802.1The uses in this section shall be permitted as special exceptions in a C-M District if approved by the Board of Zoning Adjustment under § 3104, subject to the provisions of this section except that emergency shelters shall not be permitted in a C-M-3 District.
802.2Any establishment whose principal use is the administration of massages shall be permitted; provided:
(a) The establishment shall be compatible with other uses in the area;(b) The use shall not be objectionable because of its effect on the character of the neighborhood or because of noise, traffic, or other conditions; and(c) The establishment shall not have an adverse impact on religious, educational, or other institutional facilities located in the area.802.3An Intermediate Materials Recycling Facility shall be permitted; provided:
(a) No portion of the facility, including any structure, loading docks and truck bays, storage, transfer equipment, truck parking, or other similar processing equipment and operations, shall be located within two hundred feet (200 ft.) of a residential property line;(b) The use shall not have unacceptable adverse impacts on the character of the neighborhood due to noise, traffic, parking, odor, or other objectionable conditions. There shall be no truck access or queuing to the site from residential streets. The facility shall comply with the "Standards of External Effects (C-M)" in § 804 and the District of Columbia Noise Control Act of 1977, effective March 16, 1978, D.C. Law 2-53, as amended, and Standards; 20 DCMR chapters 27 - 29;(c) The facility shall be enclosed on all sides by a fence or wall at least ten feet (10 ft.) high. The public view side and the side of the facility facing Residence Districts shall be landscaped and have an opaque screen, fence, or wall, not less than ten feet (10 ft.) high. The site shall be secured from unauthorized entry and removal of materials when attendants are not present;(d) The site shall be maintained free of litter, trash, debris, and any other nonrecyclable materials;(e) The facility shall provide on-site parking and queuing as follows: (1) Space shall be provided on-site to park each commercial vehicle operated by the facility;(2) One employee parking space shall be provided for each commercial vehicle operated by the facility;(3) If the facility serves the public, all parking and queuing space shall be provided on-site to accommodate projected peak demand;(4) Additional parking, truck maneuvering, or queuing space may be required by the Board after considering the applicant's analysis of the needs and the reports of the D.C. Department of Transportation and the Office of Planning;(5) No parking, queuing, or standing of trucks will be permitted on residential streets;(f) All storage of waste or recycled materials shall be in sturdy containers or enclosures that are fully covered, secured, and maintained in good condition. Storage containers for waste or recycled flammable materials shall be approved by the Fire and Emergency Medical Services Department. No storage containers outside the facility structures shall be visible above the height of a required fence or wall. Outside storage shall only be permitted for a reasonable period of time and in reasonable quantities to allow for separation, conversion, baling, processing, and shipment of processed and nonprocessed materials;(g) If the facility is located within five hundred feet (500 ft.) of a Residence District, it shall not be in operation between 7:00 p.m. and 7:00 a.m. Hours of operation shall include the arrival and departure of trucks and delivery and removal of materials and equipment. The facility shall be administered by on-site personnel during the hours the facility is open. Intermediate Materials Recycling Facilities shall not operate on Sunday;(h) Intermediate Materials Recycling Facilities shall comply with all environmental permit requirements established by the District of Columbia government; and(i) The Board may impose conditions pertaining to design, screening, buffering, lighting, soundproofing, signs, methods and hours of operation, or any matter necessary to protect adjacent and nearby property, and special consideration will be given to protecting residential property from excessive noise and traffic.802.4Any establishment to be used as a solid waste handling facility shall be permitted only if the following requirements are met:
(a) No portion of the facility, including any structure, loading dock, truck bay, storage container, transfer equipment, or any other processing equipment or operation, shall be located within three hundred feet (300 ft.) of a property in a Residence District used for residential purposes or within fifty feet (50 ft.) of any adjacent property used as a public park or for retail, office, or institutional purposes;(b) No truck access to or egress from the site shall be located within fifty feet (50 ft.) of any adjacent property used as a public park or for residential, retail, office, or institutional purposes;(c) The facility shall be designed to have access to a railway siding or spur to enable the transportation by rail of solid waste out of the District of Columbia. Solid waste shall be shipped from a facility by rail, except that shipping of solid waste by truck may be permitted by the Board, if the Board finds that the applicant has demonstrated by substantial evidence that the use of rail is not practically, economically, or physically feasible;(d) The site shall be of sufficient size so as to permit the avoidance or reduction of adverse impacts on the character of the neighborhood due to noise, traffic, parking, odors, rodents and other disease vectors, dust, litter, fire hazard, decomposition gases, vehicle and other pollution, or other hazards or objectionable conditions;(e) The applicant shall provide credible evidence to the Board to demonstrate the ability of the facility and its ancillary elements to comply with all applicable regulations. The evidence shall include, but not be limited to, the following: (1) An indication of the site and description of land uses within one fourth (1/4) of a mile;(2) A site plan showing the layout of the proposed facility, including main buildings, fences, and screens, access to rail if available, street access, parking and queuing areas, and a functional diagram indicating the proposed use of the site;(3) An operating plan indicating types of waste to be accepted at the facility and estimates of the volume and number of trips of incoming and outgoing materials daily and during peak periods;(4) A plan for preventing and controlling offensive noises, odors, rodents and other disease vectors;(5) A traffic study that indicates truck routes to and from the facility on streets, to the extent possible, that are major arterials and highways that do not abut residential neighborhoods along the way, with the objective of minimizing potential adverse impacts on adjacent neighborhoods; and(6) A certified statement by an architect or engineer licensed in the District of Columbia that the facility as sited and designed to the best of his or her professional knowledge and belief is capable of complying with this subsection and all other applicable regulations of the District of Columbia government including without limitation, regulations adopted pursuant to the Solid Waste Facility Permit Act of 1995, effective February 27, 1996 (D.C. Law 11-94, as amended; D.C. Official Code §§ 8-1051 to 8-1063 (formerly codified at D.C. Code §§ 6-3451 to 6-3463 (1999 Supp.)));(f) There shall be no truck access, parking, standing, or queuing to the facility from any street or block-long portion of a street for which fifty percent (50%) or more of the abutting properties on either side are used for residential purposes. No truck dumping or picking up solid waste shall park, stand, or queue for the facility from any public right-of-way. Vehicular traffic resulting from operations at the facility shall not obstruct traffic. The location of the facility shall provide access from a paved street with a road base capable of withstanding anticipated load limits;(g) The facility shall also be subject to the "Standards of External Effects (C M)" in § 804 and the District of Columbia Noise Control Act of 1977 (D.C. Law 2-53, as amended, and Standards, 20 DCMR chapters 27 - 29;(h) All solid waste handling activities, including depositing, processing, separation, and loading shall be within a fully enclosed building to minimize the adverse impacts due to noise, traffic, parking, odors, rodents and other disease vectors, dust, litter, fire hazard, decomposition gases, wastewater, vehicle and other pollution, or other hazards or objectionable conditions;(i) The facility shall be enclosed on all sides by an opaque fence or wall at least ten feet (10 ft.) high. The facility shall be secured from unauthorized deposit and removal of solid waste or other materials when attendants are not present; and(j) The facility shall provide on-site parking and queuing as follows:(1) Space shall be provided on-site to park each commercial vehicle operated by the facility;(2) One employee parking space shall be provided for each commercial vehicle lawfully parked on the site after operating hours;(3) If the facility serves the public, all parking and queuing space shall be provided on-site to accommodate projected peak demand; and(4) Additional parking, truck maneuvering, or queuing space may be required by the Board after considering the applicant's analysis of such needs and the reports of the D.C. Department of Transportation and the Office of Planning. However, at a minimum, the facility shall be configured in such a manner that trucks entering or leaving the facility shall not back in from or back out onto any public right- of-way.802.5The Board may proscribe or require specific operating hours for the facility and the use of any street or highway for trucks entering or leaving the facility to lessen traffic congestion and otherwise assure the quiet enjoyment of residential uses adjacent to a facility.
802.6Nothing in this section shall preclude the Board from imposing additional or more strict conditions pertaining to design, screening, buffering, lighting, soundproofing, signs, or any matter necessary to protect adjacent property. Special consideration will be given to protecting residential property from excessive noise and traffic.
802.7In determining whether to grant a special exception, the Board shall not take into consideration whether the District of Columbia issued the applicant an interim- operating permit for the facility. The granting of a special exception to a facility does not authorize that facility to operate, unless the facility has been granted all other forms of permission required for solid waste handling facilities, including, but not limited to, a valid interim operating permit or solid waste facility permit. A solid waste handling facility that has been granted a special exception remains obligated to abide by all laws applicable to solid waste handling facilities and is subject to all claims or enforcement actions that may arise from violations of such laws.
802.8Any otherwise valid interim permit issued by the District government to the operator of a solid waste handling facility shall be given effect by the Board only during the pendency of the Board's consideration of an application. In the event the Board denies the application, the continued operation of the facility shall be unlawful. In the event the Board grants an application, it may provide the applicant a reasonable time in which to construct the facility as approved by the Board.
802.9For purposes of this section, "solid waste" shall not include hazardous waste, which shall be subject to compliance with other regulations.
802.10An Electronic Equipment Facility (EEF) that does not qualify as a matter-of-right use under § 801.7(1) may be permitted as a special exception in a C-M District if approved by the Board of Zoning Adjustment under § 3104, subject to the requirements of §§ 802.11 through 802.16.
802.11An EEF shall be subject to the Standards of External Effects in § 804.
802.12An applicant seeking a special exception for an EEF shall demonstrate, in addition to the requirements of § 3104, that the proposed use will not, as a consequence of its design, operation, low employee presence, or proximity to other EEFs, inhibit future revitalization of the neighborhood, reduce the potential for vibrant streetscapes, deplete street life, or inhibit pedestrian or vehicular movement.
802.13In evaluating whether an EEF will have any of the adverse impacts described in § 802.12, the Board shall consider, in addition to other relevant factors, the:
(a) Absence of retail uses or of a design capable of accommodating retail uses in the future;(b) Presence of security or other elements in the design that could impair street life and pedestrian flow;(c) Disruption of existing or elimination of officially proposed pedestrian or vehicular routes; and(d) Inability of the EEF to be adapted in the future for permitted uses.802.14The Board, in weighing the potentially adverse factors listed in § 802.13(a) through (d), shall consider the economic development potential of the area in which the EEF is proposed to be established and shall give greater negative weight to these factors if the EEF is to be located in proximity to an existing or proposed Metrorail station or along a pedestrian corridor.
802.15The Board may give positive weight to any economic benefits that the proposed EEF will have on adjacent properties, including the potential for increased business activity within the neighborhood, if that activity will foster economic development.
802.16The Board may impose requirements pertaining to design, appearance, landscaping, parking, and other such requirements as it deems necessary to protect adjacent property and to achieve an active, safe, and vibrant street life.
802.17A facility that manufactures, processes, mixes, stores, or distributes concrete or asphalt or the materials that are used to make concrete or asphalt shall be permitted, provided that the following requirements shall be met:
(a) No portion of the facility, including the land used by such facility, shall be located within two hundred feet (200 feet) of a residential property line or of any property that is a public park or is used for retail, office, church, school, or institutional purposes;(b) There shall be no truck access, parking, standing, or queuing to the facility from any street or block-long portion of a street for which fifty percent (50%) or more of the abutting properties on either side are used for residential purposes;(c) No truck dumping or picking up concrete or asphalt or related materials shall park, stand, or queue for the facility along any public right-of-way. Vehicular traffic resulting from operations at the facility shall not obstruct traffic and the location of the facility shall provide access from a paved street with a road base capable of withstanding anticipated load limits;(d) Any facility located within five hundred feet (500 feet) of a residence district shall not be in operation between 7:00 p.m. and 7:00 a.m. Hours of operation shall include the arrival and departure of trucks;(e) The use shall not have unacceptable adverse impacts on the character of the neighborhood due to traffic, parking, or other objectionable conditions;(f) The facility shall meet the "Standards of External Effects" pursuant to § 804;(g) The facility shall be enclosed on all sides by a fence or wall at least ten feet (10 feet) in height. The public view side and the side of the facility facing residence districts or nearby or adjacent property used as a public park or for retail, office, church, school, or institutional purposes shall be landscaped and shall have an opaque screen, fence or wall, not less than ten feet (10 feet) in height. The use of barbed wire or razor wire that is visible from residential or public space is prohibited;(h) Landscaping standards shall be applied as follows:(1) A landscape area of evergreen trees shall be maintained in the front, side and rear yards, and along all public rights-of-way;(2) The landscaping shall be maintained in healthy growing condition; and(3) The trees shall be a minimum of eight (8) feet in height when planted; and(i) An asphalt facility shall not be located in Squares 3582, 3584, and 3518.802.18The Board shall submit an application for a concrete or asphalt plant to the D.C. Office of Planning for coordination, review, report, and impact assessment, along with reports in writing of all relevant District departments and agencies, including but not limited to the Departments of Public Works, Transportation, and Health, the Soil Resources Branch of the Department of Consumer and Regulatory Affairs and, if a historic district or historic landmark is involved, the State Historic Preservation Officer.
802.19The applicant for a concrete or asphalt plant special exception shall provide the following:
(a) A site plan showing the layout of the proposed facility, including fences and screens, street access, parking, and queuing areas;(b) A landscape plan showing the planting locations and soil preparation techniques;(c) A lighting plan showing the proposed lighting locations, illumination spread, and noting the proposed height and wattage of the lighting fixtures;(d) A traffic study which indicates truck routes to and from the facility on streets abutting residential neighborhoods, with the objective of minimizing potential adverse impacts on adjacent neighborhoods; and(e) A description of the facility's methods and specifications for the control of odor, dust, smoke and other air pollutants, and noise.802.20In addition to any other conditions deemed necessary to mitigate potential adverse impacts of the concrete or asphalt plant, the Board may impose additional conditions pertaining to design, screening, buffering, lighting, soundproofing, signs, methods and hours of operations, or any matter necessary to protect adjacent and nearby property, particularly with respect to protecting residential property from excessive noise and truck traffic.
802.21An animal boarding use may be permitted as a special exception if approved by the Board of Zoning Adjustment under § 3104, subject to the requirements of this section.
802.22The animal boarding use shall be located and designed to create no condition objectionable to adjacent properties resulting from animal noise, odor, or waste, including residential units located in the same building as the use.
802.23The use shall not be located within twenty-five feet (25 ft.) of a lot within a Residence District. 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 a Residence District. Shared facilities that are 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.
802.24External yards or other exterior facilities for the keeping of animals shall not be permitted.
802.25A pet grooming establishment may be permitted as a special exception if approved by the Board of Zoning Adjustment under § 3104, subject to the following requirements of this subsection:
(a) The pet grooming establishment shall be located and designed to create no objectionable condition to adjacent properties resulting from animal noise, odor, or waste; (b) Animal waste shall be placed in closed waste disposal containers and shall be collected by a licensed waste disposal company at least weekly;(c) The use shall not be located within twenty-five feet (25 ft.) of a lot within a Residence District. The twenty-five feet (25 ft.) shall be measured to include any space on the lot or within the building not used by the pet grooming establishment use and any portion of a street or alley that separates the use from a lot within a Residence District. Shared facilities that are not under the sole control of the pet grooming establishment, such as hallways and trash rooms, shall not be considered as part of the pet grooming establishment;(d) External yards or other external facilities for the keeping of animals shall not be permitted; (e) The sale of pet supplies is permitted as an accessory use; (f) Odor shall be controlled by means of an air filtration system or an equivalently effective odor control system; and(g) The Board may impose additional requirements as it deems necessary to protect adjacent or nearby properties.802.26A pet shop may be permitted as a special exception if approved by the Board of Zoning Adjustment under § 3104, subject to the following requirements of this subsection:
(a) The pet shop shall be located and designed to create no objectionable condition to adjacent properties resulting from animal noise, odor, or waste; (b) The use shall not be located within twenty-five feet (25 ft.) of a lot within a Residence District. The twenty-five feet (25 ft.) shall be measured to include any space on the lot or within the building not used by the pet shop use and any portion of a street or alley that separates the use from a lot within a Residence District. Shared facilities that are not under the sole control of the pet shop, such as hallways and trash rooms, shall not be considered as part of the pet shop use;(c) External yards or other external facilities for the keeping of animals shall not be permitted; and (d) The Board of Zoning Adjustment may impose additional requirements as it deems necessary to protect adjacent or nearby properties.802.27A veterinary boarding hospital may be permitted as a special exception if approved by the Board of Zoning Adjustment under § 3104, subject to the following requirements of this subsection:
(a) A veterinary boarding hospital may board any animal permitted to be lawfully sold in the District of Columbia, pursuant to D.C. Official Code § 8-1808(h)(l);(b) No more than fifty percent (50%) of the gross floor area of the veterinary boarding hospital may be devoted to the boarding of animals; (c) The veterinary boarding hospital shall be located and designed to create no objectionable conditions to adjacent properties resulting from animal noise, odor, or waste; (d) The use shall not be located within twenty-five feet (25 ft.) of a lot within a Residence District. The twenty-five feet (25 ft.) shall be measured to include any space on the lot or within the building not used by the veterinary boarding hospital and any portion of a street or alley that separates the use from a lot within a Residence District. Shared facilities that are not under the sole control of the veterinary boarding hospital, such as hallways and trash rooms, shall not be considered as part of the veterinary boarding hospital;(e) External yards or other external facilities for the keeping of animals shall not be permitted; (f) Pet grooming, the sale of pet supplies, and incidental boarding of animals as necessary for convalescence, are permitted as accessory uses; and (g) The Board of Zoning Adjustment may impose additional requirements as it deems necessary to protect adjacent or nearby properties.802.28An emergency shelter for five (5) to one hundred and fifty (150) persons not including resident supervisors or staff and their families, shall be permitted in a C-M-1 and C-M-2 Districts only, if the following requirements are met:
(a) There shall be no other property containing an emergency shelter for five (5) or more persons in the same square;(b) There shall be no other property containing an emergency shelter for five (5) or more persons within a radius of one thousand (1,000) feet from any portion of the property;(c) Emergency shelters shall not be located within one thousand (1,000) feet of a square containing a sewerage treatment plant, a wastewater treatment facility, or a solid waste handling facility;(d) There shall be adequate, appropriately located, and screened off- street parking to provide for the needs: of occupants, employees, and visitors to the facility;(e) The shelter shall not have any adverse impact on the neighborhood because or traffic, noise, operations, or the number of similar facilities in the area;(f) Notwithstanding § 802.28(b) the Board may approve up to one additional emergency shelter to be located in the same square as an existing emergency shelter for five (5) or more persons only if the Board finds that the cumulative effect of the two facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations;(g) The Board may approve a facility for between one hundred and fifty-one (151) and three hundred (300) persons, not including resident supervisors or staff and their families, only if the Board finds that the program goals and objectives of the District of Columbia cannot be achieved by a facility of a smaller size at the subject location and there is no other reasonable alternative to meet the program needs of that area of the District provided that no shelter shall be approved that would increase the total number of emergency shelter residents housed within the square to exceed four hundred and fifty (450) persons; and(h) The Board shall submit the application to the D.C. Office of Planning for coordination, review, report, and impact assessment, along with reports in writing of all relevant District departments and agencies, including but not limited to the Departments of Transportation and Human Services and, if a historic district or historic landmark is involved, the State Historic Preservation Officer.D.C. Mun. Regs. r. 11-802
§§ 6101.36 and 6101.41 of the Zoning Regulations, effective May 12, 1958; as amended by: Final Rulemaking published at 22 DCR 1901, 1903 (October 14, 1975); Final Rulemaking published at 40 DCR 1951, 1952 (March 19, 1993); Final Rulemaking published at 45 DCR 1848, 1849 (March 27, 1998); Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8415-17 (October 20, 2000); Final Rulemaking published at 48 DCR 9830, 9835-36 (October 26, 2001); and Final Rulemaking published at 49 DCR 1655 (February 22, 2002), incorporating by reference the text of Proposed Rulemaking published at 48 DCR 11159, 11162-63 (December 7, 2001); as amended by Final Rulemaking published at 50 DCR 1194 (February 7, 2003); as amended by Final Rulemaking published at 53 DCR 5881, 5885 (July 21, 2006); as amended by Final Rulemaking published at 53 DCR 6363 (August 4, 2006); as amended by Final Rulemaking published at 54 DCR 8943 (September 14, 2007); as amended by Final Rulemaking published at 55 DCR 1794 (February 22, 2008); Amended by Final Rulemaking published at 62 DCR 3127 (3/13/2015). 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 ).