D.C. Mun. Regs. tit. 11, r. 11-U508

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

Rule 11-U508 - SPECIAL EXCEPTION USES (MU-USE GROUP C)

508.1 Unless specifically prohibited by Subtitle U § 509, the following uses shall be permitted in MU-Use Group C if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, subject to the following conditions:

(a) Any use permitted as a matter of right in MU-Use Group C that does not comply with the required conditions for MU-Use Group C may apply for permission as a special exception, except for a drive-through operation as a principal or accessory use;

(b) Youth Rehabilitation and Adult Rehabilitation Home for one (1) to twenty (20) persons, not including resident supervisors or staff and their families. There shall be no other lot containing a youth rehabilitation home or adult rehabilitation home within a radius of five hundred feet (500 ft.) from any portion of the lot.

(c) Community-based institutional facilities for one (1) to twenty (20) persons, not including resident supervisors or staff and their families;

(d) Education (private) uses, subject to the following conditions:

(1) The facility shall be designed to enhance the visual and recreational opportunities offered by the waterfront; and

(2) The use shall be designed and located so that it is not likely to become objectionable because of noise, traffic, number of students, or other conditions;

(e) Emergency shelter for five (5) to twenty-five (25) persons, not including resident supervisors or staff and their families;

(f) Entertainment, assembly, and performing arts uses, subject to the following conditions:

(1) The use shall not be within twenty-five feet (25 ft.) of a residentially zoned or used property unless separated by a public street or public alley; and

(2) Soundproofing to the extent deemed necessary for the protection of adjoining and nearby property shall be required;

(g) Medical care uses subject to the following conditions:

(1) The facility shall be designed to enhance the visual and recreational opportunities offered by the waterfront;

(2) The facility shall be located so that it is not likely to become objectionable to surrounding and nearby property because of noise, traffic, or parking;

(3) There shall be a demonstrated need for the facility;

(4) The applicant shall submit to the Board of Zoning Adjustment a detailed plan for the hospital or clinic and accessory facilities which shall include:

(A) Location, height, and bulk of all improvements, but not limited to buildings, parking, and loading facilities;

(B) Screening, signs, and public utility facilities; and

(C) A description of the activities to be carried on at the hospital or clinic, including the capacities of the various facilities within the hospital or clinic;

(h) Miscellaneous uses, subject to the following conditions:

(1) The Board of Zoning Adjustment finds that the use is appropriate in furthering the objectives of the waterfront areas;

(2) The facility shall be designed to enhance the visual and recreational opportunities offered by the Waterfront;

(3) The use shall not adversely affect the present character or future development of the neighborhood; and

(4) No dangerous or otherwise objectionable traffic conditions shall result from the establishment of the use;

(i) Parking subject to a temporary surface parking lot accessory to the Ballpark shall be permitted on Squares 664E, 707, 708, 708E, 708S, or 744S, in accordance with Subtitle C § 718. In the event that the cumulative parking limit established in Subtitle C § 718.2 is met, additional temporary surface parking spaces accessory to the Ballpark on Squares 664E, 707, 708, 708E, 708S, or 744S shall be permitted as a special exception in a MU-13 zone if approved by the Board of Zoning Adjustment pursuant to Subtitle C § 718.7;

(j) Production, distribution, and repair uses, subject to the following conditions:

(1) The facility shall be designed to enhance the visual and recreational opportunities offered by the waterfront;

(2) The use shall comply with the standards of external effects and shall have no adverse effects on other uses on the same or adjoining properties;

(3) The use shall not result in dangerous or otherwise objectionable traffic conditions;

(4) There shall be adequate off-street parking for trucks and other service vehicles; and

(5) There shall be no outdoor storage of materials;

(k) Utility uses, subject to the following conditions:

(1) Any requirements for setbacks, screening, or other safeguards that the Board of Zoning Adjustment deems necessary for the protection of the neighborhood; and

(2) Any new construction of a freestanding structure for use as an optical transmission node shall be built to appear compatible with surrounding construction, including exterior building material, fenestration, and landscaping, and there shall be no advertisement on the structure; and

(l) Veterinary office, veterinary hospital, or veterinary boarding hospital subject to the following conditions:

(1) A veterinary office, veterinary hospital, or veterinary boarding hospital may board any animal permitted to be lawfully sold in the District of Columbia, pursuant to § 9(j) of the Animal Control Act of 1970 (D.C. Law 3-30, as amended; D.C. Official Code § 8-1808(j) );

(2) No more than fifty percent (50%) of the gross floor area of the veterinary office, veterinary hospital, or veterinary boarding hospital may be devoted to the boarding of animals;

(3) The veterinary office, veterinary hospital, or veterinary boarding hospital shall be located and designated to create no objectionable conditions to building residents or tenants, or to adjacent properties resulting from animal noise, odor, or waste;

(4) The veterinary office, veterinary hospital, or veterinary boarding hospital shall not abut an existing residential use or a residential zone; unless the existing residential use is in a mixed- use building and the applicant demonstrates that:

(A) The building was designed and constructed or will be redesigned and renovated to mitigate noise to limit negative impacts on residential units that the use will abut, including the use of acoustical tiles, caulking to seal penetrations made in floor slabs for pipes, and spray-on noise insulation;

(B) The windows and doors of the space devoted to the veterinary office, veterinary hospital, or veterinary boarding hospital use shall be kept closed, and all doors facing a residential use will be solid core;

(C) Animal waste shall be placed in closed waste disposal containers located in enclosed areas or away from abutting or confronting residential windows and doors; and shall be collected by a waste disposal company at least weekly;

(D) Odors will be controlled by means of an air filtration system or an equivalently effective odor control system;

(E) Floor finish material, areas intended to be wet, and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor, shall be impervious and washable;

(5) External yards or other external facilities for the keeping of animals shall not be permitted;

(6) Pet grooming and the sale of pet supplies are permitted as accessory uses; and

(7) The Board may waive or modify the condition of this paragraph upon a determination that there will be no adverse impacts to building residents or tenants, or to adjacent properties resulting from the waiver or modification.

(m) Youth Residential Care Home for sixteen (16) to twenty-five (25) persons not including resident supervisors or staff and their families. There shall be no other lot containing a youth residential care home within a radius of five hundred feet (500 ft.) from any portion of the lot.

D.C. Mun. Regs. tit. 11, r. 11-U508

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 65 DCR 12148 (11/2/2018); amended by Final Rulemaking published at 68 DCR 2485 (3/5/2021); amended by Final Rulemaking published at 69 DCR 12886 (10/21/2022)