Section 11-1403. SPECIAL EXCEPTIONS (RC)

 

1403.1An exception from the requirements of this chapter shall be permitted only if granted by the Board of Zoning Adjustment as a special exception pursuant to § 3104 after a public hearing, and subject to the following criteria:

 

(a)The use, building, or feature at the size, intensity, and location proposed will substantially advance the stated purposes of the RC Overlay District;

 

(b)Vehicular access and egress shall be designed and located so as to minimize conflict with pedestrian ways, to function efficiently, and to create no dangerous or otherwise objectionable traffic condition;

 

(c)Adequate off-street parking shall be provided for employees and for trucks and other service vehicles;

 

(d)If located within a C-2-B District, the use shall not be within twenty-five feet (25 ft.) of a Residence District, unless separated there from by a street or alley;

 

(e)Noise associated with the operation of a proposed use will not adversely affect adjacent or nearby residences;

 

(f)No outdoor storage of materials, nor outdoor processing, fabricating, or repair shall be permitted; and

 

(g)The use, building, or feature at the size, intensity, and location proposed will not adversely affect adjacent and nearby property or be detrimental to the health, safety, convenience, or general welfare of persons living, working, or visiting in the area.

 

1403.2A parking lot or garage shall be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to § 3104, subject to the following:

 

(a)The parking lot or garage shall meet the conditions specified in §§ 214.4 through 214.8;

 

(b)The parking lot or garage shall meet the conditions in § 1403.1; and

 

(c)The Board may require that all or a portion of the parking spaces be reserved for the following:

 

(1)Residential parking;

 

(2)Unrestricted commercial parking;

 

(3)Accessory parking for uses within eight hundred feet (800 ft.); and

 

(4)Shared parking for different uses by time of day.

 

authority

The Zoning Commission for the District of Columbia (the “Commission”), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 and 6-641.0).

source

Final Rulemaking published at 38 DCR 2384, 2387 (April 26, 1991); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8448-49 (October 20, 2000); as corrected by Errata Notice published at 58 DCR 4314, 4315 (May 20, 2011).