6241191 Zoning Commission Notice of Proposed Rulemaking: Case No. 08-06H(Text Amendment – 11-I DCMR: Technical Corrections to Z.C. Order 08-06A)  

  • ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

     

    NOTICE OF PROPOSED RULEMAKING

    Z.C. Case No. 08-06H

    (Text Amendment – 11 DCMR)

    Technical Corrections to Z.C. Order 08-06A

     

    The Zoning Commission for the District of Columbia, (Commission) pursuant to its authority under § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797), as amended; D.C. Official Code § 6-641.01 (2012 Rep1.)), hereby gives notice of its intent to amend Subtitles B, D, I, and U of Title 11 (Zoning Regulations of 2016) of the District of Columbia Municipal Regulations (DCMR), to make minor modifications and technical corrections to the amendments made by Z.C. Order 08‑06A (Order). The Order, which took the form of a Notice of Final Rulemaking, adopted comprehensive amendments to the Zoning Regulations that became effective on September 6, 2016.

     

    A full explanation for the corrections and modifications proposed may be found in the Office of Planning report, which appears as Exhibit 1 in this case, and which may be accessed on the Office of Zoning website at http://dcoz.dc.gov.  A proposed amendment to 11-A DCMR § 304.3 is not included in this notice because the proposed revision has been included in Z.C. Case No. 08-06G, and a proposed amendment to 11-U § 252 is not included due to the Office of the Attorney General’s concern that it was not technical in nature.

     

    Final rulemaking action shall be taken not less than thirty (30) days from the date of publication of this notice in the D.C. Register.

     

    The following amendments to the Title 11 DCMR are proposed (additions are shown in bold underlined text and deletions are shown in strikethrough text):

     

    Title 11 DCMR, ZONING REGULATIONS OF 2016, is amended as follows:

     

    Subtitle B, DEFINITIONS, RULES OF MEASUREMENT, AND USE CATEGORIES, is amended as follows:

     

    Chapter 1, DEFINITIONS, § 100, DEFINITIONS, § 100.2, definition of “Expanded Child Development Home” is amended to read as follows:

     

    Expanded Child Development Home: a dwelling unit used in part for the licensed care, education, or training for more than six (6) individuals, up to a maximum of twelve (12) individuals fifteen (15) years of age or less including all individuals age four (4) and younger who reside in the dwelling unit, provided that no more than six (6) of the individuals may be under two (2) years of age. Those individuals receiving care, education, or training who are not related by blood, marriage, or adoption to the caregiver shall be present for less than twenty-four (24) hours per day. This definition encompasses facilities generally known as a child care center, day care center, pre-school, nursery school, before-and-after school programs, and similar programs and facilities.

    Subtitle D, RESIDENTIAL HOUSE (R) ZONES, is amended as follows:

     

    Chapter 4, TREE AND SLOPE PROTECTION RESIDENTIAL HOUSE ZONES - R-6 AND R-7, § 408, PERVIOUS SURFACE, § 408.1, is amended as follows:

     

    408.1               The minimum percentage of pervious surface requirement of a lot in an R-6 or R-7 zone shall be fifty percent (50%).

     

    Chapter 5, FOREST HILLS TREE AND SLOPE RESIDENTIAL HOUSE ZONES - R-8, R-9, AND R-10, § 508, PERVIOUS SURFACE, § 508.1, is amended as follows:

     

    508.1               In an R-8, R-9, or R-10 zone, the minimum percentage of pervious surface requirement of a lot shall be fifty percent (50%); provided this subsection shall not:

     

    (a)        Preclude enlargement of a principal building in existence as of May 18, 2007; or

     

    (b)        Create nonconformity of a structure as regulated by this title

     

    Chapter 7, NAVAL OBSERVATORY RESIDENTIAL HOUSE ZONES - R-12 AND R-13, § 708, PERVIOUS SURFACE, § 708.1, is amended as follows:

     

    708.1               The minimum percentage of pervious surface requirement of a lot in the R-12 zone shall be fifty percent (50%).

     

    Chapter 8, WESLEY HEIGHTS RESIDENTIAL HOUSE ZONES - R-14 AND R-15, § 808, PERVIOUS SURFACE, § 808.1, is amended as follows:

     

    808.1               The minimum percentage of pervious surface requirement of lots in the R-14 and R-15 zones shall be fifty percent (50%).

     

    Subtitle I, DOWNTOWN (D) ZONES, is amended as follows:

     

    Chapter 6, LOCATION-BASED REGULATIONS FOR DOWNTOWN SUB-AREAS AND DESIGNATED STREET SEGMENTS, § 612, MOUNT VERNON TRIANGLE PRINCIPAL INTERSECTION AREA SUB-AREA, § 612.5, is amended as follows:

     

    612.5               With the exception of a building that is a designated historic landmark or that is included within a historic district, The the portion of a building within the Mt. Vernon Triangle Principal Intersection Area Sub-Area is subject to the following streetwall design regulations in addition to those governing the property’s zone district and designated primary street classification:

     

    [1]

     

    Subtitle U, USE PERMISSIONS, is amended as follows:

     

    Chapter 5, USE PERMISSIONS MIXED USE (MU) ZONES, is amended as follows:

     

    Section 512, MATTER OF RIGHT USES (MU-USE GROUP E), § 512.1, is amended by adding a new paragraph (l) and renumbering existing paragraph (l) as (m) as follows:

     

    512.1               The following uses shall be permitted in MU-Use Group E as a matter of right subject to any applicable conditions:

     

    (l)         An animal boarding use located in a basement or cellar space subject to the following:

     

    (1)        The use shall not be located within twenty-five feet (25 ft.) of a lot within an R, RF, or RA zone. The twenty-five feet (25 ft.) shall be measured to include any space on the lot or within the building not used by the animal boarding use and any portion of a street or alley that separates the use from a lot within an R, RF, or RA zone. Shared facilities not under the sole control of the animal boarding use, such as hallways and trash rooms, shall not be considered as part of the animal boarding use;

     

    (2)        There shall be no residential use on the same floor as the use or on the floor immediately above the animal boarding use;

     

    (3)        Windows and doors of the space devoted to the animal boarding use shall be kept closed and all doors facing a residential use shall not solid core;

     

    (4)        No animals shall be permitted in an external yard on the premises;

     

    (5)        Animal waste shall be placed in a closed waste disposal containers and shall be collected by a licensed waste disposal company at least weekly;

     

    (6)        Odors shall be controlled by means of an air filtration or an equivalently effective odor control system; and

     

    (7)        Floor finish materials and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor shall be impervious and washable; and

     

    (l) (m) Other accessory uses customarily incidental and subordinate to the uses permitted by this section.

     

    Section 513, SPECIAL EXCEPTION USES (MU-USE GROUP E), § 513.1, is amended by amending paragraph (a), adding a new paragraph (m), and renumbering existing paragraph (m) as (n) as follows:

     

    513.1               The 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)        Animal care and boarding, and animal sales uses, subject to the following conditions:

     

    (m)      Animal boarding uses not meeting the conditions of Subtitle U § 512.1(l), subject to the following:

     

    (1)        The animal boarding use shall take place entirely within an enclosed building;

     

    (2)        Buildings shall be designed and constructed to mitigate noise to limit negative impacts on adjacent properties, including residential units located in the same building as the use. Additional noise mitigation shall be required for existing buildings not originally built for the boarding of animals, including the use of acoustical tiles, caulking to seal penetrations made in floor slabs for pipes, and spray-on noise insulation;

     

    (3)        The windows and doors of the space devoted to the animal boarding use shall be kept closed, and all doors facing a residential use shall be solid core;

     

    (4)        No animals shall be permitted in an external yard on the premises;

     

    (5)        Animal waste shall be placed in closed waste disposal containers and shall be collected by a waste disposal company at least weekly;

     

    (6)        Odors shall be controlled by means of an air filtration system or an equivalently effective odor control system;

     

    (7)        Floor finish material, and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor, shall be impervious and washable;

     

    (8)        External yards or other exterior facilities for the keeping of animals shall not be permitted; and

     

    (9)        The Board of Zoning Adjustment may impose additional requirements pertaining to the location of buildings or other structures, entrances and exits; buffers, banners, and fencing, soundproofing, odor control, waste storage and removal (including frequency), the species and/or number of animals; or other requirements, as the Board deems necessary to protect adjacent or nearby property; and

     

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

     

     

    All persons desiring to comment on the subject matter of this proposed rulemaking action should file comments in writing no later than thirty (30) days after the date of publication of this notice in the D.C. Register.  Comments should be filed with Sharon Schellin, Secretary to the Zoning Commission, Office of Zoning, through the Interactive Zoning Information System (IZIS) at https://app.dcoz.dc.gov/Login.aspx; however, written statements may also be submitted by mail to 441 4th Street, N.W., Suite 200-S, Washington, D.C. 20001; by e-mail to zcsubmissions@dc.gov; or by fax to (202) 727-6072.  Ms. Schellin may be contacted by telephone at (202) 727-6311 or by email at Sharon.Schellin@dc.gov.  Copies of this proposed rulemaking action may be obtained at cost by writing to the above address.

     



    [1]  The uses of this and other ellipses indicate that other provisions exist in the subsection being amended and that the omission of the provisions does not signify an intent to repeal.

     

Document Information

Rules:
11-I612