D.C. Mun. Regs. tit. 11, r. 11-3104
The Board is authorized under § 8 of the Zoning Act, D.C. Official Code § 6-641.07(g)(2) (formerly codified at D.C. Code § 5-424(g)(2) (1994 Repl.)), to grant special exceptions, as provided in this title, where, in the judgment of the Board, the special exceptions will be in harmony with the general purpose and intent of the Zoning Regulations and Zoning Maps and will not tend to affect adversely, the use of neighboring property in accordance with the Zoning Regulations and Zoning Maps, subject in each case to the special conditions specified in this title, as follows:
TYPE OF SPECIAL EXCEPTION | ZONE DISTRICT | SECTIONS IN WHICH THE CONDITIONS ARE SPECIFIED |
Accessory apartment to one-family detached dwelling | R-1 District | § 202.10 |
Accessory mechanical amusement machines used to display sexual activities or specific anatomical areas | C-3-C, C-4, C-5 (PAD) Districts | § 2501.5 |
Accessory uses in C-5 (PAD) District not specifically permitted | C-5 (PAD) District | § 761.5 |
Additions to one-family dwellings or flats | Any R District | § 223 |
Adult day treatment facility | R-1, R-2, and R-3 District | § 205 |
Animal Boarding | Any C-2, C-3, C-4, USN, C-M or M District | §§ 721.7, 721.8, 735, 736, 802.21 and 822.14 |
Animal shelter | Any C-2, C-3, C-4 or USN District | § 739 |
Athletic field operated by local community organization | Any R District | § 209 |
Antenna for commercial TV or FM | Any R, SP, or CR District, W-1, W-2, or W-3 Districts | §§ 211, 514, 617, and 914 |
Antenna, other than commercial | Any R, SP, or CR District, W-1, W-2, or W-3 Districts | §§ 212, 515, 617, and 914 |
Art gallery | R-5 District | § 361 |
ARTS Overlay District - substitution of bonus use for existing legitimate theater use | ARTS Overlay District | § 1904.5 |
ARTS Overlay District - use and area requirements | ARTS Overlay District | §§ 1901.4 and 1906.1 |
Automobile sales or repair | CR District | § 614 |
Automobile accessory sales | C-1 District | § 710 |
Boathouse | W-0 District | § 921 |
Bowling alley | CR, C-1, W-1, W-2, and W-3 Districts | §§ 609, 709, and 908 |
Building lot control | Any R District or within 25 feet of an R District | § 2516 |
Building service trades, including plumber, electrician, exterminator, and air-conditioning mechanic | CR, W-1, W-2, and W-3 Districts | §§ 612 and 912 |
CAP Overlay District - uses | CAP Overlay District | §§ 1201.3 and 1202 |
Caretaker's Residence | W-0 District | § 924 |
Carport - location | Any District | § 2300.8 |
CB/UT Overlay District - area requirements, tree removal, grading, and topographical change | CB/UT Overlay District | §§ 1568.3 and 1569 |
Child/elderly development center | Any R District | § 205 |
Church programs | SP District | § 517 |
Clerical and religious group residences | SP District | § 516 |
Commercial adjuncts to hotel with less than 100 rooms or suites | R-5-B, R-5-C, R-5-D, and R-5-E Districts | § 356 |
Community-based residential facility | Any R, SP, CR, C-1, or C-2 District, W-1, W-2, or W-3 Districts | §§ 218 - 221, 303 - 306. 335, 357 -360, 513, 616, 711, 732, and 913 |
Community center building operated by local community organization | Any R District | § 209 |
Community service center | R-4 and R-5 Districts | §§ 334 and 352 |
Convenience stores and personal services in apartment house District government use in former public school buildings. | R-5 Districts R-1 District | § 354 § 222 |
Electric substation | Any R, SP, or CR District, W-1, W-2, or W-3 Districts | §§ 207, 509, 608, and 907 |
Electronic Equipment Facility | C-3, C-4, USN, C-M, or M District | §§ 745, 756, 802.10 - 802.16, and 822.9 - 822.14 |
Excavation of clay. sand, or gravel Expansion of former public school buildings with District government uses, or other permitted uses. | Any R or C District R-1 District | § 2505.3 § 222 |
Extension of use, height, and bulk | Any District | §§ 107.8 and 2514.2 |
Fast food restaurant near Residence District | C-3-A District | § 743.4 |
Floating home | W-0 District | § 922.3 and § 922.3 |
FT Overlay District - setback, landscaping, and fencing | FT Overlay District | § 1564 |
Gasoline service stations | C-1, C-2, C-3, and USN Districts | §§ 706, 726, and 743.1 |
Green Area Ratio | All Districts where applicable | § 3405 |
Home occupation not specifically permitted or prohibited in § 203 | R-1 District | § 203.10 |
Hospital or clinic | CR, W-1, W-2, or W-3 Districts | §§ 606 and 906 |
Hotel or inn | SP District | § 512 |
Intermediate materials recycling facility | C-M District | § 802.3 |
Laboratory, research or testing | CR District | § 613 |
Langdon Overlay - setback, landscaping, fencing, and parking requirements | LO Overlay District | § 806.6 |
Laundry or dry cleaning establishment | C-2, C-3, C-4, C-5 (PAD), and USN District | §§ 729, 743.2(c), 753.1(b), and 761.2 |
Light manufacturing, processing, fabricating. or milling | CR, W-1,W-2,or W-3 Districts | § 610 and 909 |
Loading berths - location and number | Downtown Urban Renewal Area and USN District | § 2202.2 |
Loading berths - modification of access. maintenance, and operations standards | Any District | § 2204.13 |
Marina | W-0 District | § 922 |
Massage establishment | C-2, C-3, C-4, C-5 (PAD), USN, C-M, and M Districts | §§ 731, 743.3, 753.2, 761.2, 802.2, and 822.2 |
Mechanical parking garage | C-3 Districts | § 743.1 |
Minimum Pervious Surface | All Districts where applicable | § 412 |
Miscellaneous uses | CR or W Districts | §§ 618, 915 and 922 |
Motorcycle sales or repair | CR, C-2, C-3-A, and C-3-B Districts | §§ 614, 727, and 743.2 |
MW Overlay District - lot greater than 10,000 square feet | MW Overlay District | § 1308.2 |
Natural gas regulatory stations | Any R, SP, or CR District, W-1, W-2, or W-3 Districts | §§ 207, 509, 608 and 907 |
Naval Observatory Precinct Overlay District - special exceptions | NO Overlay District | § 1533 |
Neighborhood Commercial Overlay District - special exceptions | NC Overlay District | § 1304 |
Nightclub, bar, cocktail lounge or restaurant within a penthouse | Any District where use permitted within a building. | 411.4 |
Nonconforming antenna - temporary replacement | Any District | § 2001.12 |
Nonconforming use - change | Any District | § 2003 |
Nonprofit organization use of existing residential building and land Not-for-profit use in former public school buildings. | Any R District R-1 District | § 217 § 222 |
Office building - construction, addition, or conversion | SP District | § 508.1 |
Park operated by local community organization | Any R District | § 209 |
Parking garage | R-5 and SP Districts | §§ 355 and 506 |
Parking garage on alley lot | R-4 and R-5 Districts | §§ 333 and 352 |
Parking lot | Any R or SP District | §§ 213 and 505 |
Parking lot on alley lot Parking lot standards | R-4 and R-5 Districts R-1, R,-2, R-3, R-4, and R-5-A Districts and contiguous districts | §§ 333 and 352 §§ 2303.2 - 2303.5 |
Parking spaces - location and amount | Downtown Urban Renewal Area | §§ 2103.2 - 2103.6 |
Parking spaces - location of accessory spaces | Any District | §§ 214, 510, 708, 730, 743.2(d), 751.1(c), 761.2, 803.1, 824, 926.1 and 2116.5 -2116.9 |
Parking spaces - location, row dwellings | Any District | § 2117.9(c) |
Parking spaces - reduction or elimination for boathouses | W-0 District | § 926.3 |
Parking spaces, nonresidential - reduction in required amount | Any District | § 2108 |
Parking spaces, nonresidential - reduction in required amount outside Central Employment Area and with connection to Metrorail Station | Any District | § 2107 |
Penthouses - above a detached dwelling, semi-detached dwelling, rowhouse, or flat | Any District | 411.5 |
Penthouses - location, design, number, and all other regulated aspects | Any District | 411.11 |
Pet grooming establishment | Any C-2, C-3, C-4, USN, C-M, or M District | §§ 736, 802.25, and 822.20 |
Playground operated by local community organization | Any R District | § 209 |
Prepared food shop with greater than eighteen seats for patrons | C-1, C-2-A | 712 |
Private stable | Any R District | § 208 |
Public recreation and community center | Any R, SP, CR, or W District | §§ 402.7, 403.3, 408.1, 531.2, 532.3, 538.1, 632.1, 634.4, 931.3, 932.4, 937.1, and 2001.13 |
Public school (not meeting the Requirements of Chapter 4). | Any R District | 206 |
Public storage garage on alley lot | R-4 and R-5 Districts | §§ 333 and 352 |
Public utility pumping stations | Any R, SP, CR, or C District, USN, W-1, W-2, or W-3 Districts | §§ 207, 509, 608, 707, 728, 743.2(b), 753.1, 761.2, and 907 |
RC Overlay District - area and use restrictions | RC Overlay District | § 1403 |
Rear yard requirements - waiver | C-3 or C-4 District | § 774.2 |
Repair garage | C-2, C-3, and USN Districts | §§ 726.1 and 743.1 |
Residential developments, new | R-5-A District | § 353 |
Retail, service, arts and cultural uses as specified | W-0 District | § 925 |
Roof structures - location, design, number, and all other regulated aspects | Any District | §§ 411.11, 537.1, 639.1, 777.1, 845.1, and 936.1 |
School - private school other than trade school | Any R District | § 206 |
School - private school or trade school | W-1,W-2, or W-3 Districts | § 912 |
School - residence for teachers and staff of private school | R-1, R-2, R-3, and R-4 Districts | § 206 |
Sexually-oriented businesses | C-3, C-4, and C-5 (PAD) Districts | §§ 744, 754, and 761.2 |
Solid waste handling facility | C-M and M Districts | §§ 802.4 - 802.9 and 822.3 - 822.8 |
SSH Overlay District - nonresidential uses | SSH Overlay | § 1553 |
Storage of wares and goods on alley lot | R-4 and R-5 Districts | §§ 333 and 352 |
Surface Parking Lots Landscaping Standards | All Districts where applicable | § 2111 |
Swimming pool operated by local community organization | Any R. District | § 209 |
Telephone exchange | R4, R-5, SP, CR, and W-1,W-2, and W-3 Districts | §§ 332.1(b), 509, 608, and 907 |
TSP Overlay District - ground coverage and tree removal | TSP Overlay District | § 1515 |
Veterinary boarding hospital | Any C-2, C-3, C-4, USN, C-M, or M District | §§ 738, 802.27, and 822.22 |
Warehouse use | CR, W-1, W-2, and W-3 Districts | §§ 611 and 910 |
Wholesale use | CR, W-1, W-2, and W-3 Districts | §§ 611 and 910 |
Yacht club | W-0 District | § 923 |
In the case of a use that was originally permitted and lawfully established as a matter of right and for which the Zoning Regulations now require special exception approval from the Board of Zoning Adjustment, any extension or enlargement of that use shall require special exception approval from the Board.
In determining whether to approve any extension or enlargement under § 3104.2, the Board shall apply the standards and criteria of the Zoning Regulations to the entire use, rather than to just the proposed extension or enlargement.
Effective December 8, 2000, the Zoning Commission shall, pursuant to § 3035 and the standards in § 3104.1, hear and decide all applications for special exception approval under §§ 210, 302.2, 322.2, 332.2, 352.2, 507, 615, and 916 of a campus development plan; the amendment of a campus development plan; the further processing of an approved campus development plan to permit the construction and use of a specific building or structure within a campus, whether the plan was approved by the Commission or the Board of Zoning Adjustment; and the interim use of land or improved property within a reasonable distance of a campus. The following table summarizes the uses that may be permitted:
TYPE OF SPECIAL EXCEPTION | ZONE DISTRICT | SECTIONS IN WHICH THE CONDITIONS ARE SPECIFIED |
College, university, or other academic institution of higher learning | Any R, SP or CR District, or W-1, W-2, or W-3 Districts | §§ 210, 507, 615, and 916 |
Dormitory, fraternity, or sorority house on campus | R-1, R-2, R-3, and SP Districts | §§ 210 and 507 |
Hospital - college or university, on campus | R-1, R-2, R-3, and SP Districts | §§ 210 and 507 |
Except for the sua sponte review provisions of § 3128, the Commission shall use the Board of Zoning Adjustment Rules of Practice and Procedure in this chapter in processing, reviewing, and approving all applications for special exception approval for college and university uses, such that wherever a particular provision in this chapter refers to the Board of Zoning Adjustment, the word " Board" shall mean Zoning Commission.
The sua sponte review provisions of § 3128 do not apply to cases heard and decided by the Commission under this section.
D.C. Mun. Regs. tit. 11, r. 11-3104