Section 11-U518. SPECIAL EXCEPTION USES (MU-USE GROUP G)  


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    518.1The 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)Automobile or motorcycle sales or repair subject to the provisions of this section:

     

    (1)The use shall be located so that it is not objectionable to other uses on the same or neighboring property because of noise, fumes, or other conditions;

     

    (2)The use shall not result in dangerous or otherwise objectionable traffic conditions;

     

    (3)The use and all its accessory facilities, including automobile storage, shall be located within a building;

     

    (4)No portion of a building use for vehicle sales or repair shall be used within fifty feet (50 ft.) of a R, RF, RA MU-1, MU-2, MU-15, MU-16, or MU-23 zone; and

     

    (5)The Board of Zoning Adjustment may impose additional requirements pertaining to location of buildings or other structures, entrances, exits, or soundproofing, or other requirements as the Board deems necessary to protect adjacent or nearby property;

     

    (b)An antenna tower or monopole;

     

    (c)Bowling alley, subject to the provisions of this section:

     

    (1)Bowling alley use shall not be within twenty-five feet (25 ft.) of a residential zone unless separated from such district by a street or alley; and

     

    (2)Soundproofing to the extent deemed necessary for the protection of adjoining and nearby property shall be required;

     

    (d)Building service trade, including, but not limited to, plumber, electrician, exterminator, or air conditioning mechanic;

     

    (e)College or university that is an academic institution of higher learning, including a college or university hospital, dormitory, fraternity, or sorority house proposed to be located on the campus of a college or university, subject to the conditions of Subtitle X;

     

    (f)Emergency shelter for five (5) to twenty-five (25) persons, not including resident supervisors or staff and their families, subject to the standards and conditions of Subtitle U § 203.1(h);

     

    (g)Experimental research or testing laboratory;

     

    (h)Health care facility for sixteen (16) to three hundred (300) persons, not including resident supervisors or staff and their families, subject to the standards and conditions of Subtitle U § 203.1(k);

     

    (i)Hospital or clinic use, if the Board of Zoning Adjustment considers that this use is appropriate in furthering the objectives of the zone, subject to the provisions of this section:

     

    (1)The hospital or clinic use shall be located so that it is not likely to become objectionable to surrounding and nearby property because of noise, traffic, or parking;

     

    (2)There shall be a demonstrated need for the facility;

     

    (3)The applicant shall submit to the Board of Zoning Adjustment a detailed plan for the hospital or clinic and accessory facilities, showing the following:

     

    (A)Location, height, and bulk of all improvements, including but not limited to buildings, parking and loading facilities, screening, signs, and public utility facilities;

     

    (B)A description of the activities to be carried on at the hospital or clinic, including the capacities of the various facilities within the hospital or clinic; and

     

    (C)Before taking final action on an application for hospital or clinic use, the Board of Zoning Adjustment shall refer the application to the Office of Planning for coordination, review, and report, including review and report by the Department of Human Services on the need for the facility as well as the specific design of the facility and the District Department of Transportation;

     

    (j)Light manufacturing, processing, fabricating, or milling, subject to the provisions of this section:

     

    (1)The use shall comply with the standards of external effects for PDR zones and shall have no adverse effects on other uses on the same or adjoining properties;

     

    (2)The use shall not result in dangerous or otherwise objectionable traffic conditions;

     

    (3)There shall be adequate off-street parking for trucks and other service vehicles;

     

    (4)There shall be no outdoor storage of materials; and

     

    (5)The Board of Zoning Adjustment may impose requirements pertaining to design, appearance, or screening, or any other requirements that it deems necessary for the protection of neighboring or adjacent property;

     

    (k)A Metropolitan Police Department vehicle maintenance facility or equestrian unit, subject to the condition that it be located so that it is not likely to become objectionable to adjoining or nearby property because of noise or fumes;

     

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

     

    (m)Utilities, subject to the provisions of this section:

     

    (1)Any new construction of a freestanding structure used primarily for the purpose of housing an optical transmission node shall be subject to the following:

     

    (A)The structure shall be built to appear compatible with surrounding construction, including exterior building material, fenestration, and landscaping; and

     

    (B)There shall be no advertisement on the structure; and

     

    (2)The Board of Zoning Adjustment may impose any requirements for setbacks, screening, or other safeguards that it deems necessary for protection of the neighborhood;

     

    (n)Warehouse or wholesaler use; and

     

    (o)Other uses neither identified as permitted or not permitted, subject to the provisions of this section:

     

    (1)The use shall not adversely affect the present character and future development of the neighborhood;

     

    (2)No dangerous or otherwise objectionable traffic conditions shall result from the establishment of the use; and

     

    (3)The Board of Zoning Adjustment may impose requirements pertaining to the design, appearance, screening, or any other requirements that it deems necessary for the protection of neighboring or adjacent property.

     

     

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).