Section 11-801. USES AS A MATTER OF RIGHT (C-M)

 

801.1The uses set forth in this section shall be permitted in a C-M District as a matter of right.

 

801.2Any commercial use permitted in the C-4 District under § 751, except establishments whose principal use is the administration of massages, sexually-oriented business establishments, and international organizations, shall be permitted as a matter of right in a C-M District. For purposes of this subsection, a community-based residential facility shall not be considered a commercial use.

 

801.3Any dwelling existing on May 12, 1958, shall be permitted as a matter of right in a C-M District; provided, any addition to or enlargement of the dwelling shall conform with the yard, court, and percentage of lot occupancy standards for an R-3 District; and provided further, any increase in the building area of the dwelling shall be based upon a lot of a size not greater than that existing on May 12, 1958.

 

801.4An apartment for the use of a caretaker, watchman, or janitor employed on the premises shall be permitted as a matter of right in a C-M District.

 

801.5An apartment integrated with and accessory to an artist studio shall be permitted as a matter of right in a C-M District; provided, occupancy of the apartment shall be limited to the artist using the studio portion of the premises and the family of the artist.

 

801.6A hotel or inn shall be permitted as a matter of right in a C-M District.

 

801.7 The following additional uses shall be permitted as a matter-of-right in a C-M Zone District, subject to the standards of external effects in § 804:

 

(a) An animal shelter shall be permitted as a matter-of-right subject to the following standards:

 

(1) The animal shelter shall utilize industry standard sound-absorbing materials, such as acoustical floor and ceiling panels, acoustical concrete and masonry, and acoustical landscaping;

 

(2) Animal shelters shall place all animal waste in closed waste disposal containers and shall utilize a waste disposal company to collect and dispose of all animal waste at least weekly. Odor shall be controlled by means of an air filtration system or an equivalently effective odor control system;

 

(3) The use shall not be located within twenty-five feet (25 ft.) of a lot within a Residence District. The twenty-five feet (25 ft.) shall be measured to include any space on the lot or within the building not used by the animal shelter use and any portion of a street or alley that separate the use from a lot within a Residence District. Shared facilities that are not under the sole control of the animal shelter, such as hallways and trash rooms shall not be considered as part of the animal shelter use; and

 

(4) Outdoor runs and external yards for the exercise of animals shall be permitted, subject to the following requirements:

 

(A) No animals shall be permitted in outdoor runs or external yards between the hours of 8:00 p.m. and 8:00 a.m.;

 

(B) External yards and outdoor runs shall be enclosed with fencing or walls for the safe confinement of the animals and the absorption of noise fencing and/or walls shall be a minimum of eight feet (8 ft.) in height and constructed of solid or opaque materials with maximal noise-absorbing characteristics;

 

(C) No more than three (3) animals shall be permitted within any exterior yard or outdoor run at a time; and

 

(D) No part shall be located within two hundred feet (200 ft.) of an existing residential use or Residence District;

 

(b)An asphalt plant located in D.C. Village on the part of parcel 253/26 west of Shepherd Parkway, S.W., and east of the Anacostia Freeway (D.C. Village site) if the plant was located in Square 705, Lot 802 on November 21, 2005 and was relocated to the D.C. Village site, provided that the plant:

 

(1)Meets the requirements of § 802.17(a) through (h); and

 

(2)Displays no signs visible from the Anacostia Freeway;

 

(c)An Electronic Equipment Facility (EEF), provided an EEF exceeding twenty-five percent (25%) of the gross floor area of a building shall not be located within eight hundred feet (800 ft.) of an established or planned Metrorail station or within one thousand, two hundred and fifty feet (1,250 ft.) of the edge of a river as measured at mean high tide;

 

(d)Any light manufacturing, processing, fabricating, or repair establishment, except those uses for which a special exception is required pursuant to  § 802;

 

(e)Carting, express, moving, or hauling terminal or yard;

 

(f)Commercial athletic field;

 

(g)Driver's License Road Test Facility;

 

(h)Experimental, research, or testing laboratory;

 

(i)Fire Department Training Facility;

 

(j)Incinerator;

 

(k)Laundry or dry cleaning establishment, without limitation on gross floor area;

 

(l)Motorcycle sales and repair, with no limitation on location;

 

(m)Public utility pumping station;

 

(n)Repair garage; and

 

(m)Wholesale or storage establishment, including open storage, except a junk yard.

 

801.8Accessory uses and accessory buildings customarily incidental to the uses otherwise authorized by §§ 801 through 803 shall be permitted as a matter of right in a C-M District, including mechanical amusement machines subject to § 2501.

 

801.9Yards, buildings, and structures for the repair, maintenance, and storage of equipment related to a fixed right-of-way mass transit system shall be permitted as a matter of right in a C-M District.

 

801.10A drive-through accessory to a fast food establishment shall be permitted in a C-M District, subject to § 2304.

 

801.11The emergency shelter located at 2210 Adams Place, N.E. (Square 4259, Parcel 54/81) shall be permitted as a matter of right in the C-M District; provided that a Certificate of Occupancy as an emergency shelter is obtained within one year of the effective date of this amendment.

 

 

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

§ 6101.3 of the Zoning Regulations, effective May 12, 1958; as amended by Final Rulemaking published at 22 DCR 1901, 1903 (October 14, 1975); as amended by Final Rulemaking published at 24 DCR 5144, 5147 (December 16, 1977); as amended by Final Rulemaking published at 28 DCR 3482, 3505 (August 7, 1981); as amended by Final Rulemaking published at 30 DCR 3270, 3275 (July 1, 1983); as amended by Final Rulemaking published at 32 DCR 4374, 4378 (July 26, 1985); as amended by Final Rulemaking published at 35 DCR 465, 467 (January 22, 1988); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8414-15 (October 20, 2000); as amended by Final Rulemaking published at 48 DCR 9830, 9835 (October 26, 2001); as amended by Final Rulemaking published at 49 DCR 1655 (February 22, 2002), incorporating by reference Proposed Rulemaking published at 48 DCR 11159, 11162 (December 7, 2001); as amended by Final Rulemaking published at 50 DCR 1194 (February 7, 2003); as amended by Final Rulemaking published at 52 DCR 7259 (August 5, 2005); as amended by Final Rulemaking published at 52 DCR 9155 (October 14, 2005); as amended by Final Rulemaking published at 53 DCR 5881, 5885 (July 21, 2006); as amended by Final Rulemaking published at 54 DCR 8943 (September 14, 2007); as amended by Final Rulemaking published at 54 DCR 9393 (September 28, 2007); as amended by Final Rulemaking published at 55 DCR 757 ( January 25, 2008 ); as amended by Final Rulemaking published at 55 DCR 1794 (February 22, 2008); as corrected by Errata Notice published at 58 DCR 4314, 4317 (May 20, 2011); as amended by Final Rulemaking published at 62 DCR 3127 (March 13, 2015).