2050015 Zoning Commission Notice of Proposed Rulemaking: Case No. 11-22 (Text Amendment - Group Instruction Centers or Studios as a Matter-of-Right in the C-1, CR, and W Districts)

ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

NOTICE OF PROPOSED RULEMAKING

Z.C. Case No. 11-22

(Text Amendment - Group Instruction Centers or Studios as a Matter-of-Right in the C-1, CR, and W Districts)

 

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; D.C. Official Code § 6-641.01(2008 Repl.)), hereby gives notice of its intent to amend §§ 199.1, 601.1, 602.1, 701.1, 901.1, and 902.1 of the Zoning Regulations (Title 11 DCMR).  If adopted, the amendments would permit Group Instruction Centers or Studios as matter of right uses in C-1, CR, and W Districts. The proposed regulations define Group Instruction Centers or Studios as establishments that principally offers group instruction in the performing arts, the martial arts, physical exercise, or yoga

 

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

 

The following rulemaking action is proposed:

Title 11 DCMR, ZONING, is amended as follows:

 

Chapter 1, THE ZONING REGULATIONS, § 199, DEFINITIONS, § 199.1, is amended by inserting the following definition in alphabetical order:

 

Group Instruction Center or Studio - An establishment that principally offers group instruction in the performing arts, the martial arts, physical exercise, or yoga.

.

Chapter 6, MIXED USE (COMMERCIAL RESIDENTIAL) DISTRICTS, is amended as follows:

 

Section 601, USES AS A MATTER OF RIGHT (CR), § 601.1, is amended by inserting the use “Group Instruction Center or Studio”, so that the entire subsection reads as follows:

 

601.1               The following uses shall be permitted as a matter of right in a CR District:

 

(a)        Antenna, subject to the standards and procedures which apply to the particular class of antenna pursuant to chapter 27 of this title;

 

(b)        Artist's studio;

 

(c)        Boat club or marina;

 

(d)       Car-sharing spaces, none of which may be a required parking space for any use on site;

 

(e)        Church or other place of worship;

 

(f)        Community center;

 

(g)        Driver's License Road Test Facility;

 

(h)        Electronic Equipment Facility (EEF) use under either or both of the following circumstances:

 

(1)        The EEF use occupies no more than twenty-five percent (25%) of the above ground constructed gross floor area of the building, provided that no EEF use is located on the ground floor; or

 

(2)        The EEF use is located below ground floor;

 

(i)         Embassy, chancery, or international organization;

 

(j)         Fire Department Administrative Facility;

 

(k)        Fire Department Support Facility;

 

(l)         Fire Station;

 

(m)       Group Instruction Center or Studio;

 

(n)        Hotel or inn;

 

(o)        Library (other than public library);

 

(p)        Museum;

 

(q)        Office;

 

(r)        One-Family dwelling, flat, or multiple dwelling;

 

(s)        Park or open space;

 

(t)        Private club, restaurant, prepared food shop fast food establishment, or food delivery service; provided, that a fast food establishment or food delivery service shall not include a drive-through;

 

(u)        Private or public theater;

 

(v)        Private school or trade school;

 

(w)       Police Department General Facility, except as provided in § 607;

 

(x)        Police Department Local Facility;

 

(y)        Public library;

 

(z)        Public recreation and community center;

 

(aa)      Public School, subject to the provisions of chapter 21 of this title;

 

(bb)      Recreational building or use;

 

(cc)      Retail sales or services not specified in §§ 602, 606, and 608 through 618;

 

(dd)     Rooming or boarding house;

 

(ee)      Swimming pool; and

 

(ff)       Notwithstanding § 602.1, temporary surface parking lot accessory to the Ballpark shall be permitted on Squares 603, 605, 657, 660, 661, 662, 662E, 664, 665, 700, 701, 882; and on Square 658, Lot 7; Square 767, Lots 44-47; Square 768, Lots 19-22; and Square 769, Lot 19 and those portions of Lots 18 and 20 within the CR District; in accordance with § 2110. In the event that the cumulative parking limit established in § 2110.1 (a) is met, additional temporary surface parking spaces accessory to the Ballpark on Squares 603, 605, 657, 658, 660, 661, 662, 662E, 664, 665, 700, 701, 882; and on Square 767, Lots 44-47; Square 768, Lots 19-22; and Square 658, Lot 7; Square 769, Lot 19 and those portions of Lots 18 and 20 within the CR District, shall be permitted as a special exception if approved by the Board of Zoning Adjustment pursuant to § 2110.2.

 

Section 602, PROHIBITED USES (CR), § 602.1(s), is amended by striking the citation to “601.1(ee)” and inserting a reference to “§ 601.1(ff)” in its place, so that the entire section will read as follows:

 

602                  PROHIBITED USES (CR)

 

602.1               The following uses shall be specifically prohibited in CR Districts:

 

(a)        Any establishment that has as a principal use the administration of massages

 

(b)        Any industrial use prohibited in an M District;

 

(c)        Any use first permitted in the M District;

 

(d)       Car wash, as a principal use;

 

(e)        Carting, express, moving, or hauling terminal or yard, except a cooperative central delivery or pick-up system for goods or merchandise solely to serve businesses in the area;

 

(f)        Chemical manufacturing, storage, or distribution;

 

(g)        Drive-through establishment (any establishment where goods or services are rendered directly to occupants of motor vehicles while in the vehicles);

 

(h)        Enameling, plating, or painting (except artist's studio), as a principal use;

 

(i)         Firearms retail sales establishments as a principal or an accessory use;

 

(j)         Gasoline service station;

 

(k)        Material salvage;

 

(l)         Outdoor advertising or billboard as a principal use;

 

(m)       Outdoor material storage;

 

(n)        Packing or crating operations as a principal use;

 

(o)        Parking lot, except a temporary surface parking lot permitted pursuant to § 601.1(ee);

 

(p)        Sexually-oriented business establishment;

 

(q)        Smelting or rendering; and

 

(r)        Veterinary hospital.

 

(s)        Parking lot, except a temporary surface parking lot permitted pursuant to § 601.1(ff);

 

(t)        Sexually-oriented business establishment;

 

(u)        Smelting or rendering; and

 

(v)        Veterinary hospital.

 

Chapter 7, COMMERCIAL DISTRICTS, § 701, USES AS A MATTER OF RIGHT (C-1), § 701.1, is amended by inserting the use “Group Instruction Center or Studio”, so that the entire subsection reads as follows

 

701.1               The following service establishments shall be permitted in a C-1 District as a matter of right:

 

(a)        Bank or other financial institution;

 

(b)        Bar or cocktail lounge;

 

(c)        Barber or beauty shop;

 

(d)       Cobbler or shoe repair shop;

 

(e)        Collection station for dry-cleaning, dying, or laundry;

 

(f)        Dressmaking shop or establishment;

 

(g)        Frozen food locker for family or individual use only;

 

(h)        Gasoline service station existing on May 12, 1958;

 

(i)         Gasoline service station as an accessory use to a parking garage or public storage garage, subject to the provisions of chapter 23 of this title; provided:

 

(1)        All portions of the gasoline service station shall be located entirely within the garage;

 

(2)        No part of the accessory use shall be visible from a sidewalk; and

 

(3)        Signs or displays indicating the existence of the accessory use shall not be visible from the outside of the garage;

       

        (j)         Group Instruction Center or Studio;

 

(k)        Laundry, self-service, not exceeding twenty-five hundred square feet (2,500 ft.²) of gross floor area;

 

(l)         Laundry or dry cleaning establishment, not exceeding twenty-five hundred square feet (2,500 ft.²) of gross floor area;

 

(m)       Locksmith;

 

(n)        Newspaper distribution station;

 

(o)        Optician and optometrist;

 

(p)        Radio or television repairs;

 

(q)        Shoeshine parlor;

 

(r)        Tailor shop or valet shop not exceeding twenty-five hundred square feet (2,500 ft.²) of gross floor area; and

 

(s)        Watch repair shop.

 

.Chapter 9, WATERFRONT DISTRICTS, is amended as follows

 

Section 901, USES AS A MATTER OF RIGHT (W), § 901.1, is amended by inserting the use “Group Instruction Center or Studio,” so that the entire subsection reads as follows

 

901.1               The following uses shall be permitted in the W-1, W-2, and W-3 Districts as a matter of right:

 

(a)        Artist's studio;

 

(b)        Antenna, subject to the standards and procedure that apply to the particular class of antenna pursuant to chapter 27 of this title;

(c)        Boat club or marina;

 

(d)       Child/Elderly development center or adult day treatment facility;

 

(e)        Church or other place of worship;

 

(f)        Community-Based Residential Facilities, as limited by the following:

 

(1)        Youth residential care home, community residence facility, or health care facility for not more than six (6) persons, not including resident supervisors or staff and their families; or for not more than eight (8) persons, including resident supervisors or staff and their families; provided, that the number of persons being cared for shall not exceed six (6); and

 

(2)        Emergency shelter for not more than four (4) persons, not including resident supervisors or staff and their families;

 

(g)        Community center;

 

(h)        Embassy, chancery, or international organization;

 

(i)         Hotel or inn;

 

(j)         Fire Department Administrative Facility;

 

(k)        Fire Department Support Facility;

 

(l)         Fire Station;

 

(m)       Group Instruction Center or Studio;

 

(n)        Library (other than public library);

 

(o)        Museum;

 

(p)        Office;

 

(q)        One-Family dwelling, flat, or multiple dwelling;

 

(r)        Park or open space;

 

(s)        Private club, restaurant, fast food establishment, prepared food shop, or food delivery service, provided that a fast food establishment, or food delivery service shall not include a drive-through;

 

(t)        Private or public theater;

 

(u)        Police Department General Facility, except as provided in § 917;

 

(v)        Police Department Local Facility;

 

(w)       Public library;

 

(x)        Public recreation and community center;

 

(y)        Public School, subject to the provisions of chapter 21 of this title;

 

(z)        Recreational building or use;

 

(aa)      Retail sales or services not specified in §§ 902 and 906 through 915;

 

(bb)      Rooming or boarding house;

 

(cc)      Swimming pool;

 

(dd)     Youth residential care home, community residence facility, or health care facility for seven (7) to fifteen (15) persons, not including resident supervisors or staff and their families; provided, that there shall be no property containing an existing community-based residential facility for seven (7) or more persons either in the same square or within a radius of five hundred feet (500 ft.) from any portion of the subject property; and

 

(ee)      Notwithstanding § 352.3, temporary surface parking lot accessory to the Ballpark shall be permitted on Squares 664E, 707, 708, 708E, 708S, or 744S, in accordance with § 2110. In the event that the cumulative parking limit established in § 2110.1 (a) is met, additional temporary surface parking spaces accessory to the Ballpark on Squares 664E, 707, 708, 708E, 708S, or 744S shall be permitted as a special exception in a W-2 District if approved by the Board of Zoning Adjustment pursuant to § 2110.2.

 

Section 902, PROHIBITED USES (W), § 902.1(o)(1), is amended by striking the citation to “901.1(dd)” and inserting a reference to “§ 901.1(ee)” in its place, so that the provision will read as follows:

 

902                  PROHIBITED USES (W)

 

902.1               The following uses are prohibited in Waterfront Districts:

 

(a)        Any establishment that has as a principal use the administration of massages;

 

(b)        Any industrial use prohibited in the M District;

 

(c)        Automobile or motorcycle sales or repairs;

 

(d)       Car wash;

 

(e)        Carting, express, moving, or hauling terminal or yard;

 

(f)        Chemical manufacturing, storage, or distribution;

 

(g)        Drive-through establishment (any establishment where goods or services are rendered directly to occupants of motor vehicles);

 

(h)        Enameling, plating, or painting (except artist's studio) as a principal use;

 

(i)         Firearms Retail Sales Establishment;

 

(j)         Gasoline service station;

 

(k)        Material salvage;

 

(l)         Outdoor advertising or billboard;

 

(m)       Outside material storage;

 

(n)        Packing or crating operation;

 

(o)        Parking Lot:

 

(1)        Except a temporary surface parking lot permitted pursuant to § 901.1(ee); or

 

(2)        Other than as permitted by special exception in the W-0 District in § 926;

 

(p)        Smelting or rendering;

 

(q)        Sexually-oriented business establishment; and

 

(r)        Veterinary hospital.

 

 

 

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, 441 4^th Street, N.W., Suite 200-S, Washington, D.C. 20001.  Ms. Schellin may also be contacted by telephone at (202-727-6311 by email: at [e-mail]. Copies of this proposed rulemaking action may be obtained, at cost, by writing to the above address.