D.C. Mun. Regs. tit. 11, r. 11-721

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 11-721 - USES AS A MATTER OF RIGHT (C-2)

721.1

Any use permitted in C-1 Districts under § 701 shall be permitted in a C-2 District as a matter of right.

721.2

In addition to the uses permitted in C-1 Zone Districts by § 701.1, the following service establishments shall be permitted in a C-2 Zone District as a matter-of- right:

(a) Animal boarding located in a basement or cellar space, provided:

(1) The use shall not be located within twenty-five feet (25 ft.) of a lot within a Residence District. 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 a Residence District. 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;

(2) There shall be no residential use on the same floor as the use or on the floor immediately above the animal boarding use;

(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 be solid core;

(4) No animals shall be permitted in an external yard on the premises;

(5) Animal waste shall be placed in closed waste disposal containers and shall be collected by a licensed waste disposal company at least weekly;

(6) Odors shall be controlled by means of an air filtration or an equivalently effective odor control system; and

(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;

(b) Automobile laundry, with reservoir space for at least fifteen (15) automobiles;

(c) Automobile rental agency;

(d) Billiard parlor or pool hall;

(e) Blueprinting or similar reproduction service;

(f) Bowling alley; provided, that it shall be soundproof;

(g) Catering establishment;

(h) Dental laboratory;

(i) Driver's License Road Test Facility;

(j) Film exchange;

(k) Funeral, mortuary, or undertaking establishment;

(l) General indoor storage, not exceeding twenty-five hundred square feet (2,500 sq. ft.) of gross floor area;

(m) Interior decorating shop;

(n) Laundry, self service, with no limitations on the gross floor area;

(o) Laboratory, optical;

(p) Parcel delivery service;

(q) Photographic studio;

(r) Picture framing studio or shop;

(s) Plumbing or heating shop, excluding outdoor storage;

(t) Printing, lithographing, or photoengraving establishment, in each case not exceeding twenty-five hundred square feet (2,500 sq. ft.) of gross floor area;

(u) Public bath, physical culture, or health service;

(v) Radio or television broadcasting studio not including antenna tower, or monopole;

(w) Streetcar or bus passenger depot;

(x) Tailor shop or valet shop, with no limitation on the gross floor area;

(y) Telegraph office; and

(z) 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.

721.3

In addition to the uses permitted in C-1 Districts by § 701.4, the following retail establishments shall be permitted in a C-2 District as a matter of right:

(a) Antique store or shop;

(b) Auction house;

(c) Automobile accessories sales, including installations;

(d) Automobile and truck sales;

(e) Boat or other marine sales;

(f) Department store;

(g) Display stand or store for mail order sales;

(h) Drive-in type restaurant;

(i) Dry goods store;

(j) Fast food establishment or food delivery service, only in a C-2-B, C 2 B 1, or C-2-C District; provided:

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

(2) If any lot line of the lot abuts an alley containing a zone district boundary line for a Residence District, 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;

(3) 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 Residence District; and

(4) The use shall not include a drive-through. Subparagraphs (1) and (2) shall not apply to a fast food establishment located in Square 5912;

(k) Firearms retail sales establishments, provided that no portion of the establishment, other than a single establishment operated at the Metropolitan Police Department at 300 Indiana Avenue, N.W., shall be located within three hundred feet (300 ft.) of:

(1) A Residence (R) or Special Purpose (SP) District; or

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

(l) Furniture store;

(m) Home furnishings sales;

(n) Ice sales;

(o) Leather goods store;

(p) Musical instruments and accessories sales;

(q) Office supplies and equipment sales;

(r) Optical goods store;

(s) Precision instrument sales; and

(t) Prepared food shop, except that in a C-2-A District, a prepared food shop with greater than eighteen (18) seats for patrons shall only be permitted by special exception pursuant to 11 DCMR § 712.

721.4

Other service or retail use similar to that permitted in §§ 721.2 and 721.3, including assemblage and repair clearly incidental to the conduct of a permitted service or retail establishment on the premises, shall be permitted in a C-2 District as a matter of right.

721.5

A youth residential care home, community residence facility, or health care facility for seven (7) to fifteen (15) persons, not including resident supervisors or staff and their families, shall be permitted in a C-2 District as a matter of right; provided, that there shall be no property containing an existing community-based residential facility for seven (7) or more persons either in the same square or within a radius of five hundred feet (500 ft.) from any portion of the subject property.

721.6

The following uses shall also be permitted in a C-2 District as a matter of right:

(a) Assembly hall, auditorium, or public hall;

(b) International organization; and

(c) Theater, including movie theater.

721.7

Notwithstanding § 735, an animal boarding use in existence as of July 11, 2005, under a Certificate of Occupancy for a "Dog Care Center" or "Dog Day Care Center," may be permitted to apply for a new Certificate of Occupancy as an animal boarding use if the use does not abut a Residence Zone, except that the continued use of an external yard shall require the approval of the Board of Zoning Adjustment as a special exception pursuant to § 736.

721.8

Any internal or external expansion of an animal boarding use permitted under § 721.7 shall require the approval of the Board of Zoning Adjustment as a special exception.

D.C. Mun. Regs. tit. 11, r. 11-721

§ 5102.3 of the Zoning Regulations, effective May 12, 1958; as amended by; Final Rulemaking published at 28 DCR 3482, 3504 (August 7, 1981); Final Rulemaking published at 30 DCR 3270, 3274 (July 1, 1983); Final Rulemaking published at 32 DCR 4374 (July 26, 1985); Final Rulemaking published at 40 DCR 726 (January 22, 1993); Final Rulemaking published at 40 DCR 3744, 3746 (June 11, 1993); Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8389 (October 20, 2000); Final Rulemaking published at 49 DCR 8891, 8894 (September 27, 2002); as amended by Final Rulemaking published at 52 DCR 7259 (August 5, 2005); as amended by Final Rulemaking and Order No. 05-21 published at 53 DCR 6363 (August 4, 2006); as amended by Final Rulemaking published at as amended by Final Rulemaking published at 54 DCR 8943 (September 14, 2007); as amended by Final Rulemaking published at 54 DCR 9393 (September 28, 2007); as amended by Final Rulemaking published at 54 DCR 11720 (December 7, 2007); as amended by Final Rulemaking published at 55 DCR 34 (January 4, 2008); as amended by Final Rulemaking published at 55 DCR 5377 (April 18, 2008); as amended by Final Rulemaking and Order No. 08-20 published at 56 DCR 2181 (March 13, 2009); as corrected by Errata Notice published at 58 DCR 4314, 4317 (May 20, 2011); as amended by a Notice of Emergency and Proposed Rulemaking published at 58 DCR 6107 (July 22, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 10652 (December 16, 2011); Amended by Final Rulemaking published at 62 DCR 3127 (3/13/2015).

Amended by Final Rulemaking published at 62 DCR 5190 (4/24/2015)

Authority: The Zoning Commission for the District of Columbia (Commission), pursuant to the authority set forth in § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 (2008 Repl.)).