:
Where the line of travel is protected by an adjoining porch, terrace, bay window, areaway, or similar construction, projecting not less than the outward swing of the door, permanent doors or windows are permitted to open outward.
Permanent
doors and windows in Residence, Mixed Use,
Waterfront or Special Purpose Districts shall be
allowed to open on public parking, provided they do
not encroach on any sidewalk or driveway.
Awnings shall conform to the provisions
of this section, Section 3105 and other applicable
sections of the Construction Codes.
Folding, hinged or fixed type awnings attached only to the structure are permitted to be erected over windows, show windows and doors, and shall comply with the provisions of Sections 3202.12.1.1 through 3202.12.1.6.
Exception:
The openings of projecting porches in Residence Districts are permitted to be covered with an awning.
Projecting awnings shall have
a minimum clear height of 8 feet (2438 mm) above the
sidewalk or the surface of any other adjacent public
space.
The width of projecting awnings
shall be limited to the width of the window, show window
door or opening, and a reasonable distance each
side thereof.
Projecting awnings shall not
extend over 5 feet (1524 mm) beyond the vertical plane
of the point of attachment into a public right-of-way.
Canopies shall conform to the provisions
of this section, Section 3105 and other applicable
sections of the Construction Codes. Canopies are permitted
to be erected over doors, windows, show windows or
other display openings and loading platforms, subject to
the limitations of Sections 3202.12.2.1 through
3202.12.2.5.
Canopies projecting over or into a public space or public
right-of-way are permitted to be erected in Commercial
and Industrial Districts. Canopies approved
pursuant to Section 3202.12.2.5 shall not be restricted
based on zoning district.
Canopies are permitted to extend
laterally on a building so as to cover the display window
or space and a reasonable distance on each side
thereof.
Projecting canopies shall have
a minimum clear height of 8 feet (2438 mm) above the
sidewalk or the surface of any other public space.
Canopy projections shall not
exceed 5 feet (1524 mm) into public space unless the
plans are submitted to and approved by the code official.
The code official is authorized to approve permits
for canopies with fixed iron posts and frames to be
erected beyond the lot line or building restriction line, if one exists, to the inner line of the sidewalk where
such canopies will be used in conjunction with any of
the following:
- A Group A occupancy having an occupant load greater than 100 persons.
- A Group R occupancy having more than 50 dwelling units.
- A Group M or B occupancy with a frontage of 100 feet (30 480 mm) or more on the street on which the canopy is proposed.
- A Group M or B occupancy that contains more than 15,000 square feet (1395 m2) in area per floor.
In specific cases
where the code official determines that such an
installation would be of merit without being detrimental
to the public, the code official is authorized
to grant approval of canopies over sidewalks that
extend as close as 18 inches (457 mm) from the
curb, when the code official determines that (a)
pedestrian traffic flow will not be impeded; (b) the
presence of such an awning will not detract from the
appearance of the neighborhood; and (c) such an
awning will be of convenience to the patrons of the
establishment served by the awning, especially in
the loading and unloading of vehicular traffic in
inclement weather.
The width of canopies
over public parking or sidewalks shall be limited
to the width of the door or opening and a
reasonable distance each side thereof. Canopies
shall be of approved fire-retardant material, preserving
a minimum clearance of 8 inches (203 mm) from
the party lines extended. Permit applications for
these canopies shall be accompanied by drawings
showing the spacing of all posts and method of
anchoring. The frames shall be structurally stable
and posts shall be so located as not to impede the
principal flow of pedestrian traffic. Posts shall be
rigidly secured at the base in sockets or by other
approved means.
Permits for
sockets in the sidewalk for temporary covered ways
across sidewalks or public parking, as provided in
Section 105 of DCMR Title 24 (Public Space and
Safety), Chapter 1 (Occupations and Use of Public
Space) shall be issued upon approval of DDOT. Permits
for sockets confer no authority to erect temporary
covered ways across sidewalks or any other
space used by the public. Where sockets have been
regularly installed, the Metropolitan Police Department
will thereafter issue temporary permits authorizing
the use of the temporary covered way in
inclement weather.
Marquees shall conform to the provisions
of this section, Section 3106 and other applicable
sections of the Construction Codes. Marquees shall meet the width, clearance, and projection requirements of Sections
3202.12.3.1 through 3202.12.3.3.
Projecting marquees supported
directly from the building, shall not be permitted to
extend laterally on a building more than a sufficient
length to cover the entrance and a reasonable distance
on each side thereof.
Marquee projections shall not
exceed 5 feet (1524 mm) into public space unless otherwise
approved by the code official.
The design of market sheds shall
be approved by the code official, a permit shall be
required, and all market sheds shall comply with the
following provisions:
- The shed roof is permitted over public parking and public sidewalk of a building or buildings used for market purposes, extending from the lot line or building restriction line, if one exists, to the curb.
- The line of supports for the shed roof shall be at the inner edge of the sidewalk, the overhang being supported as a cantilever, unless the location of supports is otherwise approved by DDOT. The shed is permitted to be supported by hanging from the wall of the building when approved by the code official.
- Gutters shall be provided throughout the length of all shed roofs, with downspouts equivalent to a 21/2-inch pipe per 200 square feet of surface drains, the pitch of the roof to be at least 1/2 inch per foot.
- Shed roofs shall be furnished with electric lights that provide levels of illumination in compliance with Section 1205.3.
- Shed roofs shall comply with all structural requirements of Chapter 16 and other applicable Sections of the Construction Codes.
No public space beneath a shed constructed pursuant to Sections 3202.12.4 shall be used for the display, sale or storage of produce or containers. This restriction shall not apply to the temporary storage of materials incident to loading and unloading.
The foregoing rules
shall be observed by the code official as a guide in issuing
permits for market sheds except where the conditions
are so obviously at variance with these general
rules as to require special consideration. Cases requiring
special consideration shall be reviewed as modifications
pursuant to Section 104.10.
The code official is authorized
to approve loading platforms projecting more than 5
feet (1524 mm) beyond the lot line or building restriction
line, if one exists, in Commercial and Industrial Districts.
Canopies over such platforms shall be permitted. Special
approval by the code official shall be required for such
platforms and canopies.
Platform scales projecting on
public space are permitted in Commercial and Industrial
Districts. Plans for such platform scales shall be submitted
to and approved by DDOT.
Enclosed sidewalk cafés
including enclosed cafes located wholly or partially beyond
the lot line or within a building restriction area, if one exists,
shall comply with Sections 3202.13.1 through 3202.13.2 and
all other applicable sections of the Construction Codes.
Permits for enclosed sidewalk cafés
shall be issued by the code official and shall comply with
all applicable laws and regulations. Each application shall
be accompanied by drawings of the structure, prepared
and signed by a structural engineer registered in the District
of Columbia. Other enforceable laws and regulations
governing sidewalk cafés include: the Enclosed Sidewalk
Café Act of 1982, effective September 17, 1982, [D.C.
Law 4-148; D.C. Official Code § 10-1102.02 (2012
Repl.)]; DCMR Title 24, Chapter 2 (Rental of Public
Space) and Chapter 3 (Administrative Procedures for
Sidewalk Cafés); Mayor's Order No. 77-150, dated
August 31, 1977; and regulations of the Department of
Public Works, 30 DCR 4346, August 26, 1983, now delegated
to DDOT.
Enclosed sidewalk cafés shall comply
with Sections 3202.13.2.1 through 3202.13.2.5.
Enclosed sidewalk cafés
shall have walls and roofs constructed of noncombustible
materials.
Flooring shall comply with Section
804.
Any enclosure
materials, and the contents enclosed therein, must be
capable of being removed within 24 hours.
Enclosed sidewalk
cafés shall be constructed in accordance with
Chapter 16, Chapter 24 and other applicable sections of
the Building Code.
When the combined occupant loads of the sidewalk café and the adjacent restaurant exceed 75 persons, two means of egress shall be provided from the sidewalk café, one of which shall open directly to the sidewalk, public alley, or public space abutting the café. The second means of egress is allowed through the abutting restaurant. If two means of egress are required for the adjacent restaurant, two means of egress shall be required for the sidewalk café. If one of the means of egress of the café serves the interior of the restaurant, the width of the respective egress aisle across the café shall meet the requirement for a corridor serving the combined occupant load of the sidewalk café and the restaurant.