Section 11-745. ELECTRONIC EQUIPMENT FACILITIES (C-3)

 

745.1An Electronic Equipment Facility (EEF) that does not qualify as a matter-of-right use under § 741.8 may be permitted as a special exception in a C-3 District if approved by the Board of Zoning Adjustment under § 3104, subject to the requirements of this section.

 

745.2An EEF shall not occupy more than fifty percent (50%) of the constructed gross floor area of the building, unless approved as part of a planned unit development pursuant to chapter 24 of this title.

 

745.3An applicant seeking a special exception for an EEF shall demonstrate, in addition to the requirements of § 3104, that the proposed use will not, as a consequence of its design, operation, low employee presence, or proximity to other EEFs, inhibit future revitalization of the neighborhood, reduce the potential for vibrant streetscapes, deplete street life, or inhibit pedestrian or vehicular movement.

 

745.4In evaluating whether an EEF will have any of the adverse impacts described in § 745.3, the Board shall consider, in addition to other relevant factors, the:

 

(a)Absence of retail uses or a design capable of accommodating retail uses in the future;

 

(b)Presence of security or other elements in the design that could impair street life and pedestrian flow;

 

(c)Disruption of existing or elimination of officially proposed pedestrian or vehicular routes; and

 

(d)Inability of the EEF to be adapted in the future for permitted uses.

 

745.5The Board, in weighing the potentially adverse factors listed in § 745.4(a) through (d), shall consider the economic development potential of the area in which the EEF is proposed to be established and shall give greater negative weight to these factors if the EEF is to be located in proximity to an existing or proposed Metrorail station or along a pedestrian corridor.

 

745.6The Board may give positive weight to any economic benefits that the proposed EEF will have on adjacent properties, including the potential for increased business activity within the neighborhood, if that activity will foster economic development.

 

745.7The Board may impose requirements pertaining to design, appearance, landscaping, parking, and other such requirements as it deems necessary to protect adjacent property and to achieve an active, safe, and vibrant street life.

 

source

Final Rulemaking published at 48 DCR 9330, 9832-34 (October 26, 2001); as amended by Final Rulemaking published at 49 DCR 1655 (February 22, 2002), incorporating by reference the text of Proposed Rulemaking published at 48 DCR 11159, 11161 (December 7, 2001).