6007.1 In areas other than designated use areas, the uses in this section shall be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the conditions applicable to each use as follows:

1. (a) Animal care and boarding uses not meeting the conditions of Subtitle H § 6001.4(g) for these uses, subject to the conditions of Subtitle H §§ 6005.1(a) and (b) for these uses;
2. (b) [RESERVED];
3. (c) Community solar facility not meeting the requirements of Subtitle H § 6003.1(e), subject to the following:
4. (1) Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that:
   1. (A) Maintains as many existing native trees as possible;
   2. (B) Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture;
   3. (C) Ensures all trees measure a minimum of six feet (6 ft.) in height at the time of planting; and
5. (2) The Application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report;
6. (d) Emergency shelter uses for up to twenty-five (25) persons, not including resident supervisors or staff and their families, subject to the conditions in Subtitle H § 6005.1(e);
7. (e) Eating and drinking establishment uses as follows:
8. (1) Prepared food shop with seating for more than twenty-four (24) patrons; and
9. (2) Fast food establishments or food delivery businesses shall be permitted, subject to the following conditions:

(A) The uses shall not be permitted in the MU-4/WP zone;

(B) No part of the lot on which the use is located shall be within twenty-five feet (25 ft.) of any R, RA, or RF zone unless separated therefrom by a street or alley;

(C) If any lot line of the lot abuts an alley containing a zone boundary line for a residential zone, a continuous brick wall at least six feet (6 ft.) high and twelve inches (12 in.) thick shall be constructed and maintained on the lot along the length of that lot line. The brick wall shall not be required in the case of a building that extends for the full width of its lot;

(D) Any refuse dumpsters shall be housed in a three- (3) sided brick enclosure equal in height to the dumpster or six feet (6 ft.) high, whichever is greater. The entrance to the enclosure shall include an opaque gate. The entrance shall not face an R, RA, or RF zone;

(E) The use shall not include a drive-through;

(F) There shall be no customer entrance in the side or rear of a building that faces a street or alley containing a zone boundary line for a residential zone; and

(G) The use shall be designed and operated so as not to become objectionable to neighboring properties because of noise, sounds, odors, lights, hours of operation, or other conditions;

(f) Education, college/university uses subject to Subtitle X § 102, in all the other zones in NMU Use Group B that are not allowed as a matter of right;

(g) Motor vehicle-related uses are not permitted except for the following uses subject to the corresponding conditions:

(1) The uses shall not be permitted in the NMU-4/H-A and NMU-4/H-R zones; and

(2) A gasoline service station or repair garage not including body or fender work, subject to the following conditions:

1. (A) The use shall not be located within twenty-five feet (25 ft.) of any R, RF, or RA zone;
2. (B) The operation of the use shall not create dangerous or other objectionable traffic conditions; and
3. (C) Parking spaces may be arranged so that all spaces are not accessible at all times. All parking spaces shall be designed to allow parking and removal of any vehicles without moving any other vehicle onto public space;- (h) Motorcycle sales and repair uses subject to the following conditions:
4. (1) The use and all its accessory facilities shall be located within a building; and
5. (2) No portion of a building used for motorcycle sales and repair shall be located within fifty feet (50 ft.) of any R, RF, RA, MU-1, and MU-2 zones;
6. (i) Parking as accessory parking spaces elsewhere than on the same lot or part of the lot on which any principal use subject to the following conditions:
7. (1) The total number of parking spaces provided for the principal use shall not exceed the minimum number of spaces required for the principal use;
8. (2) It shall be considered economically impracticable or unsafe to locate the parking spaces within the principal building or on the same lot on which the building or use is permitted because of the following:
   1. (A) Strip zoning or shallow zoning depth;
   2. (B) Restricted size of lot caused by adverse adjoining ownership or substantial improvements adjoining or on the lot;
   3. (C) Unusual topography, grades, shape, size, or dimensions of the lot;
   4. (D) The lack of an alley or the lack of appropriate ingress or

egress through existing or proposed alleys or streets; or

(E) Traffic hazards caused by unusual street grades or other conditions; and

(3) The parking spaces shall be located, and all facilities in relation to the parking spaces shall be designed, so that they are not likely to become objectionable to adjoining or nearby property because of noise, traffic, or other objectionable conditions.

(j) Service (general) uses subject to the following limitations and corresponding conditions:

(1) A self-service or full-service laundry or dry-cleaning establishment that exceeds two thousand five hundred square feet (2,500 sq. ft.) of gross floor area; and

(2) An establishment that has as a principal use the administration of massage;

(k) Utility (basic) uses, other than an optical transmission node, but not including an EEF use, provided the Board of Zoning Adjustment concludes the use will not, as a consequence of its design, operation, low employee presence, or proximity to other electronic equipment facilities, inhibit future revitalization of the neighborhood, reduce the potential for vibrant streetscapes, deplete street life, or inhibit pedestrian or vehicular movement;

(l) Youth Rehabilitation Home, Adult Rehabilitation Home provided that the use shall house no more than twenty (20) persons, not including resident supervisors or staff and their families.

SOURCE: Final Rulemaking published at 63 DCR 2447, 2987 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 66 DCR 12137 (September 13, 2019); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023).