Section 11-H1101. DESIGNATED AND RESTRICTED USES

1101.1   Any building that occupies or is constructed on a lot in a designated use area within an NC zone shall provide designated retail and service establishments on the ground level according to the requirements of this chapter and any additional requirements of the particular zone.

1101.2   The NC zone designated uses, for the purposes of this subtitle, are those permitted in the following use groups subject to any conditions of this section: 

(a) Animal care or animal boarding;

(b) Arts, design, and creation;

(c) Eating and drinking establishments;

(d) Entertainment and performing arts;

(e) Financial and general services; and

(f) Retail.

1101.3   The designated uses shall occupy no less than fifty percent (50%) of the gross floor area of the ground floor level of the building within a designated use area, subject to the following requirements:

(a) No more than twenty percent (20%) of the ground floor level area shall be financial services, travel agencies, or other ticket offices;

(b) Except in the NC-6 and NC-9 through NC-17 zones, eating and drinking establishments, and fast food establishments where permitted, shall be subject to the following limitations:

(1) These uses shall occupy no more than twenty-five percent (25%) of the linear street frontage within a particular NC zone, as measured along the lots in the designated use area in the particular district; and

(2) Except for fast food establishments, eating and drinking establishments may occupy the full ground floor requirements of Subtitle H § 1101.3; provided, that they shall remain subject to the linear street frontage requirement of Subtitle H § 1101.3(b)(1);

(c) In the NC-6 zone, eating and drinking establishments shall occupy no more than fifty percent (50%) of the linear street frontage as measured along the lots that face the designated roadway of which no more than one-half (0.5) of the 50% of the linear street frontage shall be occupied by fast food establishments and prepared food shops;

(d) In those parts of the affected building or lot other than as delineated in this section, the matter-of right use provisions of the zone shall apply; and

(e) For the purposes of this section the designated use areas of NC-4 and NC-5 shall be treated as a single zone.

1101.4   The following conditions shall apply to the matter-of-right designated uses in a designated use area in the specified NC zones: 

(a) In the NC-1 zone, entertainment and performing arts shall not be considered a designated use;

(b) In the NC-2, NC-9, NC-10, NC-11, NC-12, and NC-13 zones, residential uses may also be considered designated uses;

(c) In the NC-3 zone, no dwelling unit or rooming unit in existence as of October 1, 1987, shall be converted to any nonresidential use or to a transient use such as hotel or inn; provided, that this restriction shall not apply to the ground floor of the building; that is, that floor that is nearest in grade elevation to the sidewalk;

(d) In the NC-7 and NC-8 zones, liquor stores and pawn shops shall not be permitted;

(e) In the NC-12 and NC-13 zones, catering establishments and bakeries may also be considered designated uses;

(f) In the NC-14 and NC-15 zones, designated uses shall be limited to uses within the arts, design and creation, and the eating and drinking use categories; and

(g) In all NC zones, animal care or animal boarding as a matter-of-right designated use shall be limited to:

(1) An establishment used by a licensed veterinarian for the practice of veterinary medicine subject to the following: 

(A) No more than fifty percent (50%) of the gross floor area of the veterinary office may be devoted to the boarding of animals;

(B) The veterinary office shall be located and designed to create no objectionable conditions to adjacent properties resulting from animal noise, odor, or waste;

(C) The veterinary office shall not abut an existing residential use or a residential zone;

(D) External yards or other external facilities for the keeping of animals shall not be permitted; and

(E) Pet grooming, the sale of pet supplies, and incidental boarding of animals as necessary for convalescence shall be permitted as accessory uses; and

(2) An animal grooming business provided there are no boarding facilities, and no external yards or other external facilities for the keeping of animals;

 

(3) An animal boarding use located in a basement or cellar space subject to the following:

 

(A) The use shall not be located within twenty-five feet (25 ft.) of a lot within an R, RF, or RA zone. 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 an R, RF, or RA zone. Shared facilities 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;

 

(B)There shall be no residential use on the same floor as the use or on the floor immediately above the animal boarding use;

 

(C) Windows and doors of the space devoted to the animal boarding use shall be kept closed and all doors facing a residential use shall be solid core;

 

(D) No animals shall be permitted in an external yard on the premises;

 

(E) Animal waste shall be placed in a closed waste disposal containers and shall be collected by a licensed waste disposal company at least weekly;

 

(F)Odors shall be controlled by means of an air filtration or an equivalently effective odor control system; and

 

(G) Floor finish materials and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor shall be impervious and washable.

1101.5   No drive-through or drive-in operation shall be permitted in any NC zone as a principal or accessory use.

 

 

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)).

source

Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017).