Section 11-H1104. MATTER-OF-RIGHT USES (NC-USE GROUP A)  


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    1104.1 The following uses in this section shall be permitted as a matter of right subject to any applicable conditions:

    (a) Uses permitted as a matter of right in any R, RF, or RA zone;
    (b) Any use permitted in Subtitle H §1103;
    (c) Animal care and boarding uses subject to the conditions of Subtitle H § 1101.4(h);
    (d) Daytime care uses for no more than five (5) persons not including resident supervisors or staff and their families;
    (e) Eating and drinking establishment uses, except for:
    (a) A prepared food shop shall be permitted as a matter of right with seating for no more than twenty-four (24) patrons; and
    (b) A fast food establishment and a food delivery business shall not be permitted as a matter of right;
    (f) Emergency shelter use for no more than four (4) persons, not including resident supervisors or staff and their families;
    (g) Entertainment, assembly, and performing arts uses, except for a bowling alley;
    (h) Motor vehicle uses limited to the following and subject to the corresponding conditions:
    (a) Gasoline service station with a valid certificate of occupancy that has not been replaced by another use with a valid certificate of occupancy;
    (b) Gasoline service station as an accessory use to a parking garage or public storage garage; provided:
    (A) All portions of the gasoline service station shall be located entirely within the garage;
    (B) No part of the accessory use shall be visible from a sidewalk; and
    (C) Signs or displays indicating the existence of the accessory use shall not be visible from the outside of the garage;
    (i) Service (general) uses except that a self-service or full service laundry, or dry cleaning establishment shall not exceed two thousand five hundred square feet (2,500 sq. ft.) of gross floor area and no dry cleaning chemicals shall be used or stored on site; and
    (j) Utilities uses limited to optical transmission nodes.

     

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).