D.C. Mun. Regs. tit. 11, r. 11-739

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

Rule 11-739 - ANIMAL SHELTER (C-2)

739.1

An animal shelter may be permitted as a special exception if approved by the Board of Zoning Adjustment under § 3104, subject to the requirements of this section.

739.2

The animal shelter shall be located and designed to create no objectionable condition to adjacent properties resulting from animal noise, odor, or waste, including residential units located in the same building as the use.

739.3

The applicant shall demonstrate that the animal shelter use will comply with the following conditions and any Board of Zoning Adjustment approval shall be subject to the use's continued compliance with these standards:

(a) The animal shelter shall utilize industry standard sound-absorbing materials, such as acoustical floor and ceiling panels, acoustical concrete and masonry, and acoustical landscaping;

(b) All animal waste shall be placed in closed waste disposal containers and shall be collected by a waste disposal company at least weekly;

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

(d) External yards or other external facilities for the keeping of animals shall not be permitted unless the entire yard is located a minimum of two hundred feet (200 ft.) from an existing residential use or Residence District.

739.4

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 shelter use and any portion of a street or alley that separated the use from a lot within a Residence District. Shared facilities that are not under the sole control of the animal shelter, such as hallways and trash rooms shall not be considered as part of the animal shelter use.

739.5

The Board of Zoning Adjustment may impose additional requirements as it deems necessary to protect adjacent or nearby properties.

D.C. Mun. Regs. tit. 11, r. 11-739

Final Rulemaking published at 54 DCR 8943 (September 14, 2007), as corrected by Errata Notice published at 58 DCR 4314 (May 20, 2011); Amended by Final Rulemaking published at 62 DCR 3127 (3/13/2015).

Authority: The Zoning Commission for the District of Columbia (the "Commission"), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 and 6-641.0 ).