D.C. Mun. Regs. tit. 11, r. 11-U205

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

Rule 11-U205 - SPECIAL EXCEPTION USES - R-USE GROUP D

205.1

The uses in this section shall be permitted in the R-Use Group D zone if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, and subject to the provisions of this section:

(a) Any non-residential use permitted as a matter of right in Subtitle U § 202;

(b) A proposed expansion of an existing non-residential use in excess of ten percent (10%) of gross floor area, subject to the conditions of Subtitle U § 205.2; and

(c) Any use permitted as a special exception in Subtitle U § 203.

205.2

The following conditions shall apply to any application for use as a special exception under this section:

(a) The non-residential use is capable of being established and operated without adversely affecting the use and enjoyment of neighboring and nearby properties due to traffic, noise, design, or other objectionable conditions; and

(b) There shall be adequate, appropriately located, and screened off-street parking sufficient to provide for the needs of the maximum number of occupants, employees, congregants, and visitors who can use the facility at one (1) time; provided:

(1) The number of parking spaces provided shall be not less than the number required by Subtitle C, Chapter 7 of this title and shall be located and designed so that they have the least objectionable effects on contiguous or nearby property because of noise, traffic, or other objectionable condition;

(2) Parking spaces and driveways providing access to them shall not be located in a required side setback, or on the lot between the principal building and a street right-of-way, nor in public space abutting the lot;

(3) If five (5) or more open parking spaces are provided, the parking spaces shall be screened from all contiguous residential property by a wood fence or a wall made of brick or stone at least twelve inches (12 in.) thick and sixty inches (60 in.) high, or by evergreen hedges or evergreen growing trees that are thickly planted and maintained and are at least sixty inches (60 in.) in height when planted; and

(4) Any lighting used to illuminate open parking spaces shall be so arranged that all direct rays of lighting are confined to the surface of the paved area devoted to parking; any lighting provided shall be the minimum necessary for reasonable visibility by drivers and for security purposes.

D.C. Mun. Regs. tit. 11, r. 11-U205

Final Rulemaking published at 63 DCR 2447 (9/6/2016)