201 RULES FOR DETERMINING USE CATEGORIES

201.1 Use categories describe activities being performed on-site that have similar functions, physical characteristics, impacts, or operational behaviors.201.2 All individual uses shall be included in at least one (1) use category. On- and off-site activities associated with a use may cause that use to be included in more than one (1) group.201.3 A principal use may have one (1) or more accessory uses.201.4 The Zoning Administrator shall determine the category or categories for a use, based on consistency with Subtitle B, Chapter 2.201.5 The following may be considered when determining the appropriate group or groups for a use:- (a) The description of the activity or activities in relationship to the definition of each use category;

- (b) The relative amount of site or floor space and equipment devoted to each activity;

- (c) The relative amounts of sales from each activity;

- (d) The customer type for each activity;

- (e) The relative number of employees in each activity;

- (f) The typical hours of operation;

- (g) The building and site arrangement;

- (h) The number and type of vehicles used;

- (i) The relative number of vehicle trips generated by the activity;

- (j) How the use is advertised;

- (k) How the use is licensed; and

- (l) Similarities in function to the examples and exceptions listed for each use category.201.6 The activities, functions, physical characteristics, and impacts of a use on a Zoning Regulations of 2016:Definitions, Rules of Measurement, and Use Categories

property may not change unless that change has been determined by the Zoning Administrator to be consistent with that use category or a different use category permitted within the applicable zone.

SOURCE: Final Rulemaking published at 63 DCR 2447, 2650 (March 4, 2016 – Part 2).