Section 11-U516. SPECIAL EXCEPTION USES (MU-USE GROUP F)

 

516.1The following uses shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9, subject to the provisions of this section:

(a)Retail, large format, subject to the conditions of Subtitle U § 511.1(j);

(b) Sexually-oriented business establishment in the MU-9, MU-21, or MU-30 zone, subject to the following conditions:

(1)No portion of the establishment shall be located within six hundred feet (600 ft.) of an R, RF, RA, MU-1, MU-2, MU-15, MU-16, or MU-23 zone;

(2)No portion of the establishment shall be located within six hundred feet (600 ft.) of a church, school, library, playground, or the area under the jurisdiction of the Commission of Fine Arts pursuant to the Shipstead-Luce Act, approved May 16, 1930 (46 Stat. 366, as amended; D.C. Official Code § 6-611.01 (formerly codified at D.C. Official Code § 5-410 (1994 Repl.)));

(3)No portion of the establishment shall be located within three hundred feet (300 ft.) of any other sexually-oriented business establishment;

(4)There shall be no display of goods or services visible from the exterior of the premises;

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

(6)The use shall not become objectionable because of its effect on the character of the neighborhood or because of noise, traffic, or other conditions; and

(7)The establishment shall not have an adverse impact on religious, educational, or governmental facilities located in the area;

(c)Public utility pumping station, subject to any requirements pertaining to setbacks or screening, or other requirements the Board of Zoning Adjustment deems necessary for the protection of adjacent or nearby property;

(d)Enlargement of an existing laundry or dry cleaning establishment that contains more than five thousand square feet (5,000 sq. ft.) of gross floor area, subject to the provisions of this paragraph:

(1)Any noise or odor shall not adversely affect the neighborhood;

(2)Dangerous or otherwise objectionable traffic conditions shall not be created; and

(3)The Board of Zoning Adjustment may impose additional requirements as to the location of the building and other structures, the location of equipment, and other requirements as the Board deems necessary to protect adjacent or nearby property;

(e)An Electronic Equipment Facility (EEF) that does not qualify as a matter-of-right use under Subtitle U § 515.1(k) subject to the requirements of this paragraph:

(1)An EEF shall not occupy more than fifty percent (50%) of the constructed gross floor area of the building, unless approved as part of a planned unit development pursuant to Subtitle X, Chapter 3;

(2)An applicant shall demonstrate, in addition to the requirements Subtitle X, Chapter 9 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 movement;

(3)In evaluating whether an EEF will have any of the adverse impacts described in Subtitle U § 516.1(e)(2), the Board of Zoning Adjustment shall consider, in addition to other relevant factors, the:

(A) Absence of retail uses or 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)Inability of the EEF to be adapted in the future for permitted uses; and

(4)The Board of Zoning Adjustment 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;

(f)Where not permitted as a matter of right, any establishment that has as a principal use the administration of massages, subject to the following conditions:

(1)No portion of the establishment shall be located within two hundred feet (200 ft.) of an R, RF, or RA zone;

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

(3)The use shall not become objectionable because of its effect on the character of the neighborhood or because of noise, traffic, or other conditions; and

(4)The establishment shall not have an adverse impact on religious, educational, or governmental facilities located in the area.

(g)Where not permitted as a matter of right, a gasoline service station to be established or enlarged, or a repair garage not including body and fender work, subject to the following conditions: 

(1)The station shall not be located within twenty-five feet (25 ft.) of a residential zone;

(2)The operation of the use shall not create dangerous or other objectionable traffic conditions; and

(3)Required parking spaces may be arranged so that not all spaces are accessible at all times. All parking spaces provided under this subsection shall be designed and operated so that sufficient access and maneuvering space is available to permit the parking and removal of any vehicles without moving any other vehicle onto public space; and

(h)Any use permitted as a matter of right in MU-Use Group F that does not comply with the required conditions for Use Group F may apply for permission as a special exception, except firearms retail sales establishments.

 

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 64 DCR 7264 (July 28, 2017).