D.C. Mun. Regs. tit. 11, r. 11-1330

Current through Register Vol. 71, No. 41, October 11, 2024

Rule 11-1330 - SPECIAL EXCEPTION (GA)

1330.1

The following uses are permitted by special exception within the GA Overlay District regardless of whether the use is permitted as a matter of right in the underlying zone, pursuant to §§ 3104 and 1304:

(a) Fast food establishments including any within twenty-five feet (25 ft.) of a Residence District, subject to the additional criteria contained in § 733;

(b) Construction of a building on a lot that has twelve thousand square feet (12,000 ft.²) or more in land area; and

(c) Enlargement, by fifty percent (50%) or more, of the gross floor area of a building located on a lot that has twelve thousand square feet (12,000 ft.²) or more of land area.

1330.2

Exceptions from the design requirements of the Georgia Avenue Commercial Overlay District, as set forth in § 1328, shall be permitted as a special exception if approved by the Board of Zoning Adjustment in accordance §§ 1304 and 3104 and subject to the criteria below.

(a) The architectural design of the project shall enhance the urban design features of the immediate vicinity in which it is located;

(b) Vehicular access and egress shall be located and designed so as to encourage safe and efficient pedestrian movement, minimize conflict with principal pedestrian ways, function efficiently, and create no dangerous or otherwise objectionable traffic conditions;

(c) Parking and traffic conditions associated with the operation of a proposed use shall not significantly affect adjacent or nearby residences; and

(d) Noise associated with the operation of a proposed use shall not significantly affect adjacent or nearby residences.

1330.3

The Board may impose requirements pertaining to design, appearance, massing, landscaping, and other such factors as it deems necessary to protect neighboring property and to achieve the purposes of the Georgia Avenue Overlay District.

D.C. Mun. Regs. tit. 11, r. 11-1330

Final Rulemaking published at 55 DCR 0747, 0753 (January 25, 2008)

Authority: The Zoning Commission for the District of Columbia (the "Commission"), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 and 6-641.0 ).