3104. SPECIAL EXCEPTIONS

3104 SPECIAL EXCEPTIONS 3104.1 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 R-5 Districts § 354 Conversion of non-residential building to apartment house not meeting the requirements of § 330.7 R-4 District § 337 Conversion of residential building to apartment house R-4 District § 336 District government use in former public school buildings. R-1 District § 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 Any R or C District § 2505.3 Expanded child development home for ten (10) to twelve (12) individuals fifteen (15) years of age or less. Any R District § 203.7(f) Expansion of former public school buildings with District government uses, or other permitted uses. R-1 District § 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 Height in excess of 35 feet to a maximum of 40 feet in R-4 Districts as specified in § 400.1 R-4 District § 400.23 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 3104.2 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. 3104.3 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. 3104.4 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 3104.5 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. 3104.6 The sua sponte review provisions of § 3128 do not apply to cases heard and decided by the Commission under this section. SOURCE: § 8207.2 of the Zoning Regulations, as amended by Final Rulemaking published at 22 DCR 1901, 1904 (October 14, 1975); as amended by Final Rulemaking published at 28 DCR 3482, 3506 (August 7, 1981); as amended by Final Rulemaking published at 29 DCR 4913, 4919 (November 5, 1982); as amended by Final Rulemaking published at 31 DCR 6585, 6627 (December 28, 1984); as amended by Final Rulemaking published at 36 DCR 1509, 1522 (February 24, 1989); as amended by Final Rulemaking published at 39 DCR 8305, 8310 (November 13, 1992); as amended by Final Rulemaking published at 40 DCR 1951, 1954 (March 19, 1993); as amended by Final Rulemaking published at 46 DCR 7853, 7891-94 (October 1, 1999); as amended by Final Rulemaking published at 46 DCR 8289 (October 15, 1999); as amended by Final Rulemaking published at 47 DCR 9725, 9739-40 (December 8, 2000); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8554-59 (October 20, 2000); as amended by Final Rulemaking published at 48 DCR 9830, 9841 (October 26, 2001); as amended by Final Rulemaking published at 49 DCR 8891, 8894-95 (September 27; 2002); as amended by Final Rulemaking published at 50 DCR 10137(November 28, 2003); as amended by Final Rulemaking published at 51 DCR 3440 (April 2, 2004); as amended by Final Rulemaking published at 52 DCR 6358 (July 8, 2005); as amended by Final Rulemaking published at 53 DCR 6363 (August 4, 2006); as amended by Final Rulemaking published at 53 DCR 9580 (December 1, 2006); as amended by Final Rulemaking published at 53 DCR 10085 (December 22, 2006); as amended by Final Rulemaking published at 54 DCR 3072 (April 6, 2007); as amended by Final Rulemaking published at 54 DCR 8943 (September 14, 2007); as amended by Final Rulemaking published at 54 DCR 9393 (September 28, 2007); as amended by Final Rulemaking and Order No. 08-18 published at 56 DCR 2391 (March 27, 2009); as amended by Final Rulemaking and Order No. 09-11 published at 57 DCR 1242 (February 5, 2010); as amended by Final Rulemaking and Order No. 09-17A published at 57 DCR 1898 (March 5, 2010); as amended by Final Rulemaking published at 58 DCR 4788, 4818 (June 3, 2011); as amended by Final Rulemaking published at 60 DCR 10077 (July 12, 2013); as amended by Final Rulemaking published at 62 DCR 8883 (June 26, 2015); as amended by Final Rulemaking published at 63 DCR 390 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 1632 (February 12, 2016). District of Columbia Municipal Regulations Zoning 11 DCMR § 3104