761.1 Any use permitted in a C-4 District under § 751 shall be permitted in the C-5 (PAD) District as a matter of right, except that an animal boarding use shall be prohibited and a gasoline service station shall be permitted only as an accessory use to a parking garage subject to the conditions of § 701.1(i).

761.2 Uses as specified and controlled under §§ 753 and 754 shall be permitted in the C-5 (PAD) District if approved by the Board of Zoning Adjustment in accordance with the conditions specified in § 3104 for special exceptions.

761.3 Mechanical amusement machines shall be permitted in a C-5 (PAD) District as an accessory use incidental to the uses permitted in this section, subject to the provisions of § 2501.

761.4 A child development home or an expanded child development home shall be permitted in the C-5 (PAD) District as an accessory use incidental to the uses permitted in this section; provided:

(a) The dwelling unit in which the use is located shall be the principal residence of the caregiver; and

(b) The use otherwise shall meet the definition of a home occupation.

761.5 Other accessory uses customarily incidental and subordinate to the uses permitted in the C-5 (PAD) District shall be permitted in the C-5 (PAD) District if approved by the Board of Zoning Adjustment in accordance with the conditions specified under § 3104 for special exceptions.

761.6 A drive-through accessory to a fast food establishment shall be permitted in the C-5 (PAD) District, subject to the special provisions for drive-throughs in § 2304.

SOURCE: Final Rulemaking published at 25 DCR 2726, 2734 (September 22, 1978); as amended by Final Rulemaking published at 29 DCR 4913, 4916 (November 5, 1982); as amended by Final Rulemaking published at 32 DCR 4374, 4378 (July 26, 1985); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8406 (October 20, 2000); as amended by Final Rulemaking published at 53 DCR 6363 (August 4, 2006); as amended by Final Rulemaking published at 54 DCR 9393 (September 28, 2007); as amended by Final Rulemaking published at 63 DCR 1632 (February 12, 2016).