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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 11. ZONING REGULATIONS OF 1958 |
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Chapter 11-31. BOARD OF ZONING ADJUSTMENT RULES OF PRACTICE AND PROCEDURE |
Section 11-3104. SPECIAL EXCEPTIONS
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3104.1The Board is authorized under § 8 of the Zoning Act, D.C. Official Code § 6-641.07(g)(2) (formerly codified at D.C. Code § 5-424(g)(2) (1994 Repl.)), to grant special exceptions, as provided in this title, where, in the judgment of the Board, the special exceptions will be in harmony with the general purpose and intent of the Zoning Regulations and Zoning Maps and will not tend to affect adversely, the use of neighboring property in accordance with the Zoning Regulations and Zoning Maps, subject in each case to the special conditions specified in this title, as follows:
TYPE OF SPECIAL EXCEPTION
ZONE DISTRICT
SECTIONS IN WHICH THE CONDITIONS ARE SPECIFIED
Accessory apartment to one-family detached dwelling
R-1 District
§ 202.10
Accessory mechanical amusement machines used to display sexual activities or specific anatomical areas
C-3-C, C-4, C-5 (PAD)
Districts
§ 2501.5
Accessory uses in C-5 (PAD) District not specifically permitted
C-5 (PAD) District
§ 761.5
Additions to one-family dwellings or flats
Any R District
§ 223
Adult day treatment facility
R-1, R-2, and R-3 District
§ 205
Animal Boarding
Any C-2, C-3, C-4, USN, C-M or M District
§§ 721.7, 721.8, 735, 736, 802.21 and 822.14
Animal shelter
Any C-2, C-3, C-4 or USN District
§739
Athletic field operated by local community organization
Any R District
§ 209
Antenna for commercial TV or FM
Any R, SP, or CR District, W-1, W-2, or W-3 Districts
§§211, 514, 617, and 914
Antenna, other than commercial
Any R, SP, or CR District, W-1, W-2, or W-3 Districts
§§ 212,515, 617, and 914
Art gallery
R-5 District
§ 361
ARTS Overlay District - substitution of bonus use for existing legitimate theater use
ARTS Overlay District
§ 1904.5
ARTS Overlay District - use and area requirements
ARTS Overlay District
§§ 1901.4 and 1906.1
Automobile sales or repair
CR District
§ 614
Automobile accessory sales
C-1 District
§ 710
Boathouse
W-0 District
§ 921
Bowling alley
CR, C-1, W-1, W-2, and W-3 Districts
§§ 609, 709, and 908
Building lot control
Any R District or within 25 feet of
an R District
§ 2516
Building service trades, including
plumber, electrician, exterminator, and air-conditioning mechanic
CR, W-1, W-2, and W-3 Districts
§§ 612 and 912
CAP Overlay District - uses
CAP Overlay District
§§ 1201.3 and 1202
Caretaker’s Residence
W-0 District
§ 924
Carport - location
Any District
§ 2300.8
CB/UT Overlay District - area
requirements, tree removal, grading, and topographical change
CB/UT Overlay District
§§ 1568.3 and 1569
Child/elderly development center
Any R District
§ 205
Church programs
SP District
§ 517
Clerical and religious group residences
SP District
§ 516
Commercial adjuncts to hotel with less than 100 rooms or suites
R-5-B, R-5-C, R-5-D, and R-5-E
Districts
§ 356
Community-based residential facility
Any R, SP, CR, C-1, or C-2 District, W-1, W-2, or W-3 Districts
§§ 218 - 221, 303 - 306. 335, 357 -360, 513, 616, 711, 732, and 913
Community center building operated by local community organization
Any R District
§ 209
Community service center
R-4 and R-5 Districts
§§ 334 and 352
Convenience stores and personal services in apartment house
R-5 Districts
§ 354
Conversion of non-residential building to apartment house not meeting the requirements of § 330.7
R-4 District
§ 337
Conversion of residential building to apartment house
R-4 District
§ 336
District government use in former public school buildings.
R-1 District
§ 222
Electric substation
Any R, SP, or CR District, W-1, W-2, or W-3 Districts
§§ 207, 509, 608, and 907
Electronic Equipment Facility
C-3, C-4, USN, C-M, or M District
§§ 745, 756, 802.10 - 802.16, and 822.9 - 822.14
Excavation of clay. sand, or gravel
Any R or C District
§ 2505.3
Expanded child development home for ten (10) to twelve (12) individuals fifteen (15) years of age or less.
Any R District
§ 203.7(f)
Expansion of former public school buildings with District government uses, or other permitted uses.
R-1 District
§ 222
Extension of use, height, and bulk
Any District
§§ 107.8 and 2514.2
Fast food restaurant near Residence District
C-3-A District
§ 743.4
Floating home
W-0 District
§ 922.3 and §922.3
FT Overlay District - setback, landscaping, and fencing
FT Overlay District
§ 1564
Gasoline service stations
C-1, C-2, C-3, and USN Districts
§§ 706, 726, and 743.1
Green Area Ratio
All Districts where applicable
§ 3405
Height in excess of 35 feet to a maximum of 40 feet in R-4 Districts as specified in § 400.1
R-4 District
§ 400.23
Home occupation not specifically permitted or prohibited in § 203
R-1 District
§ 203.10
Hospital or clinic
CR, W-1, W-2, or W-3 Districts
§§ 606 and 906
Hotel or inn
SP District
§ 512
Intermediate materials recycling facility
C-M District
§ 802.3
Laboratory, research or testing
CR District
§ 613
Langdon Overlay - setback, landscaping, fencing, and parking requirements
LO Overlay District
§ 806.6
Laundry or dry cleaning establishment
C-2, C-3, C-4, C-5 (PAD), and USN District
§§ 729, 743.2(c), 753.1(b), and 761.2
Light manufacturing, processing, fabricating. or milling
CR, W-1,W-2,or W-3 Districts
§ 610 and 909
Loading berths - location and number
Downtown Urban Renewal Area and USN District
§ 2202.2
Loading berths - modification of access. maintenance, and operations standards
Any District
§ 2204.13
Marina
W-0 District
§ 922
Massage establishment
C-2, C-3, C-4, C-5 (PAD), USN, C-M, and M Districts
§§ 731, 743.3, 753.2, 761.2, 802.2,
and 822.2
Mechanical parking garage
C-3 Districts
§ 743.1
Minimum Pervious Surface
All Districts where applicable
§ 412
Miscellaneous uses
CR or W Districts
§§ 618 , 915 and 922
Motorcycle sales or repair
CR, C-2, C-3-A, and C-3-B Districts
§§ 614, 727, and 743.2
MW Overlay District - lot greater than 10,000 square feet
MW Overlay District
§ 1308.2
Natural gas regulatory stations
Any R, SP, or CR District, W-1, W-2, or W-3 Districts
§§ 207, 509,608 and 907
Naval Observatory Precinct Overlay District - special exceptions
NO Overlay District
§ 1533
Neighborhood Commercial Overlay District - special exceptions
NC Overlay District
§ 1304
Nightclub, bar, cocktail lounge or restaurant within a penthouse
Any District where use permitted within a building.
411.4
Nonconforming antenna - temporary replacement
Any District
§ 2001.12
Nonconforming use - change
Any District
§ 2003
Nonprofit organization use of existing residential building and land
Not-for-profit use in former public school buildings.
Any R District
R-1 District
§ 217
§ 222
Office building - construction, addition, or conversion
SP District
§ 508.1
Park operated by local community organization
Any R District
§ 209
Parking garage
R-5 and SP Districts
§§ 355 and 506
Parking garage on alley lot
R-4 and R-5 Districts
§§ 333 and 352
Parking lot
Any R or SP District
§§ 213 and 505
Parking lot on alley lot
Parking lot standards
R-4 and R-5 Districts
R-1, R,-2, R-3, R-4, and R-5-A Districts and contiguous districts
§§ 333 and 352
§§ 2303.2 - 2303.5
Parking spaces - location and amount
Downtown Urban Renewal Area
§§ 2103.2 - 2103.6
Parking spaces - location of accessory spaces
Any District
§§ 214, 510, 708, 730, 743.2(d), 751.1(c), 761.2, 803.1, 824, 926.1 and 2116.5-2116.9
Parking spaces - location, row dwellings
Any District
§ 2117.9(c)
Parking spaces - reduction or elimination for boathouses
W-0 District
§ 926.3
Parking spaces, nonresidential - reduction in required amount
Any District
§ 2108
Parking spaces, nonresidential - reduction in required amount outside Central Employment Area and with connection to Metrorail Station
Any District
§ 2107
Penthouses - above a detached dwelling, semi-detached dwelling, rowhouse, or flat
Any District
411.5
Penthouses - location, design, number, and all other regulated aspects
Any District
411.11
Pet grooming establishment
Any C-2, C-3, C-4, USN, C-M, or M District
§§ 736, 802.25, and 822.20
Playground operated by local community organization
Any R District
§ 209
Prepared food shop with greater than eighteen seats for patrons
C-1, C-2-A
712
Private stable
Any R District
§ 208
Public recreation and community center
Any R, SP, CR, or W
District
§§ 402.7, 403.3, 408.1, 531.2, 532.3, 538.1, 632.1, 634.4, 931.3, 932.4, 937.1, and 2001.13
Public school (not meeting the Requirements of Chapter 4).
Any R District
206
Public storage garage on alley lot
R-4 and R-5 Districts
§§ 333 and 352
Public utility pumping stations
Any R, SP, CR, or C District, USN, W-1, W-2, or W-3 Districts
§§ 207, 509, 608, 707, 728, 743.2(b), 753.1, 761.2, and 907
RC Overlay District - area and use restrictions
RC Overlay District
§ 1403
Rear yard requirements - waiver
C-3 or C-4 District
§ 774.2
Repair garage
C-2, C-3, and USN Districts
§§ 726.1 and 743.1
Residential developments, new
R-5-A District
§ 353
Retail, service, arts and cultural uses as specified
W-0 District
§ 925
Roof structures - location, design, number, and all other regulated aspects
Any District
§§ 411.11, 537.1, 639.1, 777.1, 845.1, and 936.1
School - private school other than trade school
Any R District
§ 206
School - private school or trade school
W-1,W-2, or W-3 Districts
§ 912
School - residence for teachers and staff of private school
R-1, R-2, R-3, and R-4 Districts
§ 206
Sexually-oriented businesses
C-3, C-4, and C-5 (PAD) Districts
§§ 744, 754, and 761.2
Solid waste handling facility
C-M and M Districts
§§ 802.4 - 802.9 and 822.3 - 822.8
SSH Overlay District - nonresidential uses
SSH Overlay
§ 1553
Storage of wares and goods on alley lot
R-4 and R-5 Districts
§§ 333 and 352
Surface Parking Lots Landscaping Standards
All Districts where applicable
§ 2111
Swimming pool operated by local community organization
Any R. District
§ 209
Telephone exchange
R4, R-5, SP, CR, and W-1,W-2, and W-3 Districts
§§ 332.1(b), 509, 608, and 907
TSP Overlay District - ground coverage and tree removal
TSP Overlay District
§ 1515
Veterinary boarding hospital
Any C-2, C-3, C-4, USN, C-M, or M District
§§ 738, 802.27, and 822.22
Warehouse use
CR, W-1, W-2, and W-3 Districts
§§ 611 and 910
Wholesale use
CR, W-1, W-2, and W-3 Districts
§§ 611 and 910
Yacht club
W-0 District
§ 923
3104.2In the case of a use that was originally permitted and lawfully established as a matter of right and for which the Zoning Regulations now require special exception approval from the Board of Zoning Adjustment, any extension or enlargement of that use shall require special exception approval from the Board.
3104.3In determining whether to approve any extension or enlargement under § 3104.2, the Board shall apply the standards and criteria of the Zoning Regulations to the entire use, rather than to just the proposed extension or enlargement.
3104.4Effective December 8, 2000, the Zoning Commission shall, pursuant to § 3035 and the standards in § 3104.1, hear and decide all applications for special exception approval under §§ 210, 302.2, 322.2, 332.2, 352.2, 507, 615, and 916 of a campus development plan; the amendment of a campus development plan; the further processing of an approved campus development plan to permit the construction and use of a specific building or structure within a campus, whether the plan was approved by the Commission or the Board of Zoning Adjustment; and the interim use of land or improved property within a reasonable distance of a campus. The following table summarizes the uses that may be permitted:
TYPE OF SPECIAL EXCEPTION
ZONE DISTRICT
SECTIONS IN WHICH THE CONDITIONS ARE SPECIFIED
College, university, or other academic institution of higher learning
Any R, SP or CR District, or W-1, W-2, or W-3 Districts
§§ 210, 507, 615, and 916
Dormitory, fraternity, or sorority house on campus
R-1, R-2, R-3, and SP
Districts
§§ 210 and 507
Hospital - college or university, on campus
R-1, R-2, R-3, and SP
Districts
§§ 210 and 507
3104.5Except for the sua sponte review provisions of § 3128, the Commission shall use the Board of Zoning Adjustment Rules of Practice and Procedure in this chapter in processing, reviewing, and approving all applications for special exception approval for college and university uses, such that wherever a particular provision in this chapter refers to the Board of Zoning Adjustment, the word " Board" shall mean Zoning Commission.
3104.6The sua sponte review provisions of § 3128 do not apply to cases heard and decided by the Commission under this section.