Section 11-H1106. MATTER-OF-RIGHT USES (NC-USE GROUP B)  


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  • 1106.1 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 uses permitted in Subtitle H § 1103;
    (c) Animal care and boarding uses subject to the conditions of Subtitle H § 1101.4(g);
    (d) Daytime care uses for no more than twenty (20) persons, not including resident supervisors or staff and their families;
    (e) Eating and drinking establishment uses, except for:
    (1) A prepared food shop shall be permitted as a matter of right with seating for no more than twenty-four (24) patrons; and
    (2) 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) Education uses in the NC-10, NC-11, and NC-17 zones only;
    (h) Firearms retail sales establishments, except that no portion of the establishment shall be located within three hundred feet (300 ft.) of:
    (1) An R, RF, RA, MU-1, or MU-2 zone; or
    (2) A place of worship, public or private school, public library, or playground;
    (i) Lodging uses, except that they shall not be permitted in the NC-3 and NC-4 zones;
    (j) Motor vehicle uses shall be limited to the following and subject to the corresponding conditions:
    (1) An automobile rental agency;
    (2) A car wash with stacking spaces for a minimum of fifteen (15) cars;
    (3) A gasoline service station with a valid certificate of occupancy that has not been replaced by another use with a valid certificate of occupancy; and
    (4) 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;
    (k) Service (general) uses subject to the following limitations and corresponding conditions:
    (1) 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
    (2) Any establishment that has as a principal use the administration of massage shall not be permitted as a matter of right; and 
    (l) 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); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017).