Section 11-B201. RULES FOR DETERMINING USE CATEGORIES

201.1Use categories describe activities being performed on-site that have similar functions, physical characteristics, impacts, or operational behaviors.

201.2All individual uses shall be included in at least one (1) use category. On- and off-site activities associated with a use may cause that use to be included in more than one (1) group.

201.3A principal use may have one (1) or more accessory uses.

201.4The Zoning Administrator shall determine the category or categories for a use, based on consistency with Subtitle B, Chapter 2.

201.5The following may be considered when determining the appropriate group or groups for a use:

(a) The description of the activity or activities in relationship to the definition of each use category;

(b) The relative amount of site or floor space and equipment devoted to each activity;

(c) The relative amounts of sales from each activity;

(d) The customer type for each activity;

(e) The relative number of employees in each activity;

(f) The typical hours of operation;

(g) The building and site arrangement;

(h) The number and type of vehicles used;

(i) The relative number of vehicle trips generated by the activity;

(j) How the use is advertised;

(k) How the use is licensed; and

(l) Similarities in function to the examples and exceptions listed for each use category.

201.6The activities, functions, physical characteristics, and impacts of a use on a property may not change unless that change has been determined by the Zoning Administrator to be consistent with that use category or a different use category permitted within the applicable zone.

 

 

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, 2650 (March 4, 2016 – Part 2).