303. USES PERMITTED BY SPECIAL EXCEPTION

USES PERMITTED BY SPECIAL EXCEPTION 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: 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 If animal boarding is provided, the use shall be located on or below the ground floor of the building; and Animal boarding is not permitted in a pet grooming establishment or pet shop; 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; Large scale government uses; 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: The use does not include auto body or fender repair; and The uses shall be located on or below the ground floor of the building; 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; Retail services, general, in the D-2 zone, provided the uses shall be located on or below the ground floor of the building; 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; Sexually-oriented business establishment uses in any D zone other than the D-1-R zone, subject to the following additional conditions: The use shall not be located within six hundred feet (600 ft.) of an R, RF, or RA zone or of an education use; The use shall not be located within three hundred feet (300 ft.) of another sexually-oriented business establishment use; There shall be no display of goods or services visible from the exterior of the premises; and The use shall not have an adverse impact on education, institutional, or government uses in the area; and 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). District of Columbia Municipal Regulations Zoning Regulations of 2016: Downtown (D) Zones 11-I DCMR § 303