735.1 An animal boarding use that is not permitted as a matter-of-right pursuant to § 721.2(a) may be permitted as a special exception if approved by the Board of Zoning Adjustment under § 3104, subject to the requirements of this section.

735.2 The use shall not be located within twenty-five feet (25 ft.) of a lot within a Residence District. 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 a Residence District. Shared facilities that are 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.

735.3 The animal boarding use shall produce no noise or odor objectionable to adjacent properties, including residential units located in the same building as the use.

735.4 The applicant shall demonstrate that the animal boarding use will comply with the following conditions and any Board's approval shall be subject to the use's continued compliance with these standards:

1. (a) The animal boarding use shall take place entirely within an enclosed building;
2. (b) Buildings shall be designed and constructed to mitigate noise to limit negative impacts on adjacent properties, including residential units located in the same building as the use. Additional noise mitigation shall be required for existing buildings not originally built for the boarding of animals, including the use of acoustical tiles, caulking to seal penetrations made in floor slabs for pipes, and spray-on noise insulation;
3. (c) The 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;
4. (d) No animals shall be permitted in an external yard on the premises;
5. (e) Animal waste shall be placed in closed waste disposal containers and shall be collected by a waste disposal company at least weekly;
6. (f) Odors shall be controlled by means of an air filtration system or an equivalently effective odor control system; and
7. (g) Floor finish material, and wall finish materials measured a minimum of

forty-eight inches (48 in.) from the floor, shall be impervious and washable.

735.5 The Board of Zoning Adjustment may impose additional requirements pertaining to the location of buildings or other structures, entrances and exits; buffers, banners, and fencing, soundproofing, odor control, waste storage and removal (including frequency), the species and/or number of animals; or other requirements, as the Board deems necessary to protect adjacent or nearby property.

735.6 External yards or other exterior facilities for the keeping of animals shall not be permitted.

SOURCE: Final Rulemaking published at 53 DCR 6363 (August 4, 2006); as amended by Final Rulemaking published at 54 DCR 8943 (September 14, 2007); as corrected by Errata Notice published at 58 DCR 4314 (May 20, 2011); as amended by Final Rulemaking published at 62 DCR 3127 (March 13, 2015).