Section 11-U601. SPECIAL EXCEPTION USES ON ALLEY LOTS (R, RF, AND RA)

 

601.1The following uses shall be permitted on an alley lot in the R, RF, and RA zones, as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9, subject to any specific provisions of each section:

 

(a)No camp or any temporary place of abode in any tent, wagon, van, automobile, truck, or trailer of any description shall be permitted on an alley lot when not accompanied by the property owner, unless approved as a special exception subject to the following conditions:

 

(1)The use shall be located so that it is not likely to become objectionable to adjoining and nearby property because of noise, traffic, parking, lighting, sanitation, or otherwise objectionable conditions; 

 

(2)Open fires shall not be permitted; and

 

(3)The use shall not be approved for more than two (2) consecutive weeks and no more than one (1) month per calendar year;

 

(b)Parking uses not meeting the matter of right standards, provided that a publicly operating parking area use shall be subject to the following conditions:

 

(1)Any use authorized in this section shall not be likely to become objectionable because of noise, traffic, or number of employees; and

(2)The hours of active operation shall be arranged so as not to prove disturbing or otherwise objectionable to persons residing around the perimeter of the square in which located;

 

(c)Residential use not meeting the matter-of-right requirements of Subtitle U § 600.1(e), provided that the use shall be limited to one (1) dwelling unit on an alley lot, subject to the following conditions:

 

(1)The alley lot is not wholly or partially within the R-1-A, R-1-B, or R-2 zones;

 

(2)A building may not be constructed or converted for a dwelling unit unless there is a minimum of four hundred and fifty (450) square feet square feet of lot area;

 

(3)The alley lot connects to an improved public street through an improved alley or system of alleys that provides adequate public safety, and infrastructure availability; and

 

(4)The Board of Zoning Adjustment shall consider relevant agency comments concerning:

 

(A)Public safety, including any comments from the Fire and Emergency Medical Service Department and the Metropolitan Police Department;

 

(B)Water and sewer services, including any comments from the Water and Sewer Authority, especially the Department of Permit Operations;

 

(C)Waste management, including any comments from the Department of Public Works; and

 

(D)Traffic and parking, including any comments from the District Department of Transportation; and

 

(5)An applicant shall submit or arrange for the submission of agency comments to the official case record.  If no agency submission occurs, an applicant shall instead describe any communications with relevant agencies; and

 

(d)Storage of wares or goods on an alley lot provided that the use shall be limited to the following:

 

(1)No storage use authorized in this section shall be located in a building containing more than twenty-five hundred square feet (2,500 sq. ft.) of gross floor area;

 

(2)Any use authorized in this section shall not be likely to become objectionable because of noise, traffic, or number of employees;

 

(3)The alley upon which the use is to be located shall be readily negotiable by any truck necessary for the proposed operation; and

 

(4)The hours of active operation shall be arranged so as not to prove disturbing or otherwise objectionable to persons residing around the perimeter of the square in which the use is located.

 

 

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).