202 ACCESSORY USES (R-1)

202.1 The uses set forth in §§ 202.2 through 202.9 shall be permitted as accessory uses in an R-1 District incidental to the uses permitted in this chapter; provided, that the particular requirements for each use are met.202.2 The use of an office by a physician or dentist shall be permitted, if the following requirements are met:- (a) The physician or dentist shall reside on the premises;

- (b) No goods, chattel, wares, or merchandise shall be created commercially, exchanged, or sold in the office;

- (c) Exclusive of domestics, not more than two (2) persons who do not reside on the premises may be employed. No person so employed shall be a physician or dentist; and

- (d) Only one (1) sign not over one square foot (1 ft.²) in area and affixed to the dwelling or free-standing shall be used. The sign, if illuminated, shall be white and nonflashing.202.3 For purposes of § 202.2, the term 'physician' shall include only a person who practices medicine.202.4 The child development home shall be permitted as an accessory use in an R-1 District incidental to the uses permitted in this chapter, if the following requirements are met:- (a) The dwelling unit in which the use is located shall be the principal residence of the caregiver;

- (b) There is used no more than one (1) sign or display, which shall not exceed one hundred forty-four square inches (144 in.²) in area;

- (c) No stock in trade is kept nor any commodity sold upon the premises;

- (d) No person is employed other than a member of the caregiver's immediate family residing on the premises; and

- (e) No mechanical equipment is used except such as is permissible for purely domestic or household purposes.202.5 The elderly day care home shall be permitted as an accessory use in an R-1 District incidental to the uses permitted in this chapter if the requirements of the child development home are met.202.6 A maximum of two (2) roomers or boarders, who shall room or board in the main building, shall be permitted.202.7 For a one family detached dwelling, in addition to any accessory parking space required by § 2101.1, either of the following is permitted:- (a) One (1) parking space for the exclusive use of the occupants or their guests; or

- (b) Up to two (2) car-sharing spaces, neither of which may be a space devoted to required parking.

202.8 Except as is provided in this subsection and § 203.6, no sale of products shall be permitted at a dwelling unit. During a twelve-month (12-month) period, one sale in the nature of a yard sale, garage sale, or home sales party may be held at a dwelling unit.

202.9 A home occupation shall be permitted, as provided in and subject to § 203.

202.10 An accessory apartment may be added within an existing one-family detached dwelling if approved by the Board of Zoning Adjustment as a special exception under § 3104, subject to the following provisions:

(a) The lot shall have a minimum lot area for the following zone Districts:

(1) Seven thousand, five hundred square feet (7,500 ft.2) for R-1-A;

(2) Five thousand square feet (5,000 ft.2) for R-1-B; and

(3) Four thousand square feet (4,000 ft.2) for R-2 and R-3;

(b) The house shall have at least two thousand square feet (2,000 ft.2) of gross floor area, exclusive of garage space;

(c) The accessory apartment unit may not occupy more than twenty-five percent (25%) of the gross floor area of the house;

(d) The new apartment may be created only through internal conversion of the house, without any additional lot occupancy or gross floor area; garage space may not be converted;

(e) If an additional entrance to the house is created, it shall not be located on a wall of the house that faces a street;

(f) Either the principal dwelling or accessory apartment unit must be owner-occupied;

(g) The aggregate number of persons that may occupy the house, including the principal dwelling and the accessory apartment combined, shall not exceed six (6);

(h) An accessory apartment may not be added where a home occupation is already located on the premises; and

(i) The Board may modify or waive not more than two (2) of the requirements specified in paragraphs (a) through (h) of this subsection; provided, that the following occurs:

(1) The owner-occupancy requirement of paragraph (f) shall not be waived;

(2) Any modification(s) approved shall not conflict with the intent of this section to maintain a single-family residential appearance and character in the R-1, R-2, and R-3 Districts; and

(3) Any request to modify more than two (2) of the requirements of this subsection shall be deemed a request for a use variance.

202.11 Other accessory uses customarily incidental to the uses permitted in R-1 Districts under the provisions of this section, including mechanical amusement machines that are accessory to uses specified in § 210, shall be permitted, subject to the provisions of § 2501.

SOURCE: Final Rulemaking published at 35 DCR 6916 (September 16, 1988); renumbered by

Final Rulemaking published at 40 DCR 6364 (September 3, 1993); and as amended by: Final Rulemaking published at 46 DCR 8284, 8286 (October 15, 1999); and Final Rulemaking published at 47 DCR 9741 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8345, 8347 (October 20, 2000); as amended by Final Rulemaking and Order No. 09-16 published at 57 DCR 2961 (April 2, 2010).