Section 11-I303. USES PERMITTED BY SPECIAL EXCEPTION

303.1 The uses in this section shall be permitted as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9, subject to the following applicable provisions:

(a) Animal care and boarding uses, pet grooming establishments, and pet shops in any D zone except for the D-1-R zone and the portions of the D-7 zone within the boundaries of the Pennsylvania Avenue Sub-Area defined in Subtitle I § 608, subject to the conditions in Subtitle U § 513.1(a) and:

(1) If animal boarding is provided, the use shall be located on or below the ground floor of the building; and

(2) Animal boarding is not permitted in a pet grooming establishment or pet shop;

(b) Eating and drinking establishments in the D-1-R and D-2 zones, provided the uses are located on or below the ground floor of the building;

(c) Large scale government uses;

(d) Large format retail uses subject to the conditions in Subtitle U § 511.1(j), except that sufficient parking shall be provided for employees and customers;

(e) Motorcycle sales and repair in the D-4 zone, subject to the conditions in Subtitle U § 515.1(i);

(f) Motor vehicle sales not meeting the conditions in Subtitle I § 302.2(d) in any D zone except for the D-1-R zone, and subject to the following conditions:

(1) The use does not include auto body or fender repair; and

(2) The uses shall be located on or below the ground floor of the building;

(g) Sexually-oriented business establishment uses in any D zone other than the D-1-R zone, subject to the following additional conditions:

(1) The use shall not be located within six hundred feet (600 ft.) of an R, RF, or RA zone or of an education use;

(2) The use shall not be located within three hundred feet (300 ft.) of another sexually-oriented business establishment use;

(3) There shall be no display of goods or services visible from the exterior of the premises; and

(4) The use shall not have an adverse impact on educational, institutional, or government uses in the area;

(h) Retail services, general, in the D-2 zone, provided the uses shall be located on or below the ground floor of the building; and

(i) Veterinary office or veterinary boarding hospitals, subject to the conditions in Subtitle U § 513.1 in any D zones except for the D-1-R zone and the portions of the D-7- zone within the boundaries of the Pennsylvania Avenue Sub-Area defined in Subtitle I § 608.

 

 

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, 3041 (March 4, 2016 – Part 2).