D.C. Mun. Regs. r. 11-741

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 11-741 - USES AS A MATTER OF RIGHT (C-3)

741.1

Any use permitted in C-2 Districts under § 721 shall be permitted in a C-3 District as a matter of right.

741.2

In addition to the uses permitted in C-2 Districts by § 721.1, the following service establishments shall be permitted in a C-3 District as a matter of right:

(a) Amusement enterprise, including penny arcade or shooting gallery;

(b) Laundry or dry cleaning establishment, not exceeding five thousand square feet (5,000 ft.2) of gross floor area;

(c) Gasoline service station as an accessory use to a mechanical parking garage, subject to the conditions for the accessory use in § 701.1(i); and

(d) Printing, lithographing, or photoengraving establishment, with no limitation on gross floor area.

741.3

In addition to the uses permitted in C-2 Districts by § 721.3, the following retail establishments shall be permitted in a C-3 District as a matter of right:

(a) Motorcycle sales and repair, only in C-3-C Districts; provided:

(1) The use and all its accessory facilities shall be located within a building; and

(2) No portion of a building used for motorcycle sales or repair shall be located within fifty feet (50 ft.) of a Residence or Special Purpose District;

(b) Any establishment that has as a principal use the administration of massages, only in C-3-C Districts; provided, that no portion of the establishment shall be located within two hundred feet (200 ft.) of a Residence District; and

(c) Fast food establishment or food delivery service; provided, that in a C-3-A District, 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.

741.4

Other service or retail use similar to that allowed in §§ 741.2 and 741.3 shall be permitted in a C-3 District, including assemblage and repair clearly incidental to the conduct of a permitted service or retail establishment on the premises.

741.5

The following uses shall also be permitted as a matter of right in a C-3 District:

(a) Mechanical parking garage, only in C-3-C Districts;

(b) Public swimming pool; and

(c) Community-based residential facility.

(d) Temporary surface parking lot accessory to the Ballpark shall be permitted on Square 769, Lot 21 and those portions of Lots 18 and 20 within the C-3-C District, in accordance with § 2110.1(a). In the event that the cumulative parking limit established in § 2110.1(b) is met, additional temporary surface parking spaces accessory to the Ballpark on Square 769, Lot 21 and those portions of Lots 18 and 20 within the C-3-C District, shall be permitted as a special exception if approved by the Board of Zoning Adjustment pursuant to § 2110.2.

741.6

[Deleted]

741.7

[Deleted]

741.8

Electronic Equipment Facility (EEF) use under either or both of the following circumstances:

(a) The EEF use occupies no more than twenty-five percent (25%) of the above ground constructed gross floor area of the building; or

(b) The EEF use is located below ground floor.

D.C. Mun. Regs. r. 11-741

§ 5103.31 of the Zoning Regulations, effective May 12, 1958; as amended by: Final Rulemaking published at 22 DCR 1901, 1902 (October 14, 1975); Final Rulemaking published at 27 DCR 2066, 2071 (May 16, 1980); Final Rulemaking published at 27 DCR 2226, 2228 (May 23, 1980); Final Rulemaking published at 28 DCR 3482, 3505 (August 7, 1981); Final Rulemaking at 32 DCR 4374, 4377 (July 26, 1985); Final Rulemaking published at 33 DCR 7499 (December 20, 1985); Final Rulemaking published at 36 DCR 1509, 1517 (February 24, 1989); Final Rulemaking published at 40 DCR 3744, 3747 (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, 8399-8400 (October 20, 2000); Final Rulemaking published at 48 DCR 9830, 9832 (October 26, 2001); Final Rulemaking published at 49 DCR 1655 (February 22, 2002), incorporating by reference the text of Proposed Rulemaking published at 48 DCR 11159, 11160 (December 7, 2001); as amended by: Final Rulemaking published at 54 DCR 8976 (September 14, 2007); as amended by Final Rulemaking published at 54 DCR 9393 (September 28, 2007);as amended by: Final Rulemaking published at January 4, 2008 (55 DCR 34)