D.C. Mun. Regs. tit. 11, r. 11-B200

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Current through Register 71, No. 45, November 7, 2024

Rule 11-B200 - INTRODUCTION

200.1

Use permissions for each zone are identified in the Land Use subtitles.

200.2

When used in this title, the following use categories shall have the following meanings:

(a) Agriculture, Large:

(1) The on-site cultivation or maintenance of plants, or the breeding or keeping of animals and livestock, intended for personal use or eventual sale or lease off-site;

(2) Typical products of an agricultural use include produce, field crops, flowers, ornamental crops, livestock, poultry, honeybees, or other animal husbandry;

(3) Examples include, but are not limited to: farm, truck garden, beekeeping, greenhouse, dairy, or horticultural nursery; and

(4) Exceptions: This use category does not include the customary landscaping of yards, residential gardening, or household pets;

(b) Agricultural, Residential:

(1) The on-site cultivation or maintenance of plants, or keeping of small domestic animals, intended for personal use, sale on-site, or eventual sale off-site;

(2) Typical products of a residential agricultural use include produce, garden crops, flowers, and honeybees;

(3) This use category does not include the customary landscaping of yards, keeping of household pets, or the breeding or housing of large breed animals; and

(4) Examples include, but are not limited to: small-scale truck garden, beekeeping, greenhouse, or community garden;

(c) Animal Sales, Care, and Boarding:

(1) The on-site sale, medical care, or short-term boarding of animals for a fee;

(2) These uses may include licensed veterinary practices such as medicine, surgery, or dentistry for animals, or the provision of animal services such as grooming, training, or care-taking;

(3) Examples include, but are not limited to: pet shop, veterinary clinic or hospital, pet grooming establishment, dog day care center, animal boarding facility, animal sales establishment, or animal shelter; and

(4) Exceptions: This use category does not include uses which would typically fall within the agriculture use categories or the selling of a litter of a domestic pet;

(d) Antennas:

(1) A structure conducting, transmitting, or receiving communication signals;

(2) This use category encompasses the portions of the structure responsible for signal transmission and reception, any associated towers, immediately related support and stabilizing elements, and rotating or other directional mechanisms; and

(3) Examples include, but are not limited to: commercial broadcast antenna, mobile telecommunication antenna, microwave dish, satellite earth station, whip, or yagi antennas;

(e) Arts, Design, and Creation:

(1) The on-site design, rehearsal, or creation of visual, auditory, or performance art;

(2) This use may encompass work space for artists, artisans, or craftsmen practicing fine arts or applied arts or crafts, and may include the sale of items created on the site;

(3) Examples include, but are not limited to: artist studio, artisan production including kiln-firing, metal-working, wood-working, furniture making and glass-blowing arts, or photographic studio; and

(f) Chancery:

(1) The principal offices of a foreign mission used for diplomatic or related purposes, and annexes to such offices (including ancillary offices and support facilities), including the site and any building on such site that is used for such purposes; and

(2) Exceptions: This use category does not include uses which would typically fall within the office or residential use categories, such as an ambassador's residence or embassy staff residence building;

(g) Community-Based Institutional Facility:

(1) A use providing court-ordered monitored care to individuals who have a common need for treatment, rehabilitation, assistance, or supervision in their daily living; have been assigned to the facility; or are being detained by the government, other than as a condition of probation;

(2) Examples include, but are not limited to: adult rehabilitation home, youth rehabilitation home, or detention or correctional facilities that do not fall within the large-scale government use category; and

(3) Exceptions: This use category does not include uses which more typically would fall within the emergency shelter or large-scale government use category. This use category also does not include residential or medical care uses that were previously defined as community residence facilities, health care facilities, substance abuser's homes, or youth residential care homes;

(h) Daytime Care:

(1) The non-residential licensed care, supervision, counseling, or training, for a fee, of individuals who are not related by blood, adoption, or marriage to the caregiver, and who are present on the site for less than twenty-four (24) hours per day;

(2) Examples include, but are not limited to: an adult day treatment facility, child development center, pre-schools, nursery schools, before-and-after school programs, child development homes, an expanded child development home, and elder care centers and programs; and

(3) Exceptions: This use category does not include uses which more typically fall within the medical care or parks and recreation use categories. This use does not refer to home-based care given by parents, guardians, or relatives of the individuals requiring care and uses which do not require a certificate of occupancy;

(i) Eating and Drinking Establishments:

(1) The sale of food, alcoholic drinks, or refreshments prepared on the premises and sold to customers for consumption on or off the premises;

(2) Examples include, but are not limited to: prepared food shop, restaurant, fast food restaurant, or fast food drive-through; within these defined terms, uses may also include, but are not limited to, bar, café, cafeteria, cocktail lounge, coffee shop, delicatessen, an ice cream parlor or nightclub; and

(3) Exceptions: This use category does not include uses which more typically would fall within the sexually-oriented business establishment use category;

(j) Education, College/University:

(1) An institution of higher educational or academic learning providing facilities for teaching and research, offering courses of general or specialized study leading to a degree, and authorized to grant academic degrees; and

(2) Above uses may include, but are not limited to: accessory athletic and recreational areas, dormitories, cafeterias, ancillary commercial uses, multiple academic and administrative buildings, or sports facilities;

(k) Education, Private:

(1) An educational, academic, or institutional use with the primary mission of providing education and academic instruction that provides District or state mandated basic education or educational uses;

(2) Above uses may include, but are not limited to: accessory play and athletic areas, dormitories, cafeterias, recreational, or sports facilities; and

(3) Exceptions: This use category does not include uses which more typically would fall within the daytime care, public education or college/university education use category. This use category also does not include the home schooling of children in a dwelling by their parent, guardian, or private tutor;

(l) Education, Public:

(1) Public or public charter schools at the elementary, middle, junior high, or high school level;

(2) Above uses may include, but are not limited to: accessory athletic areas, dormitories, cafeterias, recreational, or sports facilities; and

(3) Exceptions: This use category does not include uses which more typically would fall within the daytime care, private education or college/university education use category. This group also does not include the home schooling of children in a dwelling by their parent, guardian, or private tutor;

(m) Entertainment, Assembly, and Performing Arts:

(1) A use involving facilities designed primarily for public assembly that enables patrons to experience visual, auditory, performance, or literary arts; attend sporting events or conferences; or to participate in active leisure activities;

(2) These uses may be characterized by activities and structures that draw large numbers of people to specific events or shows;

(3) Examples include, but are not limited to: bowling alley, miniature golf, movie theatre, concert hall, museum, or stadium; and

(4) Exceptions: This use category does not include uses which more typically would fall within the arts design and creation, sexually-oriented business establishment, or parks and recreation use categories;

(n) Firearm Sales:

(1) A use engaged in the on-site sale, lease, or purchase of firearms or ammunition;

(2) This use category has been established to identify those uses which offer sales of goods whose impacts are incompatible with the intended health, safety, and welfare of other uses of land; and

(3) Examples include, but are not limited to: gun store, ammunition sales, pawn shop carrying guns, or weaponry store;

(o) Government, Large Scale:

(1) A use involving services owned, managed, or provided by a governmental entity and associated with providing regional or wider services;

(2) Examples include, but are not limited to: airports, jails, truck dispatch facilities, or police/fire training facilities; and

(3) Exceptions: This use category does not include uses which more typically would fall within the motor vehicle-related or transportation infrastructure use categories;

(p) Medical Care:

(1) A use involving the on-site licensed provision of medical or mental health diagnosis, treatment, or prevention of illness or disease of humans;

(2) These facilities may provide out-patient medical or surgical care to patients or offer overnight care;

(3) Examples include, but are not limited to: dentist, doctor, optician, hospitals, clinics, or medical offices. This use category also includes any facility that meets the definition for and is licensed under the District of Columbia Health Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code §§ 44-501, etseq.); and

(4) Exceptions: This use category does not include uses which more typically would fall within the community-based institutional facility or emergency shelter use category;

(q) Institutional, General:

(1) A non-governmental use involving the public assembly of people or provision of services for social or cultural purposes and which may include uses of a public, nonprofit, or charitable nature generally providing local service on-site to people of a local community;

(2) Examples include, but are not limited to: private clubs, private community centers, private libraries, non-profits, or social service providers; and

(3) Exceptions: This use category does not include uses which more typically would fall within the religious based institutional; chancery; education; entertainment, assembly, and performing arts; local government; service; office; or parks and recreation use categories;

(r) Institutional, Religious Based:

(1) A non-governmental use involving the public assembly of people or provision of services for religious purposes and which may include related services or uses fundamental to the religious mission;

(2) Examples include, but are not limited to: churches, synagogues, temples, mosques, other places of worship, or related religious schools; and

(3) Exceptions: This use category does not include uses which more typically would fall within the general institutional; chancery; education; entertainment, assembly, and performing arts; local government; service; office; or parks and recreation use categories;

(s) Lodging:

(1) A use providing customers with temporary housing for an agreed upon term of less than thirty (30) consecutive days; any use where temporary housing is offered to the public for compensation, and is open to transient rather than permanent guests;

(2) Examples include, but are not limited to: hotels, motels, inns, hostels, or bed and breakfast establishments; and

(3) Exceptions: This use category does not include uses which more typically would fall within the emergency shelter or residential use categories or Short-Term Rental;

(t) Marine:

(1) A use in which proximity to the waterfront constitutes an integral aspect of its function; or uses which depend upon access to the water for their effectuality;

(2) This use category includes activities associated with water and marine-based travel, movement, storage, and related activities;

(3) Examples include, but are not limited to: marina, boathouse, boat launch, dock or pier, boat repair facility, water taxi facility, or water facilities; and

(4) Exceptions: This use category does not include uses which more typically would fall within the motor vehicle-related use category;

(u) Medical Care:

(1) A use involving the on-site licensed .

(2) These facilities may provide .

(4) Exceptions: This use category does not include uses which more typically would fall within the community-based institutional facility or emergency shelter use category;

(v) Motor Vehicle-Related

(1) A use engaging primarily in the on-site sale, rental, service, maintenance, or refueling of motor vehicles or their components;

(2) These uses include the sale, installation or repair of parts, components, accessories, or fuel for motor vehicles;

(3) Examples include, but are not limited to: gasoline service station, auto repair facility, car wash, automobile sales, boat sales, or motorcycle sales; and

(4) Exceptions: This use category does not include uses which more typically would fall within the retail or parking use category;

(w) Office:

(1) A use engaging primarily in on-site administrative, business, professional, research, or laboratory-based activities;

(2) These uses are characterized by activities in an office setting that focus on the provision of off-site sale of goods or on-site information-based services, usually by professionals;

(3) Examples include, but are not limited to: real estate agency, law firm, accounting firm, advertising agency, stockbrokerage firm, or laboratory; and

(4) Exceptions: This use category does not include uses which more typically would fall within the medical care; education; local government; retail; production, distribution, and repair; financial service; or chancery use categories;

(x) Parking:

(1) A use involving the on-site short or long-term storage of motor vehicles, including surface lots or within structures, when such motor vehicle storage is not provided as accessory parking for another use;

(2) Examples include, but are not limited to: public parking lot, public parking garage, or private garage; and

(3) Exceptions: This use category does not include parking that is accessory to another use;

(y) Parks and Recreation:

(1) A use involving publicly accessible passive or active open space or a structure or facility under the jurisdiction of a public agency that is used for community recreation activities;

(2) Examples include, but are not limited to: public plazas, parks, outdoor recreation, community gardens; areas devoted to recreational activities such as picnicking, boating, fishing, bicycling, tennis, or swimming; classes and services relating to health and wellness, culture, arts and crafts, or education; and structures or other recreation facilities such as auditorium, multi-purpose room, gymnasium, meeting space, open space, playground, playing court, golf course, playing field, or swimming pool, with associated accessory uses such as kitchen facilities; and

(3) Exceptions: This use category does not include private recreation centers such as a commercial gymnasium, or uses which more typically would fall within the entertainment, assembly, and performing arts, arts design and creation, medical care, or service use category;

(z) Production, Distribution, and Repair:

(1) A use involving the on-site production, distribution, repair, assembly, processing, or sale of materials, products, technology, or goods intended for a wholesale, manufacturing, or industrial application;

(2) Uses may include firms that provide centralized services or logistics for retail uses, and wholesale goods establishments commonly selling to businesses in bulk. These uses typically have little contact with the public;

(3) Examples include, but are not limited to: manufacturing facility, concrete plant, asphalt plant, material salvage, hauling or terminal yard, chemical storage or distribution, outdoor material storage, acetylene gas manufacturing, fertilizer manufacturing, rock quarrying, warehouse, storage, self-storage establishment, ground shipping facility, or wholesale sales; and;

(4) Exceptions: This use category does not include uses which more typically would fall within the retail, service, or waste-related services use categories;

(aa) Residential:

(1) A use offering habitation on a continuous basis of at least thirty (30) days. The continuous basis is established by tenancy with a minimum term of one (1) month or property ownership;

(2) The use 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.

(3) Examples include, but are not limited to: single dwelling unit, multiple dwelling units, community residence facilities, retirement homes, rooming units, substance abusers' home, youth residential care home, assisted living facility, floating homes, dormitories, or other residential uses; and

(4) Exceptions: This use category does not include uses which more typically would fall within the lodging, or community-based institutional facility use categories or Short-Term Rental;

(bb) Retail:

(1) A use engaging primarily in the on-site sale of goods, wares, or merchandise directly to the consumer or persons without a resale license;

(2) These uses include goods commonly sold to individuals in small quantities for their direct use;

(3) Examples include, but are not limited to: shop, appliance, computer, drug, jewelry, fabric, department, large format, or grocery stores; clothing or gift boutiques; or pawn and antique shops; and

(4) Exceptions: This use category does not include wholesale goods commonly sold to businesses in bulk, corner store use, or uses which more typically would fall within the arts, design, and creation; eating and drinking establishments; automobile-related; firearm sales; marine; production, distribution, and repair; or sexually-oriented business use categories;

(cc) Service, General:

(1) A use engaging primarily in the contracting of work that does not necessarily result in a tangible commodity;

(2) These uses may provide personal services or provide small-scale product repair or services for consumer and business goods on-site. Service uses which provide services off-site are typically office uses;

(3) Examples include, but are not limited to: appliance repair, fitness center, yoga studio, shoe repair, tailor, hair salon and barber, or parcel delivery service; and

(4) Exceptions: This use category does not include uses which more typically would fall within the eating and drinking establishments; entertainment, assembly, and performing arts; local government; parks and recreation; animal care and boarding; motor vehicle-related; accommodation; daytime care facility; medical care; sexually-oriented business establishment; arts, design, and creation; marine; or waste-related services use categories;

(dd) Service, Financial:

(1) A use engaging primarily in the provision of banking, loan, mortgage or other similar financial services;

(2) Examples include, but are not limited to: banks, credit unions, or mortgage companies; and

(3) Exceptions: This use category does not include uses which more typically would fall within the office use category;

(ee) Sexually-Oriented Business Establishment:

(1) A use involving goods, services, or live performances that are characterized by their emphasis on matter depicting, describing, or related to specified sexual activities;

(2) Specified sexual activities include, but are not limited to: acts of sexual stimulation or arousal including human genitals in a discernibly turgid state, human masturbation, sexual intercourse, sodomy, or bestiality; or any erotic touching of human genitals, pubic region, buttock, or breast;

(3) This use category has been established to identify those uses which offer services or goods whose sexually-oriented impacts are incompatible with the intended health, safety, and welfare of other uses of land; and

(4) Examples include, but are not limited to: sexually-themed bookstores, newsstands, theatres, or amusement enterprises;

(ff) Transportation Infrastructure:

(1) A use involving structures or conveyances designed for individual mode or multimodal public transportation purposes;

(2) These uses may include land or facilities for the movement or storage of transportation system components

(3) Examples include, but are not limited to: streetcar or bus passenger depots, transportation rights of way, Metro stations, mass transit stations, bus stops, bicycle paths, bus transfer stations, access ways, airports, bicycle facilities, multi-use paths, pedestrian connections, or streets; and

(4) Exceptions: This use category does not include uses which more typically would fall within the basic utilities use categories; and

(gg) Utility (basic):

(1) The commercial or governmental generation, transmission, distribution, or storage of energy, water, stormwater, cable, or telecommunication-related information;

(2) This use commonly takes the form of infrastructure services which are provided city-wide;

(3) Examples include, but are not limited to: electrical sub-station, telephone exchange, optical transmission node, electronic equipment facility, sewer plant, water treatment plant, methods and facilities for renewable energy generation other than a community solar facility, or utility pumping station; and

(4) Exceptions: This use category does not include a community solar facility use or uses which would typically fall within the antennas or waste-related services use categories;

(hh) Waste-Related Services:

(1) A use involving the collection, transportation, recycling, or disposal of refuse either on-site or at a transfer station;

(2) This use category may include the collection of sanitary wastes or uses that produce goods or energy from wastes; and

(3) Examples include, but are not limited to: composting facility, incinerator, solid waste handling facility, or non-intensive recycling facility. Unless otherwise noted, these terms have the same meaning as defined in the Solid Waste Facility Permit Act of 1995, effective February 27, 1996 (D.C. Law 11-94; D.C. Official Code § 8-1051).

D.C. Mun. Regs. tit. 11, r. 11-B200

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 63 DCR 10620 (9/6/2016); amended by Final Rulemaking published at 64 DCR 7254 (7/28/2017); amended by Final Rulemaking published at 65 DCR 6596 (6/15/2018); amended by Final Rulemaking published at 66 DCR 12144 (9/13/2019); amended by Final Rulemaking published at 67 DCR 1543 (2/14/2020); amended by Final Rulemaking published at 67 DCR 14508 (12/11/2020); amended by Final Rulemaking published at 69 DCR 12886 (10/21/2022); amended by Final Rulemaking published at 70 DCR 11523 (8/25/2023)