Proposed Text Amendment to the Commercial Overlay
From the Desk of the CPCA President

The purpose of the Overlay (a zoning code amendment) is to ensure that we have a good mix of businesses on the Connecticut Avenue shopping strip, and to mitigate traffic, parking, trash, noise and other negative impacts on the neighborhood. The idea was to limit eating and drinking establishments to 25 percent of the frontage on the 2-block strip. Landlords like these kinds of businesses because they tend to bring higher rentals. That's a mixed blessing, because they also crowd out other types of desirable services that cannot afford those rentals. The goal is to strike a balance.

Unfortunately, the Overlay language is legally ambiguous and subject to interpretation. For example, it places delis and carry-outs under the 25 percent restriction. These words have no real meaning in the regulatory Code. Attempts to interpret the language only complicate the matter further. As a result, the Overlay has rarely, if ever, been enforced by the DC Regulatory Agency. What's more, DCRA has never kept a running account of the percentage figure, further frustrating the community.

Our proposal is very simple. If a business has a "Restaurant" or "Tavern" license it falls under the 25% limitation. If it doesn't, it is not included. Period. This solution is actually more permissive than the original language, but it is readily enforceable and requires no interpretation. This is a win for the community which gets the services it needs. It is a win for the businesses that are ready to provide these services. It caps the traffic, parking and other negative impacts described above. It is a win for those in the community who feel the Overlay is too restrictive. And finally, it is a win for the regulators who don't have to interpret a poorly written regulation. A good trade-off.