518

518.1

The following uses shall be permitted if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, subject to the following conditions:

(a) An antenna tower or monopole;

(b) Automobile or motorcycle sales or repair subject to the provisions of this section:

(1) The use shall be located so that it is not objectionable to other uses on the same or neighboring property because of noise, fumes, or other conditions;

(2) The use shall not result in dangerous or otherwise objectionable traffic conditions;

(3) The use and all its accessory facilities, including automobile storage, shall be located within a building;

(4) No portion of a building use for vehicle sales or repair shall be used within fifty feet (50 ft.) of any R, RF, RA MU-1, MU-2, MU-1/DC, MU-2/DC, or MU-2/CAP zone; and

(5) The Board of Zoning Adjustment may impose additional requirements pertaining to location of buildings or other structures, entrances, exits, or soundproofing, or other requirements as the Board deems necessary to protect adjacent or nearby property;

(c) Bowling alley, subject to the provisions of this section:

(1) Bowling alley use shall not be within twenty-five feet (25 ft.) of a residential zone unless separated from such district by a street or alley; and

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

(d) Building service trade, including, but not limited to, plumber, electrician, exterminator, or air conditioning mechanic;

(e) Community Residence Facility for not more than sixteen (16) to twenty-

five (25) persons not including resident supervisors or staff and their families:

1. (1) There shall be no other lot containing community residence facility within five hundred feet (500 ft.) of an existing facility; and

2. (2) The Board of Zoning Adjustment may approve more than one community residence facility with over twenty-five (25) persons and within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations.(f) College or university that is an academic institution of higher learning, including a college or university hospital, dormitory, fraternity, or sorority house proposed to be located on the campus of a college or university, subject to the conditions of Subtitle X;(g) Emergency shelter for five (5) to twenty-five (25) persons, not including resident supervisors or staff and their families, subject to the standards and conditions of Subtitle U § 203.1(h);(h) Experimental research or testing laboratory;(i) Health care facility for sixteen (16) to three hundred (300) persons, not including resident supervisors or staff and their families, subject to the standards and conditions of Subtitle U § 203.1(k);(j) Hospital or clinic use, if the Board of Zoning Adjustment considers that this use is appropriate in furthering the objectives of the zone, subject to the provisions of this section:1. (1) The hospital or clinic use shall be located so that it is not likely to become objectionable to surrounding and nearby property because of noise, traffic, or parking;

2. (2) There shall be a demonstrated need for the facility;

3. (3) The applicant shall submit to the Board of Zoning Adjustment a detailed plan for the hospital or clinic and accessory facilities, showing the following:

1. (A) Location, height, and bulk of all improvements, including

but not limited to buildings, parking and loading facilities, screening, signs, and public utility facilities;

(B) A description of the activities to be carried on at the hospital or clinic, including the capacities of the various facilities within the hospital or clinic; and

(C) Before taking final action on an application for hospital or clinic use, the Board of Zoning Adjustment shall refer the application to the Office of Planning for coordination, review, and report, including review and report by the Department of Human Services on the need for the facility as well as the specific design of the facility and the District Department of Transportation;

(k) Light manufacturing, processing, fabricating, or milling, subject to the provisions of this section:

(1) The use shall comply with the standards of external effects for PDR zones and shall have no adverse effects on other uses on the same or adjoining properties;

(2) The use shall not result in dangerous or otherwise objectionable traffic conditions;

(3) There shall be adequate off-street parking for trucks and other service vehicles;

(4) There shall be no outdoor storage of materials; and

(5) The Board of Zoning Adjustment may impose requirements pertaining to design, appearance, or screening, or any other requirements that it deems necessary for the protection of neighboring or adjacent property;

(l) A Metropolitan Police Department vehicle maintenance facility or equestrian unit, subject to the condition that it be located so that it is not likely to become objectionable to adjoining or nearby property because of noise or fumes;

(m) Retail, large format, subject to the conditions of Subtitle U § 511.1(h);

(n) Utility (basic), subject to the provisions of this section:

1. (1) Any new construction of a freestanding structure used primarily for the purpose of housing an optical transmission node shall be subject to the following:
2. (A) The structure shall be built to appear compatible with surrounding construction, including exterior building material, fenestration, and landscaping; and
3. (B) There shall be no advertisement on the structure; and
4. (2) The Board of Zoning Adjustment may impose any requirements for setbacks, screening, or other safeguards that it deems necessary for protection of the neighborhood;
5. (o) Veterinary boarding hospital, subject to the following conditions:
6. (1) A veterinary boarding hospital may board any animal permitted to be lawfully sold in the District of Columbia, pursuant to § 9(j) of the Animal Control Act of 1970 (D.C. Law 3-30, as amended; D.C. Official Code § 8-1808(j));
7. (2) No more than fifty percent (50%) of the gross floor area of the veterinary boarding hospital may be devoted to the boarding of animals;
8. (3) The veterinary boarding hospital shall be located and designated to create no objectionable conditions to adjacent properties resulting from animal noise, odor, or waste;
9. (4) The veterinary boarding hospital shall not abut an existing residential use or a residential zone; unless the existing residential use is in a mixed-use building and the applicant demonstrates that:
   1. (A) The building was designed and constructed or will be re-designed and renovated to mitigate noise to limit negative impacts on residential units that the use will abut, including the use of acoustical tiles, caulking to seal penetrations made in floor slabs for pipes, and spray-on noise insulation;
   2. (B) The windows and doors of the space devoted to the veterinary boarding hospital use shall be kept closed, and all doors facing a residential use will be solid core;

1. (C) Animal waste shall be placed in closed waste disposal containers located in enclosed areas or away from abutting or confronting residential windows and doors; and shall be collected by a waste disposal company at least weekly;
2. (D) Odors will be controlled by means of an air filtration system or an equivalently effective odor control system; and
3. (E) Floor finish material, areas intended to be wet, and wall finish materials measured a minimum of forty-eight inches (48 in.) from the floor, shall be impervious and washable;- (5) External yards or other external facilities for the keeping of animals shall not be permitted;
4. (6) Pet grooming, the sale of pet supplies, and incidental boarding of animals as necessary for convalescence, are permitted as accessory uses;
5. (7) The Board of Zoning Adjustment may impose additional requirements as it deems necessary to protect adjacent or nearby properties; and
6. (8) The Board may waive or modify the conditions of this paragraph upon a determination that there will be no adverse impacts to building residents or tenants, or to adjacent properties resulting from the waiver or modification;- (p) Warehouse or wholesaler use; and
7. (q) Youth Rehabilitation Home, Adult Rehabilitation Home for one (1) to twenty (20) persons, not including resident supervisors or staff and their families. There shall be no other youth rehabilitation home or adult rehabilitation home within five hundred (500) of the facility.
8. (r) Youth Residential Care Home for sixteen (16) to twenty-five (25) persons not including resident supervisors or staff and their families.
9. (1) There shall be no other lot containing a youth residential care home within a radius of five hundred feet (500 ft.) from any portion of the lot; and

(2) The Board of Zoning Adjustment may approve more than one youth residential care home within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations.

(s) Other uses neither identified as permitted or not permitted, subject to the provisions of this section:

(1) The use shall not adversely affect the present character and future development of the neighborhood;

(2) No dangerous or otherwise objectionable traffic conditions shall result from the establishment of the use; and

(3) The Board of Zoning Adjustment may impose requirements pertaining to the design, appearance, screening, or any other requirements that it deems necessary for the protection of neighboring or adjacent property.

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 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 69 DCR 012886 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023).