Section 11-822. SPECIAL EXCEPTIONS (M)

 

822.1The uses in this section shall be permitted as special exceptions in the M District if approved by the Board of Zoning Adjustment under § 3104, subject to the provisions specified in this section.

 

822.2Any establishment whose principal use is the administration of massages shall be permitted; provided:

 

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

 

(b)The use shall not be 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.

 

822.3Any establishment to be used as a solid waste handling facility shall be permitted only if the following requirements are met:

 

(a)No portion of the facility, including any structure, loading dock, truck bay, storage container, transfer equipment, or any other processing equipment or operation shall be located within three hundred feet (300 ft.) of a property in a Residence District used for residential purposes or located within fifty feet (50 ft.) of any adjacent property used as a public park or retail, office, or institutional purposes;

 

(b)No truck access to or egress from the site shall be located within fifty feet (50 ft.) of any adjacent property used as a public park or for residential, retail, office, or institutional purposes;

 

(c)The facility shall be designed to have access to a railway siding or spur to enable the transportation by rail of solid waste out of the District of Columbia. Solid waste shall be shipped from a facility by rail, except that shipping of solid waste by truck may be permitted by the Board, if the Board finds that the applicant has demonstrated by substantial evidence that the use of rail is not practically, economically, or physically feasible;

 

(d)The site shall be of sufficient size so as to permit the avoidance or reduction of adverse impacts on the character of the neighborhood due to noise, traffic, parking, odors, rodents and other disease vectors, dust, litter, fire hazards, decomposition gases, vehicle and other pollution, or other hazards or objectionable conditions;

 

(e)The applicant shall provide credible evidence to the Board to demonstrate the ability of the facility and its ancillary elements to comply with all applicable regulations. The evidence shall include, but not be limited to, the following:

 

(1)An indication of the site and description of land uses within one-fourth (1/4) of a mile of the site;

 

(2)A site plan showing the layout of the proposed facility, including main buildings, fences and screens, access to rail if available, street access, parking and queuing areas, and a functional diagram indicating the proposed use of the site;

 

(3)An operating plan indicating types of waste to be accepted at the facility and estimates of the volume and number of trips of incoming and outgoing materials daily and during peak periods;

 

(4)A plan for preventing and controlling offensive noises, odors, and rodents and other disease vectors;

 

(5)A traffic study that indicates truck routes to and from the facility on streets, to the extent possible, that are major arterials and highways that do not abut residential neighborhoods along the way, with the objective of minimizing potential adverse impacts on adjacent neighborhoods; and

 

(6)A certified statement by an architect or engineer licensed in the District of Columbia that the facility as sited and designed to the best of his or her professional knowledge and belief is capable of complying with this subsection and all other applicable regulations of the District of Columbia government, including without limitation, regulations adopted pursuant to the Solid Waste Facility Permit Act of 1995, effective February 27, 1996 (D.C. Law 11-94, as amended; D.C. Official Code §§ 8-1051 to 8-1063 (formerly codified at D.C. Code §§ 6-3451 to 3463 (1999 Supp.)));

 

(f)There shall be no truck access, parking, standing or queuing to the facility from any street or block-long portion of a street for which fifty percent (50%) or more of the abutting properties on either side are used for residential purposes. No truck dumping or picking up solid waste shall park, stand, or queue for the facility from any public right-of-way. Vehicular traffic resulting from operations at the facility shall not obstruct traffic. The location of the facility shall provide access from a paved street with a road base capable of withstanding anticipated load limits;

 

(g)The facility shall also be subject to the "Standards of External Effects (C-M)" in § 804 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;

 

(h)All solid waste handling activities, including depositing, processing, separation and loading shall be within a fully enclosed building to minimize the adverse impacts due to noise, traffic, parking, odors, rodents and other disease vectors, dust, litter, fire hazards, decomposition gases, wastewater, vehicle and other pollution, and other hazards or objectionable conditions;

 

(i)The facility shall be enclosed on all sides by an opaque fence or wall at least ten feet (10 ft.) high. The facility shall be secured from unauthorized deposit and removal of solid waste or other materials when attendants are not present; and

 

(j)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 lawfully parked on the site after operating hours;

 

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

 

(4)Additional parking, truck maneuvering, or queuing space may be required by the Board after considering the applicant's analysis of such needs and the reports of the D.C. Department of Transportation and the Office of Planning. However, at a minimum, the facility shall be configured in such a manner that trucks entering or leaving the facility shall not back in from or back out onto any public right-of- way.

 

822.4The Board may proscribe or require specific operating hours for the facility and the use of any street or highway for trucks entering or leaving the facility to lessen traffic congestion and otherwise assure the quiet enjoyment of residential uses adjacent to a facility.

 

822.5Nothing in this section shall preclude the Board from imposing additional or more strict conditions pertaining to design, screening, buffering, lighting, soundproofing, signs, or any matter necessary to protect adjacent property, and special consideration will be given to protecting residential property from excessive noise and traffic

 

822.6In determining whether to grant a special exception, the Board shall not take into consideration whether the District of Columbia government issued the applicant an interim operating permit for the facility. The granting of a special exception to a facility does not authorize that facility to operate, unless the facility has been granted all other forms of permission required for solid waste handling facilities, including, but not limited to, a valid interim operating permit or solid waste facility permit. A solid waste handling facility that has been granted a special exception remains obligated to abide by all laws applicable to solid waste handling facilities and is subject to all claims or enforcement actions that may arise from violations of the laws.

 

822.7Any otherwise valid interim permit issued by the District government to the operator of a solid waste handling facility shall be given effect by the Board only during the pendency of the Board's consideration of an application. In the event the Board denies the application, the continued operation of the facility shall be unlawful. In the event the Board grants an application, it may provide the applicant a reasonable time in which to construct the facility as approved by the Board.

 

822.8For purposes of this section, "solid waste" shall not include hazardous waste, which shall be subject to other regulations.

 

822.9An Electronic Equipment Facility (EEF) that does not qualify as a matter-of-right use under § 801 may be permitted as a special exception.

 

822.10An 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 traffic.

 

822.11In evaluating whether an EEF will have any of the adverse impacts described in § 822.10, the Board shall consider, in addition to other relevant factors, the:

 

(a)Absence of retail uses or of 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.

 

822.12The Board, in weighing the potentially adverse factors listed in § 822.11(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.

 

822.13The 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.

 

822.14In approving an EEF, the 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

 

822.15An asphalt plant shall be permitted as a special exception in the M District if approved by the Board of Zoning Adjustment under § 3104, subject to the provisions of §§ 802.17 through 802.20.

 

822.16An animal boarding use may be permitted as a special exception if approved by the Board of Zoning Adjustment under § 3104, subject to the requirements of this section.

 

822.17The animal boarding use shall be located and designed to create no condition objectionable to adjacent properties resulting from animal noise, odor, or waste.

 

822.18The animal boarding use shall not abut a Residence District.

822.19External yards or other exterior facilities for the keeping of animals shall not be permitted.

 

822.20A pet grooming establishment may be permitted as a special exception if approved by the Board of Zoning Adjustment under § 3104, subject to the requirements of this subsection.

(a)The pet grooming establishment shall be located and designed to create no objectionable condition to adjacent properties resulting from animal noise, odor, or waste;

 

(b)All animal waste shall be placed in closed waste disposal containers and shall utilize a qualified 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;

 

(c)The pet grooming establishment shall not abut an existing residential use or a Residence District;

 

(d)External yards or other external facilities for the keeping of animals shall not be permitted;

 

(e)The sale of pet supplies is permitted as an accessory use; and

 

(f)The Board may impose additional requirements as it deems necessary to protect adjacent or nearby properties.

822.21A pet shop may be permitted as a special exception if approved by the Board of Zoning Adjustment under § 3104, subject to the requirements of this subsection.

(a)The pet shop shall be located and designed to create no objectionable condition to adjacent properties resulting from animal noise, odor, or waste;

 

(b)The pet shop shall not abut an existing residential use or a Residence District;

 

(c)External yards or other external facilities for the keeping of animals shall not be permitted; and

 

(d)The Board may impose additional requirements as it deems necessary to protect adjacent or nearby properties.

 

822.22A veterinary boarding hospital may be permitted as a special exception if approved by the Board of Zoning Adjustment under § 3104, subject to the requirements of this subsection.

 

(a)A veterinary boarding hospital may board any animal permitted to be lawfully sold in the District of Columbia, pursuant to D.C. Official Code § 8-1808 (h)(1), except domesticated dogs;

 

(b)No more than fifty percent (50%) of the gross floor area of the veterinary boarding hospital may be devoted to the boarding of animals;

 

(c)The veterinary boarding hospital shall be located and designed to create no objectionable conditions to adjacent properties resulting from animal noise, odor, or waste;

 

(d)The veterinary boarding hospital shall not abut an existing residential use or a Residence District;

 

(e)External yards or other external facilities for the keeping of animals shall not be permitted;

 

(f)Pet grooming, the sale of pet supplies, and incidental boarding of animals as necessary for convalescence, are permitted as accessory uses; and

 

(g)The Board may impose additional requirements as it deems necessary to protect adjacent or nearby properties.

 

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

§ 6102.4 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 45 DCR 1848, 1852-55 (March 27, 1998); Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8421-22 (October 20, 2000); Final Rulemaking published at 48 DCR 9830, 9837-38 (October 26, 2001); Final Rulemaking published at 49 DCR 1655 (February 22, 2002), incorporating by reference Proposed Rulemaking published at 48 DCR 11159, 11163 (December 7, 2001); as amended by Final Rulemaking published at 53 DCR 5881, 5886 (July 21, 2006); as amended by Final Rulemaking published at 53 DCR 6369 (August 4, 2006); as amended by Final Rulemaking published at 54 DCR 8954 (September 14, 2007).