D.C. Mun. Regs. tit. 11-G, § 705
Special Exception Review Criteria
Effective Aug 25, 202370 DCR 011297Authority: § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797), as amended; D.C. Official Code § 6-641.01 (2018 Repl.), and pursuant to § 6 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1206; D.C. Official Code § 2 505(c) (2016 Repl.)). Source: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023).District of Columbia, Office of the Secretary
705
705.1
In reviewing an application for a special exception in the MU-4/RC and MU-5A/RC zones, in addition to the applicable criteria of this subtitle and Subtitle X, Chapter 9, the Board of Zoning Adjustment shall consider whether the proposed development is compatible with the following:
- (a) The use, building, or feature at the size, intensity, and location proposed will substantially advance the stated purposes of the MU-4/RC and MU-5A/RC zones;
- (b) Vehicular ingress and egress shall be designed and located so as to minimize conflict with pedestrian ways, to function efficiently, and to create no dangerous or otherwise objectionable traffic condition;
- (c) Adequate off-street parking shall be provided for employees and for trucks and other service vehicles;
- (d) Noise associated with the operation of a proposed use will not adversely affect adjacent or nearby residences;
- (e) No outdoor storage of materials, nor outdoor processing, fabricating, or repair shall be permitted;
- (f) The use, building, or feature at the size, intensity, and location proposed will not adversely affect adjacent and nearby property or be detrimental to the health, safety, convenience, or general welfare of persons living, working, or visiting in the area; and
- (g) If located within a MU-5A/RC zone, the use shall not be within twenty-five feet (25 ft.) of a residentially zoned property, unless separated there from by a street or alley.
SOURCE: Final Rulemaking published at 63 DCR 2447, 2944 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023).