Section 11-3591. USES – RULE FOR INTERPRETATION

3591.1 This Section establishes rules for assigning and codifying use groups and use categories and regulations for the operation of temporary uses.

3591.2 The following rules shall be used to determine a use group:

(a) Use groups describe activities being performed on-site that have similar functions, physical characteristics, impacts, or operational behaviors;

(b) All individual uses shall be included in at least one (1) use group. On- and off-site activities associated with a use may cause that use to be included in more than one (1) group;

(c) A principal use may have one (1) or more accessory uses;

(d) The Zoning Administrator shall determine the category or categories for a use, based on consistency with § 3590;

(e) The following may be considered when determining the appropriate group or groups for a use:

(1) The description of the activity or activities in relationship to the definition of each use category;

(2) The relative amount of site or floor space and equipment devoted to each activity;

(3) The relative amounts of sales from each activity;

(4) The customer type for each activity;

(5) The relative number of employees in each activity;

(6) The typical hours of operation;

(7) The building and site arrangement;

(8) The number and type of vehicles used;

(9) The relative number of vehicle trips generated by the activity;

(10) How the use is advertised;

(11) How the use is licensed;

(12) Similarities in function to the examples and exceptions listed for each use group;  and

(f) The activities, functions, physical characteristics, and impacts of a use on a property may not change unless that change has been determined by the Zoning Administrator to be consistent with that use group or a different use group permitted within the applicable zone.

3591.3 When a site contains more than one (1) use and these uses fall within different use groups, each use is subject only to the regulations of the applicable use group.

3591.4 If a use is determined to fall into more than one (1) use group, the use is subject to the regulations for all applicable use groups. If this results in conflicting conditions or criteria, the most stringent conditions shall be met.

3591.5 Accessory uses shall conform to the following rules:

(a) Any use allowed as a permitted use in a zone shall be allowed as an accessory use within that zone;

(b) Any use allowed only with conditions in a zone shall be allowed as an accessory use within that zone, subject to all applicable conditions;  and

(c) Accessory uses:

(1) Shall be allowed only when associated with permitted or conditionally permitted uses; and

(2) Shall meet all of the conditions of the appropriate use group.

3591.6 Temporary uses shall conform to the following rules:

(a) Any use allowed as a permitted use in a zone shall be allowed as a temporary use within that zone;

(b) Any use allowed only with conditions in a zone shall be allowed as a temporary use within that zone, subject to all applicable conditions;  and

(c) Temporary uses:

(1) Shall have the time period of the allowance established on the Certificate of Occupancy but shall not exceed five (5) years; and

(2) Shall not result in the erection of any new permanent structures, although existing permanent structures may be used for a temporary use.

 

 

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)).

source

Final Rulemaking published at 62 DCR 12168 (September 4, 2015).