Section 11-2501. MECHANICAL AMUSEMENT MACHINES: ACCESSORY USE

 

2501.1This section applies to accessory mechanical amusement machines.

 

2501.2Where a person seeks to offer or provide more than three (3) mechanical amusement machines as an accessory use, that person shall first provide the Zoning Administrator a dimensioned drawing that is drawn to scale and certified as to accuracy by the owner of the business. The scaled drawing is intended to provide the Zoning Administrator with the data necessary to make the appropriate review as required in this section.

 

2501.3The drawings required by § 2501.2 shall show the floor area of the entire establishment, including the area to be devoted to the use of the mechanical amusement machines, and the percentage of the establishment or facility to be devoted to the use of the mechanical amusement machines.

 

2501.4Where mechanical amusement machines are permitted as accessory uses, the machines shall not exceed the following:

 

(a)In an establishment or facility of less than two thousand square feet (2,000 ft.2), more than five percent (5%) of the floor area of the establishment or facility, or a maximum of three (3) machines;

 

(b)In an establishment or facility of two thousand and one square feet (2,001 ft.2) to four thousand square feet (4,000 ft.2), more than five percent (5%) of the floor area of the establishment or facility, or a maximum of five (5) machines; and

 

(c)In an establishment or facility of more than four thousand square feet (4,000 ft.2), more than five percent (5%) of the floor area of the establishment or facility, or a maximum of ten (10) machines.

 

2501.5Accessory mechanical amusement machines shall not be used to display specified sexual activities or specified anatomical areas, except that in the C-3-C, C-4, and C-5 (PAD) Districts, display of specified sexual activities or specified anatomical areas in mechanical amusement machines may be permitted as a special exception if approved by the Board of Zoning Adjustment in accordance with §§ 744, 754, and 3104.

 

2501.6The provisions of chapters 2 through 11 of this title and § 3203 shall not prohibit, nor be construed to prohibit, the continued use or operation of mechanical amusement machines as accessory uses in numbers and locations as have been licensed on or after October 31, 1977, by the District of Columbia government, even though those machines as accessory uses do not otherwise conform to this title; provided, that the numbers of those machines shall not exceed by more than fifty percent (50%) the maximum number of machines otherwise permitted by the requirements of § 2501.4.

 

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

§ 7601.6 of the Zoning Regulations, adopted pursuant to Final Rulemaking published at 25 DCR 7160, 7164-65 (January 26, 1979); as amended by Final Rulemaking published at 27 DCR 226, 2228 (May 23, 1980); and Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8525-26 (October 20, 2000).