D.C. Mun. Regs. tit. 11-I, § 303
Uses Permitted by Special Exception
Effective Mar 5, 202168 DCR 2485Authority: § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797), as amended; D.C. Official Code § 6-641.01 (2018 Rep1.), and pursuant to § 6 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1206; D.C. Official Code § 2 505(c) (2016 Repl.)). Source: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2485 (March 5, 2021).District of Columbia, Office of the Secretary
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) Unless otherwise permitted as a matter of right, animal care and boarding uses, 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 § 608, subject to the conditions applicable to those uses in Subtitle U § 513.1 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) 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:
- (3) The use does not include auto body or fender repair; and
- (4) The uses shall be located on or below the ground floor of the building;
- (e) Motorcycle sales and repair in the D-4 zone, subject to the conditions applicable to those uses in Subtitle U § 515.1, except that sufficient parking shall be provided for employees and customers;
- (f) Retail services, general, in the D-2 zone, provided the uses shall be located on or below the ground floor of the building;
- (g) Large format retail uses subject to the conditions for those uses in Subtitle U § 511.1, except that sufficient parking shall be provided for employees and customers;
- (h) Sexually-oriented business establishment uses in any D zone other than the D-1-R zone, subject to the following additional conditions:
(5) The use shall not be located within six hundred feet (600 ft.) of an R, RF, or RA zone or of an education use;
(6) The use shall not be located within three hundred feet (300 ft.) of another sexually-oriented business establishment use;
(7) There shall be no display of goods or services visible from the exterior of the premises; and
(8) The use shall not have an adverse impact on education, institutional, or government uses in the area; and
(i) Veterinary offices, veterinary hospitals, or veterinary boarding hospitals, subject to the conditions applicable to those uses in Subtitle U §§ 512.1 and 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.
SOURCE: Final Rulemaking published at 63 DCR 2447, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 2485 (March 5, 2021).