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Fast food restaurants are not allowed to open in Georgetown. Here's why

Before 1985, D.C. had no restrictions on where fast food restaurants could open.

WASHINGTON — Did you know fast food restaurants are technically banned from opening up in Georgetown? That's according to D.C. zoning regulations.

Driving through the area, it may seem like no one is enforcing that rule with eateries like Chipotle on M Street, Sweet Green on Wisconsin Avenue and even Chick-Fil-A on Reservoir Road, NW.

But that's not the case.

Some restaurants are skirting around the rule by defining themselves as "fast casual" rather than "fast food," and others are filing for exemptions and paying thousands in fines to open up shop.

So, what is fast casual verse fast food? According to 1985 zoning regulations, if the restaurant met any of the following three requirements it was considered to be fast food including;

  1. Does it have a drive-thru window?
  2. Do customers pay for food beforehand?
  3. Does it use disposable tablewear?

But in 2016, the classifications on what makes a restaurant fast food changed, becoming more relaxed. The new test includes five factors, but officials say meeting one or all five doesn't necessarily define the restaurant as a fast food eatery. The DC Office of Zoning (DCOZ) and the Office of the Zoning Administrator make the final decision.

These five factors include:

  1. Is the food prepared in a production line?
  2. Is the food prepared at a central location and then shipped to a franchise location?
  3. Are there trash cans in the dining area for people to clean up after themselves?
  4. The amount of seating for customers.
  5. Is food being served on disposable tableware?

So, despite most of Georgetown being zoned in an area fast food establishments and food delivery services are not allowed to open up, many are getting around the rule by calling themselves fast casual. 

Fast casual restaurants offer the convenience of fast food without the full offerings of fine dining. 

It's important to note that while some argue fast casual restaurants should be treated differently and be exempt from certain restrictions because they are sourcing higher quality ingredients, it can be seen as classist, since fast casual is generally less affordable and serves a different client base.

Several restaurants in Georgetown that fall under the fast casual model have opened up without obtaining a zoning waiver since that category came about. For those restaurants that can't, they have two options:

  1. Ask for special exception from the Board of Zoning Adjustment, which involves filing an application and going through a public hearing process.
  2. Pick a different location.

It wasn't until 1985 that the D.C. Zoning Commission first imposed restrictions on where fast food eateries could open. This was in response to major chains spreading to parts of D.C. where residents and Advisory Neighborhood Commissions did not want them. In a 1985 petition from ANC commissioners, "increased car traffic, pedestrians, litter, loitering late at night, and gaudy signs" was cited as their reasoning behind the restrictions.

Before 1985, fast food restaurants could open up where they pleased in the District.

This brings the expected opening of Raising Cane's on M Street into question since the area is technically not zoned for fast food, and can't be defined as fast casual, since the restaurant describes itself as fast food on its own website.

WUSA9 is looking into if the restaurant has filed for special exemption and will therefore have to pay fines to get around the zoning regulations. 

To see the full zoning map of D.C., click here. 

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