201 USES AS A MATTER OF RIGHT (R-1)

201.1 The following uses shall be permitted as a matter of right in R-1 Districts:

1. (a) Chancery existing on September 22, 1978; provided, that the following requirements shall be met:
2. (1) After February 23, 1990, the continued use of the chancery shall be limited to the government that lawfully occupied the chancery on that date;
3. (2) No additional or accessory structure may be constructed on the lot that is occupied by the chancery;
4. (3) There shall be no expansion of the exterior walls, height, bulk, gross floor area, or any portion of any existing building or structure that is used as a chancery;
5. (4) If an existing building or structure that is used as a chancery is destroyed by fire, collapse, explosion, or act of God, the building or structure may be reconstructed;
6. (5) The reconstruction that is authorized by subparagraph (4) of this paragraph shall not be subject to the requirements of chapter 20 of this title; and
7. (6) The reconstruction that is authorized by subparagraph (4) of this paragraph shall be limited to the chancery site as it existed on February 23, 1990;
8. (b) Child development center located in a District of Columbia public school or a public recreation center operated by the D.C. Department of Parks and Recreation; provided, that written permission to use the school or the recreation center shall have been granted by the Superintendent of Schools or the Director of the Department of Parks and Recreation, respectively.
9. (c) Church or other place of worship, but not including rescue mission or temporary revival tents;
10. (d) Community-Based Residential Facility, as limited by the following
11. (1) Youth residential care home, community residence facility, or health care facility for not more than six (6) persons, not including resident supervisors or staff and their families; or for not more than eight (8) persons, including resident supervisors or staff and their families; provided, that the number of persons being cared for shall not exceed six (6); and
12. (2) Emergency shelter for not more than four (4) persons, not including resident supervisors or staff and their families;
13. (e) Community-based residential facility for occupancy by persons with handicaps; provided, that the determination of handicapped facility shall be made according to the reasonable accommodation criteria in 14 DCMR §111, 'Procedures for Reasonable Accommodation under the Fair Housing Act.' For purposes of this

subsection, a "handicap" means, with respect to a person, a physical or mental impairment which substantially limits one or more of such person's major life activities, or a record of having, or being regarded as having, such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance.

(f) Embassy;

(g) Farm or truck garden;

(h) Fire Station;

(i) Mass transit facility;

(j) One-family detached dwelling;

(k) Parsonage, vicarage, rectory, or Sunday school building;

(l) Police Department Local Facility.

(m) Private garage, as a principal use, designed to house no more than two (2) motor vehicles and not exceeding four hundred fifty square feet (450 ft.2) in area, subject to the special provisions of chapter 23 of this title;

(n) Private garage on an alley lot so recorded on the records of the Surveyor, District of Columbia, or recorded on the records of the D.C. Office of Tax and Revenue, on or before November 1, 1957, subject to the special provisions of chapter 23 of this title;

(o) Public Library;

(p) Public recreation and community center;

(q) Public school, subject to the provisions of chapter 21 of this title; public schools may collocate with other permitted schools or uses provided all applicable requirements of this title are met. Public schools may share common on-site recreation space including gymnasiums, playgrounds, and fields, and these shared recreational spaces may count toward the minimum lot area provided that the school is adjacent to the shared recreation space; on-site office use must be ancillary and necessary to the operation of the particular school.

(r) Temporary building for the construction industry that is incidental to erection of buildings or other structures permitted by this section;

(s) Temporary use of premises by fairs, circuses, or carnivals, upon compliance with the provisions of chapter 13 of Title 19 of the DCMR (Amusements, Parks and Recreation);

(t) Transportation right-of-way or underground conduit or pipeline;

(u) Youth residential care home, community residence facility, or health care facility for seven (7) to eight (8) persons, not including resident supervisors or staff and their families; 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 one thousand feet (1,000 ft.) from, any portion of the subject property; and

(v) The following uses are permitted as a matter of right if located in a building owned by the District of Columbia that formerly served as the location of a public school:

(1) Administrative offices of District government agencies not part of the criminal justice system, provided:

(A) The use shall not extend outside the building unless accessory and incidental to the principal administrative use; and

(B) Any storage shall be fully enclosed.

(2) Clinic for humans, provided that the use shall not be a substance abuse treatment facility or a community-based residential facility;

(3) Community service use or uses, provided:

(A) The application for a certificate of occupancy include evidence demonstrating that the established mission of the use will serve the community, neighborhood, or District of Columbia population;

(B) There is no outdoor storage of materials; and

(C) The use shall not be a community- based residential facility, a part of the criminal justice system, or a substance abuse treatment facility;

(4) Child/Elderly development center; and

(5) Community college, up to 50,000 sq. ft. of building area, provided:

(A) There shall be no external activities after 9:00 PM; and

(B) There shall be no use of the college space after midnight.

201.2 Antenna, subject to the standards and procedures which apply to the particular class of antenna or its location pursuant to chapter 27 of this title.

SOURCE: § 3101.3 of the Zoning Regulations, effective May 12, 1958; as amended by: Final Rulemaking published at 28 DCR 3482, 3485 (August 7, 1981); Final Rulemaking published at 29 DCR 4913 (November 5, 1982); Final Rulemaking published at 30 DCR 3270, 3271 (July 1, 1983); Final Rulemaking published at 36 DCR 1509, 1511 (February 24, 1989); Final Rulemaking published at 37 DCR 1405 (February 23, 1990); Final Rulemaking published at 40 DCR 726 (January 22, 1993); Final Rulemaking published at 46 DCR 3997 (April 30, 1999); Final Rulemaking published at 47 DCR 9741 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8345-46 (October 20, 2000); and Final Rulemaking published at 49 DCR 2742, 2746 (March 22, 2002); Final Rulemaking published at 50 DCR 10137 (November 28, 2003); Final Rulemaking published at 50 DCR 10822 (December 19, 2003); Final Rulemaking published at 51 DCR 4778 (May 7, 2004); Final Rulemaking published at 52 DCR 9155 (October 14, 2005); Final Rulemaking published at 53 DCR 9580 (December 1, 2006); and Final Rulemaking published at 55 DCR 34 (January 4, 2008).