Section 11-2202. EXCEPTIONS TO THE SCHEDULE OF REQUIREMENTS

 

2202.1Within the Downtown Urban Renewal Area, loading berths and service/delivery loading spaces need not be provided if adopted public law or municipal regulation prohibits a curb cut on the street that the lot faces and there is no other alternative access to the lot through a street or alley.

 

2202.2Within the Downtown Urban Renewal Area, the Board of Zoning Adjustment is hereby authorized in accordance with the conditions specified in § 3104 for special exceptions to reduce or eliminate the required amount of loading berths and service/delivery loading spaces and to approve the use of off-site loading facilities, including joint loading berths and service/delivery loading spaces; provided:

 

(a)Other adopted public law, policy, or municipal regulation require or recommend that the street not be broken with a curb cut and there is no other alternative access to the lot through a street or alley;

 

(b)The reduction, elimination, location, or consolidation would not adversely affect traffic conditions or use of other public space;

 

(c)There would be no adverse effects on adjacent properties or topography;

 

(d)The Board may impose conditions as to screening, lighting, coping, setbacks, fences, location of entrances and exits, widening of abutting alleys, or any other requirement it deems necessary to protect adjacent or nearby property and promote the public health, safety and welfare; and

 

(e)Before taking final action on an application, the Board shall refer the application to the D.C. Department of Transportation for review and report.

 

source

Final Rulemaking published at 31 DCR 6585, 6621 (December 28, 1984); 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, 8507-08 (October 20, 2000).