D.C. Mun. Regs. tit. 11, r. 11-H6009

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

Rule 11-H6009 - SPECIAL EXCEPTION USES (NMU - USE GROUP C)

6009.1

In areas other than designated use areas, the uses in this section shall be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the conditions applicable to each use as follows:

(a) Animal care and boarding uses not meeting the conditions of Subtitle H § 6001.4(g), subject to the conditions of Subtitle H §§ 6005.1(a) and (b);

(b) Community solar facility not meeting the requirements of Subtitle H § 6003.1(e), subject to the following conditions:

(1) Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that:

(A) Maintains as many existing native trees as possible;

(B) Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture;

(C) Ensures all trees measure a minimum of six feet (6 ft.) in height at the time of planting; and

(2) The application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report.

(c) Eating and drinking establishment use that is a fast food establishment, subject to the conditions of Subtitle H § 6007.1(e); except that the use shall not be permitted in the NMU-5A/WP zone;

(d) Motor vehicle-related uses are not permitted except for the following uses subject to the corresponding conditions:

(1) A gasoline service station or repair garage, subject to the following conditions:

(A) The use shall not be located within twenty-five feet (25 ft.) of any R, RF, or RA zone;

(B) The operation of the use shall not create dangerous or other objectionable traffic conditions; and

(C) Parking spaces may be arranged so that all spaces are not accessible at all times. All parking spaces shall be designed to allow parking and removal of any vehicles without moving any other vehicle onto public space;

(2) Motorcycle sales and repair uses, subject to the following conditions:

(A) The use and all its accessory facilities shall be located within a building; and

(B) No portion of a building used for motorcycle sales and repair shall be located within fifty feet (50 ft.) of any R, RF, RA, MU-1, or MU-2 zones;

(e) Parking as accessory parking spaces elsewhere than on the same lot or part of the lot on which any principal use subject to the following conditions:

(1) The total number of parking spaces provided for the principal use shall not exceed the minimum number of spaces required for the principal use;

(2) The applicant demonstrates to the Board's satisfaction that it is economically impracticable or unsafe to locate the parking spaces within the principal building or on the same lot on which the building or use is permitted because of the following:

(A) Strip zoning or shallow zoning depth;

(B) Restricted size of lot caused by adverse adjoining ownership or substantial improvements adjoining or on the lot;

(C) Unusual topography, grades, shape, size, or dimensions of the lot;

(D) The lack of an alley or the lack of appropriate ingress or egress through existing or proposed alleys or streets; or

(E) Traffic hazards caused by unusual street grades or other conditions; and

(3) The parking spaces shall be located, and all facilities in relation to the parking spaces shall be designed, so that they are not likely to become objectionable to adjoining or nearby property because of noise, traffic, or other objectionable conditions;

(f) An automated parking garage as a principal use located and designed so as it is not likely to become objectionable to adjoining or nearby property because of noise, traffic, or other objectionable conditions;

(g) Service (general) uses not meeting the conditions of Subtitle H § 6008.1(g); and

(h) Utility (basic) uses not meeting the conditions of Subtitle H § 6008.1(h) and subject to the use will not, as a consequence of its design, operation, low employee presence, or proximity to other electronic equipment facilities, inhibit future revitalization of the neighborhood, reduce the potential for vibrant streetscapes, deplete street life, or inhibit pedestrian or vehicular movement.

D.C. Mun. Regs. tit. 11, r. 11-H6009

Renumbered form 11-H1109 Final Rulemaking published at 70 DCR 11297 (8/25/2023)