Section 11-U506. SPECIAL EXCEPTION USES (MU-USE GROUP B)

 

506.1The following uses shall be permitted as a special exception in the MU-11 if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9, subject to any applicable provisions of each section and the requirements of Subtitle U §§ 506.3 through 506.8:

 

(a)Boathouse, subject to the following conditions:

 

(1)A boathouse may include rest rooms, showers, locker rooms, kitchen, exercise area, boat storage and maintenance, coach's office, one (1) caretaker's residence pursuant to Subtitle U § 506.1(b), rowing tank, dock, and related functions; and one (1) or more motorized safety launches for coaches are allowed for supervision of rowing practice and water safety;

 

(2)A demonstration that the boathouse and associated structures:

 

(3)Will be designed to enhance the visual and recreational opportunities offered along the waterfront;

 

(4)Will not result in the filling of normally submerged areas, and will minimize excavation to that reasonably required for a facility that is principally above-grade;

 

(5)Will be located so as not likely to become objectionable to surrounding and nearby property because of noise, traffic, or parking; and

 

(6)One (1) or more motorized safety launches for coaches are allowed for supervision of rowing practice and water safety;

 

(b)Caretaker’s residence subject to the following conditions:

 

(1)The caretaker's residence shall be located within the principal building and exclusively for the use of the facility's caretaker and immediate family; and

 

(2)If the caretaker's residence is larger than one thousand two hundred square feet (1,200 sq. ft.), it shall occupy no more than twenty percent (20%) of the total area of the principal building;

 

(c)Floating homes within a permitted marina or yacht club with a proposed maximum density of floating home berths in excess of fifty percent (50%) of the total number of berths in the marina or yacht club;

 

(d)Marina, which may also include the following as accessory uses:

 

(1)An office for the operation of the marina;

 

(2)Boat launching;

 

(3)The sale of marine fuels;

 

(4)Minor repairs and maintenance to boats and marine engines;

 

(5)The rental of boats; and

 

(6)Retail sales of supplies and services for small pleasure and commercial vessels;

 

(e)Parking, for uses within this chapter that are located elsewhere than on the lot on which the use is located:

 

(1)The parking spaces will be located to furnish reasonable and convenient parking for patrons of the principal building;

 

(2)Any support facility in relation to the parking spaces is designed so as not likely to become objectionable to adjoining or nearby property, park space, or the waterfront because of noise, traffic, or other objectionable conditions; and

 

(3)The parking spaces will be adequately screened from adjacent park space and from the waterfront, and shall be designed to prevent storm water run-off directly into the river;

 

(f)Retail; 

 

(g)Arts, design, and creation uses;

 

(h)Entertainment, assembly, and performing arts uses; and

 

(i)Yacht club provided the applicant shall demonstrate that the yacht club and associated facilities:

 

(1)Will be primarily for the use of the members of the yacht club, except that the yacht club may provide transient berths;

 

(2)Will be located so as not likely to become objectionable to surrounding and nearby property because of noise, traffic, or parking; and

 

(3)Will not result in the filling of normally submerged areas and will minimize excavation to that reasonably required for a facility that is principally above-grade.

 

506.2Off-street parking spaces shall be provided in the amount and manner specified in Subtitle C.

 

506.3With respect to any special exception use under consideration in the MU-11 zone, the Zoning Commission may authorize the following if the applicant is able to demonstrate that application of normally applied zoning regulations would result in an infeasible project and would hinder furtherance of the objectives of the waterfront areas:

 

(a)An increase of not more than five percent (5%) in the maximum lot occupancy, height, or floor area ratio as otherwise prescribed in this title. The Zoning Commission shall have the option to approve a greater increase if the subject property is surrounded by National Park Service lands; or

 

(b)A reduction of not more than five percent (5%) of the minimum setback or court requirements as otherwise prescribed in this title. The Zoning Commission shall have the option to approve a greater decrease if the subject property is surrounded by National Park Service lands.

 

506.4When applying for special exception under this section an applicant shall also demonstrate:

 

(a)The buildings, structures, and uses will enhance the visual and public recreational opportunities offered along the waterfront;

 

(b)Buildings, structures, and uses on land will be located and designed to minimize adverse impacts on the river and riverbank areas;

 

(c)If the proposed use is a boathouse, marina, or yacht club, the buildings will be located entirely on shore directly in front of berths, separated only by the setback area described in Subtitle C, Chapter 11, unless doing so would result in an infeasible project and would hinder furtherance of the objectives of the MU-11 zone;

 

(d)Buildings, structures, and uses on, under, or over water will be located and designed to minimize adverse impacts on the river and riverbank areas;

 

(e)All structures and buildings will be located so as not likely to become objectionable to surrounding and nearby property because of noise, traffic, or parking, and so as not to limit public access along or to the waterfront, other than directly in front of the principal building or structure of a boathouse, marina, or yacht club;

 

(f)Impervious surfaces will be minimized, and buildings, structures, and other uses will be designed and sited to minimize potential for surface storm water run-off directly into the river;

 

(g)Screening, coping, setbacks, fences, the location of entrances and exits, or any other consideration for accessory or non-accessory parking spaces will be designed to screen and protect adjacent parkland and the waterfront; and

 

(h)Emergency access will be provided to any buildings, structures, or other space devoted to active public use.

 

506.5An applicant for a special exception under this section shall provide the following information:

 

(a)A survey plan showing:

 

(1)Existing vertical contours at two-foot (2-ft.) intervals;

 

(2)The one hundred (100)-year floodplain and all existing streams, wetlands, and bodies of water, as well as general drainage patterns with arrows indicating the directions of major drainage flow;

 

(3)Existing vegetation, including a listing of most abundant species; and

 

(4)All existing disturbed areas, including the locations of utilities, paved areas, streets, culverts, storm water management systems, and bridges;

 

(b)A proposed site plan showing:

 

(1)The proposed location, height, bulk, and design of all improvements, including buildings, structures, pedestrian and vehicular access, parking, piers and wharves, berths, utilities, paved areas, culverts, storm water management, and bridges;

 

(2)Suitable open space treatment of a waterfront setback area, as required in Subtitle C, Chapter 11, for uses such as walkway, bikeway, passive or active recreation; and including provisions assuring private maintenance of the space, convenient and public access to the space, and suitable connections to adjacent public space along the waterfront;

 

(3)Proposed grading, including a calculation of the amount of cutting from and filling to natural grade;

 

(4)Proposed landscaping, including riverbank treatment/restoration; and

 

(5)The location and design of fencing, gates, screening, exterior lighting, and signage;

 

(c)A parking plan showing:

 

(1)The location and design of parking spaces, access driveways, and other impervious surface landscaping;

 

(2)The location and design of emergency vehicle access to all buildings, structures, and active public spaces; and

 

(3)For boathouse, marina, and yacht club facilities, a parking management plan for special events (such as regattas); and

 

(d)A description of activities proposed to be conducted at the site.

 

506.6Before commencement of a public hearing on an application for any special exception in the MU-11 zoning district, the Zoning Commission or Board of Zoning Adjustment shall refer the application to the Office of Planning for coordination, review, and report. The application shall include reports and recommendations from the Departments of Energy and Environment and Transportation and all other appropriate agencies.

 

506.7A report submitted by the Office of Planning under this section. shall specifically address the environmental impact of the proposed use, as that impact is identified by the Department of Energy and Environment; provided that any such report is not intended to be, and shall not be construed to constitute, the functional equivalent of an Environmental Impact Assessment or Statement.

 

506.8 Any use listed in Subtitle C § 509, USES NOT PERMITTED (MU-USE GROUPS B AND C), shall not be permitted by special exception.

 

 

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

Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017).