3513 CONDITIONAL USES (WR)

3513.1 The following conditions shall apply to the By Right with Conditions (C) uses in § 3512.

3513.2 Antennas shall be permitted subject to the standards and procedures that apply to the particular class of antenna in Chapter 27 of this title, which shall be applied to the WR zone as follows:

1. (a) The WR-1, WR-7, and WR-8 zones shall be considered Residential/R zones; and
2. (b) The WR-2, WR-3, WR-4, WR-5, and WR-6 zones shall be considered as C-2-A zones.

3513.3 An Arts Design and Creation use shall be permitted if it is clearly incidental to and accessory to the primary residential use, and subject to the following:

1. (a) The practitioner of the Arts Design and Creation use must reside on the premises;
2. (b) All operations and storage of materials shall occur inside the building;
3. (c) Incidental sales of art work or other craft produced on site shall be permitted within the dwelling; and
4. (d) The practitioner may teach the art to one (1) or more apprentices.

3513.4 An Emergency Shelter for one (1) to four (4) persons shall be a matter-of-right use. An Emergency Shelter for more than four (4) persons may be permitted as a Special Exception pursuant to § 3514.6.

3513.5 In the WR-1 zone, Daytime Care uses shall be permitted by right subject to the following conditions:

1. (a) The dwelling unit in which the use is located shall be the principal residence of the caregiver; and
2. (b) The use otherwise shall meet the definition of a home occupation.

3513.6 Daytime Care uses shall be permitted by right subject to the following conditions in the WR-2, WR-3, WR-4, WR-5, WR-7, and WR-8 zones:

1. (a) A Daytime Care use is permitted by right for no more than twenty-five (25) persons not including resident supervisors or staff and their families;
2. (b) Any outdoor play area shall be located on the same lot as the Daytime Care use; and
3. (c) Daytime Care uses not meeting the above conditions may be permitted by special

exception subject to § 3514.4 and the special exception criteria of § 3104.

3513.7 All Eating and Drinking Establishment uses shall be permitted by right except that:

(a) A drive-through shall not be permitted; and

(b) Fast Food Establishments and a Fast Food Establishment that meets the definition of a Food Delivery Services may be permitted by special exception pursuant to § 3514.5 and if approved by the Board of Zoning Adjustment as a special exception under § 3104.

3513.8 Education (Public, Private, College/University) uses shall be permitted in the WR-7 zone only on Land Bay J.3.

3513.9 Parking shall be permitted by right provided that all off-street parking is provided in compliance with the provisions of § 3530;

3513.10 A sale in the nature of a yard sale, garage sale, or home sales party may be held at a dwelling unit at most four (4) times during a twelve (12) month period.

3513.11 Service, General uses shall be permitted by right provided that a laundry or dry cleaning facility shall not exceed two thousand fine hundred square feet (2,500 sq. ft.) of gross floor area.

SOURCE: Final Rulemaking published at 62 DCR 12168 (September 4, 2015).