512.1 The following uses shall be permitted in MU-Use Group E as a matter of right subject to any applicable conditions for each use below:

1. (a) Uses permitted as a matter of right in any R, RF, and RA zones, and all uses permitted as a matter of right for MU-Use Group D of this chapter, unless otherwise required as a special exception in Subtitle U § 513 or not permitted by Subtitle U § 514;
2. (b) An animal boarding use located in a basement or cellar space subject to the following:
3. (1) The use shall not be located within twenty-five feet (25 ft.) of a lot within an R, RF, or RA zone. 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 an R, RF, or RA zone. Shared facilities 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;
4. (2) There shall be no residential use on the same floor as the use or on the floor immediately above the animal boarding use;
5. (3) Windows and doors of the space devoted to the animal boarding use shall be kept closed and all doors facing a residential use shall not be solid core;
6. (4) No animals shall be permitted in an external yard on the premises;
7. (5) Animal waste shall be placed in a closed waste disposal container and shall be collected by a licensed waste disposal company at least weekly;
8. (6) Odors shall be controlled by means of an air filtration or an equivalently effective odor control system; and
9. (7) Floor finish materials and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor shall be impervious and washable;
10. (c) Automobile, truck, boat, or marine sales;

(d) College or university uses, except that in the MU-4 zone, a use that would otherwise not be permitted as a matter of right but for the university or college shall not be permitted;

(e) Eating and drinking establishment uses, subject to the following conditions:

(1) A fast food establishment or food delivery service shall not be permitted within any of the MU-4 zones; and

(2) A fast food establishment or food delivery service in all other MU-Use Group E zones, subject to the following conditions:

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

(B) If any lot line of the lot abuts an alley containing a zone district 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;

(C) 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 a residential zone;

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

(E) Subparagraphs (A) and (B) shall not apply to a fast food establishment located in Square 5912;

(f) Education uses, private;

(g) Entertainment, assembly, and performing arts uses, except that a bowling alley shall be subject to the following conditions:

(1) The use shall not be within twenty-five feet (25 ft.) of a residentially zoned property unless separated by a street or alley; and

(2) Soundproofing to the extent deemed necessary for the protection of adjoining and nearby property shall be required;

(h) Firearms retail sales establishments, except that no portion of the establishment shall be located within three hundred feet (300 ft.) of:

(1) Any R, RF, RA, MU-1 or MU-2 zone; or

(2) A place of worship, public or private school, public library, or playground;

(i) Gasoline service station as an accessory use to a parking garage or public storage garage; provided:

(1) All portions of the gasoline service station shall be located entirely within the garage;

(2) No part of the accessory use shall be visible from a sidewalk;

(3) Signs or displays indicating the existence of the accessory use shall not be visible from the outside of the garage; and

(4) The use shall not be permitted in any of the MU-4 zones;

(j) Optical transmission node;

(k) Retail uses, except for a large format retail use, subject to the off-premises beer and wine sales accessory use in the grocery store located in Square 2572, Lot 36, may continue, provided that it shall not occupy more than two thousand seventy-eight square feet (2,078 sq. ft.) of the store's gross floor area;

(l) Service (general) uses subject to the following conditions:

(1) A laundry or dry cleaning facility shall not exceed twenty-five hundred square feet (2,500 sq. ft.) of gross floor area; and

(2) In any of the MU-4 zones, uses involving the installation of automobile accessories shall not be permitted;

(m) Veterinary office or veterinary hospital, which may also include the incidental boarding of animals as necessary for convalescence, pet

grooming, and the sale of pet supplies, but not as an independent line of business; and

(n) Accessory uses customarily incidental and subordinate to the uses permitted by this section.

512.2 In the MU-4/RC and MU-5A/RC zones, the uses of this section shall be permitted as a matter of right unless prohibited by Subtitle U § 514.3.

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 340 (January 13, 2017); as amended by Final Rulemaking published at 64 DCR 7259 (July 28, 2017); as amended by Final Rulemaking published at 65 DCR 6596 (June 15, 2018); as amended by Final Rulemaking published at 67 DCR 11964 (October 16, 2020); as amended by Final Rulemaking published at 68 DCR 2485 (March 5, 2021); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023).