D.C. Mun. Regs. tit. 11, r. 11-U601

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

Rule 11-U601 - SPECIAL EXCEPTION USES ON ALLEY LOTS (R, RF, AND RA)

601.1

The following uses shall be permitted on an Alley Lot in the R, RF, and RA zones, as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9, subject to any specific provisions of each section:

(a) [RESERVED]

(b) Artist studio not meeting the criteria of Subtitle U § 600.1(b), subject to the following conditions:

(1) Any use authorized in this section shall not be likely to become objectionable because of noise, traffic, or number of employees or visitors; and

(2) The hours of active operation shall be arranged so as not to prove disturbing or otherwise objectionable to other properties in the square;

(c) No camp or any temporary place of abode in any tent, wagon, van, automobile, truck, or trailer of any description shall be permitted on an alley lot when not accompanied by the property owner, unless approved as a special exception subject to the following conditions:

(1) The use shall be located so that it is not likely to become objectionable to adjoining and nearby property because of noise, traffic, parking, lighting, sanitation, or otherwise objectionable conditions;

(2) Open fires shall not be permitted; and

(3) The use shall not be approved for more than two (2) consecutive weeks and no more than one (1) month per calendar year;

(d) Community solar facility not meeting the requirements of Subtitle U § 600.1(d), subject to the following:

(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;

(e) Parking uses not meeting the criteria of Subtitle U § 600.1(e), subject to the following conditions:

(1) Any use authorized in this section shall not be likely to become objectionable because of noise, traffic, or number of employees or visitors; and

(2) The hours of active operation shall be arranged so as not to prove disturbing or otherwise objectionable to persons residing around the perimeter of the square in which the use is located;

(f) Residential use not meeting the criteria of Subtitle U § 600.1(f), subject to the following conditions:

(1) The Alley Lot is not wholly or partially within the R-1-A, R-1-B, or R- 2 zones;

(2) A building may not be constructed or converted for a dwelling unit unless the lo t is an Alley Record Lot and there is a minimum of four hundred and fifty square feet (450 sq. ft.) of lot area;

(3) The use shall be limited to one (1) dwelling unit per lot; accessory apartments are not permitted;

(4) The Alley Lot connects to an improved public street through an improved alley or system of alleys that provides adequate public safety and infrastructure availability;

(5) The Office of Zoning shall refer to the following agencies for their review and recommendation, if filed to the case record within the forty (40) day period established by Subtitle A § 211:

(A) Department of Transportation (DDOT);

(B) Department of Public Works (DPW);

(C) Metropolitan Police Department (MPD);

(D) Fire and Emergency Medical Services Department (FEMS);

(E) DC Water (WASA); and

(F) If a historic district or historic landmark is involved, the Historic Preservation Office (HPO); and

(6) The Board of Zoning Adjustment shall consider relevant agency comments concerning:

(A) Public safety;

(B) Water and sewer services;

(C) Waste management;

(D) Traffic and parking;

(E) Historic preservation; and

(g) Storage of wares or goods on an Alley Lot provided that the use shall be limited to the following:

(1) No storage use authorized in this section shall be located in a building containing more than twenty-five hundred square feet (2,500 sq. ft.) of gross floor area;

(2) Any use authorized in this section shall not be likely to become objectionable because of noise, traffic, or number of employees;

(3) The alley upon which the use is to be located shall be readily negotiable by any truck necessary for the proposed operation; and

(4) The hours of active operation shall be arranged so as not to prove disturbing or otherwise objectionable to persons residing around the perimeter of the square in which the use is located.

D.C. Mun. Regs. tit. 11, r. 11-U601

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 66 DCR 12144 (9/13/2019); amended by Final Rulemaking published at 67 DCR 12690 (10/30/2020)