Section 11-821. USES AS A MATTER OF RIGHT (M)

 

821.1The uses in this section shall be permitted as a matter of right in M Districts.

 

821.2Any uses permitted in a C-M District under §§ 801.2 and 801.4 through 801.10.

 

821.3Any other lawful use not regulated by §§ 822 or 823 shall be permitted, subject to the standards of external effects in § 825, except emergency shelters.

 

821.4Accessory uses and accessory buildings customarily incidental to the uses in this section, including mechanical amusement machines subject to § 2501, shall be permitted.

 

821.5A drive-through accessory to a fast food establishment shall be permitted in an M District, subject to § 2304.

 

821.6An Intermediate Materials Recycling Facility shall be permitted; provided:

 

(a)No portion of the facility, including any structure, loading docks and truck bays, storage, transfer equipment, truck parking, or other similar processing equipment and operations, shall be located within two hundred feet (200 ft.) of a residential property line;

 

(b)There shall be no truck access or queuing to the site from residential streets. The facility shall comply with the "Standards of External Effects (M)" in § 825 and the District of Columbia Noise Control Act of 1977, effective March 16, 1978 (D.C. Law 2-53, as amended), and Standards, 20 DCMR chapters 27 - 29;

 

(c)The facility shall be enclosed on all sides by a fence or wall at least ten feet (10 ft.) high. The public view side or the side of the facility facing Residence Districts shall be landscaped and have an opaque screen, fence or wall not less than ten feet (10 ft.) high. The site shall be secured from unauthorized entry and removal of materials when attendants are not present;

 

(d)The site shall be maintained free of litter, trash, debris, and any other nonrecyclable materials;

 

(e)The facility shall provide on-site parking and queuing, as follows:

 

(1)Space shall be provided on-site to park each commercial vehicle operated by the facility;

 

(2)One employee parking space shall be provided for each commercial vehicle operated by the facility;

 

(3)If the facility serves the public, all parking and queuing space shall be provided on-site to accommodate projected peak demand; and

 

(4)No parking, queuing, or standing of trucks will be permitted on residential streets;

 

(f)All storage of waste or recycled materials shall be in sturdy containers or enclosures that are fully covered, secured, and maintained in good condition. Storage containers for waste or recycled flammable materials shall be approved by the Fire and Emergency Medical Services Department. No storage containers outside the facility structures shall be visible above the height of a required fence or wall. Outside storage shall only be permitted for a reasonable period of time and in reasonable quantities to allow for separation, conversion, baling, processing, and shipment of processed and nonprocessed materials;

 

(g)If the facility is located within five hundred feet (500 ft.) of a Residence District, it shall not be in operation between 7:00 p.m. and 7:00 a.m. Hours of operation shall include the arrival and departure of trucks and delivery and removal of materials and equipment. The facility shall be administered by on-site personnel during the hours the facility is open. Intermediate Materials Recycling Facilities shall not operate on Sunday; and

 

(h)Intermediate Materials Recycling Facilities shall comply with all environmental permit requirements of the District of Columbia government.

 

source

§ 6102.3 of the Zoning Regulations, effective May 12, 1958; as amended by: Final Rulemaking published at 22 DCR 1901, 1904 (October 14, 1975); Final Rulemaking published at 32 DCR 4374, 4378 (July 26, 1985); Final Rulemaking published at 35 DCR 465, 467 (January 22, 1988); Final Rulemaking published at 40 DCR 1951 (March 19, 1993); Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8420-21 (October 20, 2000); as amended by Final Rulemaking published at 54 DCR 9393 (September 28, 2007); as amended by Final Rulemaking published at 55 DCR 1794 (February 22, 2008).