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Interpretation ZA-009: Rooftop Dining Areas Adjacent to Partial Floors

Tuesday, October 1, 2019

If there is an dining area that is open to the sky for a bar and/or eating establishment located on lower roof area of a building that is adjacent to a ‘partial floor’, of which said partial floor is not a penthouse, because it is a portion of the building that is within the matter-of-right building height of the relevant zone [or allowed building envelope], and there is a ‘higher’ roof above it, then the eating establishment’s and/or bar’s open area can be approved as a matter of right [assuming that it is in a zone to allow such an eating establishment and/or bar], and, therefore is not subject to the BZA Special Exception penthouse requirement of Sub U § 1500.3 (c).

  • A nightclub, bar, cocktail lounge, or restaurant use shall only be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9; or

The scenario in the top paragraph is distinguished from the use of a penthouse and adjacent building rooftop for bar and/or eating establishment use that is regulated under 11 DCMR U § 1500.3 (c).