D.C. Mun. Regs. tit. 11, r. 11-2804

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 11-2804 - SPECIAL EXCEPTIONS - GENERAL PROVISIONS (HE)

2804.1

In addition to the general standard set forth in § 3104, and any specific conditions set forth in § 2803, an applicant for a special exception within the HE District shall demonstrate compliance with § 2804.2.

2804.2

For all proposed uses, the applicant must demonstrate:

(a) Parking and traffic conditions associated with the operation of a proposed use shall not adversely affect adjacent or nearby uses;

(b) Noise associated with the operation of a proposed use shall not adversely affect adjacent or nearby uses;

(c) The proposed building will comply with the applicable ground floor use and design requirements of §§ 2811 through 2814;

(d) The building's architectural design will enhance the urban design features of the immediate vicinity in which it is located; and

(e) Vehicular access and egress will be located and designed so as to encourage safe and efficient pedestrian movement, minimize conflict with principal pedestrian ways, function efficiently, and create no dangerous or otherwise objectionable traffic conditions.

2804.3

The D.C. Office of Planning shall refer applications for special exceptions filed pursuant to this section to the D.C. Department of Transportation and shall submit a report for each such application addressing:

(a) Whether the proposed use furthers the purposes of the HE District;

(b) The relationship of the proposed use to other planning considerations for the area and the District of Columbia as a whole, including the plans, programs, and policies of other departments and agencies of the District government;

(c) The impact of the proposed use on neighboring properties; and

(d) Any other matters that are within the Office of Planning's jurisdiction.

2804.5

The Commission may impose requirements pertaining to design, appearance, signs, massing, landscaping, and other such requirements as it deems necessary to protect neighboring property and to achieve the purposes of the HE District.

D.C. Mun. Regs. tit. 11, r. 11-2804

Final Rulemaking and Order No. 04-05 published at 56 DCR 6181 (August 7, 2009); as corrected by Errata Notice published at 58 DCR 4314, 4316 (May 20, 2011)

Authority: The Zoning Commission for the District of Columbia (the "Commission"), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 and 6-641.0 ).