Section 10-A311. LU-2.3 RESIDENTIAL LAND USE COMPATIBILITY

 

311.1Many of Washington’s neighborhoods were developed before 1920, when the city adopted its first zoning regulations. As a result, the older neighborhoods tend to have a patchwork pattern of land uses, with business and residential activities sometimes occurring on the same block. While this pattern has created some of the city’s most desirable and interesting neighborhoods, it has also introduced the potential for conflict. Certain commercial and industrial uses may generate noise, odor, traffic, litter, and other impacts that affect the quality of life in adjacent residential neighborhoods. Similarly, introducing new residential uses to commercial or industrial areas can make it difficult for established businesses to operate effectively. 311.1

 

311.2Land use compatibility is addressed through the District’s zoning regulations. The regulations list uses that are permitted as a matter-of-right and those that are permitted with a Special Exception (and in some cases, uses that are prohibited) in each zone. Over the years, a variety of “standards for external effects” have been applied to address the impacts of different activities on adjacent uses. However, the Zoning Regulations have not been comprehensively updated in almost 50 years, and do not address land use compatibility issues as effectively as they might. More effective use of performance standards, buffering and screening requirements, management of “problem” land uses, and the examination of appropriate matter of right uses should be pursued as the Zoning Regulations are redrafted. 311.2

 

311.3Policy LU-2.3.1: Managing Non-Residential Uses in Residential Areas

 

Maintain zoning regulations and development review procedures that:(a) prevent the encroachment of inappropriate commercial uses in residential areas; and (b) limit the scale and extent of non-residential uses that are generally compatible with residential uses, but present the potential for conflicts when they are excessively concentrated or out of scale with the neighborhood. 311.3

 

311.4Policy LU-2.3.2: Mitigation of Commercial Development Impacts

 

Manage new commercial development so that it does not result in unreasonable and unexpected traffic, parking, litter, shadow, view obstruction, odor, noise, and vibration impacts on surrounding residential areas. Before commercial development is approved, establish requirements for traffic and noise control, parking and loading management, building design, hours of operation, and other measures as needed to avoid such adverse effects. 311.4

 

311.5Policy LU-2.3.3: Buffering Requirements

 

Ensure that new commercial development adjacent to lower density residential areas provides effective physical buffers to avoid adverse effects. Buffers may include larger setbacks, landscaping, fencing, screening, height step downs, and other architectural and site planning measures that avoid potential conflicts. 311.5

 

311.6Policy LU-2.3.4: Transitional and Buffer Zone Districts

 

Maintain mixed use zone districts which serve as transitional or buffer areas between residential and commercial districts, and which also may contain institutional, non-profit, embassy/chancery, and office-type uses. Zoning regulations for these areas (which currently include the SP-1 and SP-2 zones) should ensure that development is harmonious with its surroundings, achieves appropriate height and density transitions, and protects neighborhood character. 311.6

 

311.7Policy LU-2.3.5: Institutional Uses

 

Recognize the importance of institutional uses, such as private schools, child care facilities, and similar uses, to the economy, character, history, and future of the District of Columbia. Ensure that when such uses are permitted in residential neighborhoods, they are designed and operated in a manner that is sensitive to neighborhood issues and that maintains quality of life. Encourage institutions and neighborhoods to work proactively to address issues such as traffic and parking, hours of operation, outside use of facilities, and facility expansion. 311.7

 

311.8Policy LU-2.3.6: Places of Worship and other Religious Facilities

 

Recognize places of worship and other religious facilities as an ongoing, important part of the fabric of the city’s neighborhoods.  Work proactively with the faith-based community, residents, ANCs, and neighborhood groups to address issues associated with these facilities’ transportation needs, operations, and expansion, so that existing and new religious facilities may be sustained as neighborhood anchors and a source of spiritual guidance for District residents.  Recognize also that places of worship or religious assembly, and some other religious facilities or institutions, are accorded important federal constitutional and statutory protections under the First Amendment (U.S. Const. Amend. I) and the Religious Land Use and Institutionalized Persons Act of 2000, approved September 22, 2000 (114 Stat. 803; 42 U.S.C. 2000cc).

 

311.9Policy LU-2.3.7: Non-Conforming Institutional Uses

 

Carefully control and monitor institutional uses that do not conform to the underlying zoning to ensure their long-term compatibility. In the event such uses are sold or cease to operate as institutions, encourage conformance with existing zoning and continued compatibility with the neighborhood. 311.9

 

 

311.10Policy LU-2.3.8: Non-Conforming Commercial and Industrial Uses

 

Reduce the number of nonconforming uses in residential areas, particularly those uses that generate noise, truck traffic, odors, air and water pollution, and other adverse effects. Consistent with the zoning regulations, limit the expansion of such uses and fully enforce regulations regarding their operation to avoid harmful impacts on their surroundings. 311.10

 

311.11Policy LU-2.3.9: Transient Accommodations in Residential Zones

 

Continue to distinguish between transient uses-such as hotels, bed and breakfasts, and inns-and permanent residential uses such as homes and apartments in the District’s Zoning Regulations. The development of new hotels on residentially-zoned land should continue to be prohibited, incentives for hotels (such as the existing Hotel Overlay Zone) should continue to be provided on commercially zoned land, and owner-occupancy should continue to be required for transient accommodations in residential zones. 311.11

 

311.12Policy LU-2.3.10: Conversion of Housing to Guest Houses and Other Transient Uses

 

Control the conversion of residences to guest houses, bed and breakfast establishments, clinics, and other non-residential or transient uses. Zoning regulations should continue to allow larger bed and breakfasts and small inns within residential zones through the Special Exception process, with care taken to avoid the proliferation of such uses in any one neighborhood. 311.12

 

Please refer to Policy 2.4.11 of this Element for additional guidance on hotel uses and the need to address their impacts.

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311.13Policy LU-2.3.11: Home Occupations

 

Maintain appropriate regulations (including licensing requirements) to address the growing trend toward home occupations, accommodating such uses but ensuring that they do not negatively impact residential neighborhoods. 311.13

 

311.14Action LU-2.3.A: Zoning Changes to Reduce Land Use Conflicts in Residential Zones

 

As part of the comprehensive rewrite of the zoning regulations, develop text amendments which: Expand buffering, screening, and landscaping requirements along the edges between residential and commercial and/or industrial zones; More effectively manage the non-residential uses that are permitted as a matter-of-right within commercial and residential zones in order to protect neighborhoods from new uses which generate external impacts; Ensure that the height, density, and bulk requirements for commercial districts balance business needs with the need to protect the scale and character of adjacent residential neighborhoods; Provide for ground-level retail where appropriate while retaining the residential zoning along major corridors; and Ensure that there will not be a proliferation of transient accommodations in any one neighborhood. 311.14

 

311.15Action LU-2.3.B: Analysis of Non-Conforming Uses

 

Complete an analysis of non-conforming commercial, industrial, and institutional uses in the District’s residential areas. Use the findings to identify the need for appropriate actions, such as zoning text or map amendments and relocation assistance for problem uses. 311.15

authority

Pursuant to the District of Columbia Comprehensive Plan Act of 1984, effective April 10, 1984 (D.C. Law 5-76; D.C. Official Code § 1-306.01 et seq.), the Comprehensive Plan for the National Capital: District Elements of 2006, effective March 8, 2007 (10 DCMR A300 through A2520) (“Comprehensive Plan”).

source

Comprehensive Plan Amendment Act of 2006, effective March 8, 2007 (D.C. Law 16-300) published at 54 DCR 924 (February 2, 2007); as amended by the Comprehensive Plan Amendment Act of 2010, effective April 8, 2011 (D.C. Law 18-361) published at 58 DCR 908, 910 (February 4, 2011).

notation

The provisions of Title 10, Part A of the DCMR accessible through this web interface are codification of the District Elements of the Comprehensive Plan for the National Capital. As such, they do not represent the organic provisions adopted by the Council of the District of Columbia. The official version of the District Elements only appears as a hard copy volume of Title 10, Part A published pursuant to section 9a of the District of Columbia Comprehensive Plan Act of 1994, effective April 10, 1984 (D.C. Law 5-76; D.C. Official Code § 1 -301.66)) . In the event of any inconsistency between the provisions accessible through this site and the provisions contained in the published version of Title 10, Part A, the provisions contained in the published version govern. A copy of the published District Elements is available www.planning.dc.gov.