Section 11-743. SPECIAL EXCEPTIONS (C-3)

 

743.1A gasoline service station established or enlarged after December 20, 1985, a repair garage in any C-3 District, or a mechanical parking garage in C-3-A and C-3-B Districts, shall be permitted in a C-3 District as a special exception if approved by the Board of Zoning Adjustment under § 3104, subject to the provisions of § 706 and chapter 23 of this title.

 

743.2The following buildings and uses shall be permitted in a C-3 District as a special exception if approved by the Board of Zoning Adjustment under § 3104:

 

(a)Motorcycle sales and repair in C-3-A and C-3-B Districts, subject to the conditions for the use in § 727;

 

(b)Public utility pumping station, subject to any requirements pertaining to setbacks, screening, or other requirements that the Board deems necessary for the protection of adjacent or nearby property;

 

(c)Enlargement of existing laundry or dry cleaning establishment that contains more than five thousand square feet (5,000 ft.2) of gross floor area, subject to the conditions for the use in § 729; and

 

(d)Accessory parking spaces elsewhere than on the same lot or part of the lot on which any principal use is permitted in C-3 Districts, except for a one-family dwelling or motel, when the parking spaces will be established within the square in which the principal use is located, subject to the provisions of § 510.

 

743.3Any establishment that has as a principal use the administration of massages may locate in a C-3 District within two hundred feet (200 ft.) of any Residence District, if approved by the Board of Zoning Adjustment as a special exception under § 3104; provided:

 

(a)The establishment shall be compatible with other uses in the area;

 

(b)The use shall not become objectionable because of its effect on the character of the neighborhood or because of noise, traffic, or other conditions; and

 

(c)The establishment shall not have an adverse impact on religious, educational, or other institutional facilities located in the area.

 

743.4A fast food establishment shall be permitted in a C-3-A District, where the lot on which the use is located is within twenty-five feet (25 ft.) of a Residence District and not separated therefrom by a street or alley if approved by the Board of Zoning Adjustment as a special exception under § 3104; provided:

 

(a)Any refuse dumpsters shall be housed in a three (3) sided brick enclosure equal to the height of the dumpster or six feet (6 ft.) high, whichever is greater. The entrance to the enclosure shall include an opaque gate. The entrance shall not face a Residence District;

 

(b)The use shall be designed and operated so as not to become objectionable to neighboring properties because of noise, sounds, odors, lights, hours of operation, or other conditions;

 

(c)The use shall provide sufficient off-street parking, but not less than that required by § 2101.1, to accommodate the needs of patrons and employees;

 

(d)The use shall be located and designed so as to create no dangerous or other objectionable traffic conditions;

 

(e)There shall be adequate facilities to allow deliveries to be made and trash to be collected without obstructing public rights-of-way or unreasonably obstructing parking spaces, aisles, or driveways on the site;

 

(f)There shall be no customer entrance in the side or rear of a building that faces a zone district boundary line for a Residence District; and

 

(g)The Board may impose conditions pertaining to design, screening, buffering, lighting, soundproofing, off-street parking spaces, signs, method and hours of trash collection, or any other matter necessary to protect adjacent or nearby property.

 

743.5Each application submitted under § 743.4 shall be referred to the D.C. Office of Planning for coordination and review by all relevant District agencies, for report and impact assessment.

 

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

§ 5103.4 of the Zoning Regulations, effective May 12, 1958; as amended by: Final Rulemaking published at 27 DCR 2066, 2228 (May 16, 1980); Final Rulemaking published at 32 DCR 7499 (December 20, 1985); Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8401-02 (October 20, 2000); as amended by Final Rulemaking published at 54 DCR 9393 (September 28, 2007).