D.C. Mun. Regs. tit. 11, § 601

Uses as a Matter of Right (CR)

Effective Apr 2, 201057 DCR 2961Authority: The Zoning Commission for the District of Columbia, (Commission) pursuant to its authority under § 1 of the Zoning Act of 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 (2008 Repl.)). Source: § 4502.2 of the Zoning Regulations, effective May 12, 1958; as amended by Final Rulemaking published at 27 DCR 2066, 2070 (May 16, 1980); as amended by Final Rulemaking published at 28 DCR 3482, 3501 (August 7, 1981); as amended by Final Rulemaking published at 29 DCR 4913, 4914 (November 5, 1982); as amended by Final Rulemaking published at 30 DCR 3270, 3272 (July 1, 1983); as amended by Final Rulemaking published at 32 DCR 4374, 4375 (July 26, 1985); as amended by Final Rulemaking published at 36 DCR 1509, 1520 (February 24, 1989); as amended by Final Rulemaking published at 40 DCR 726 (January 22, 1993); as amended by Final Rulemaking published at 40 DCR 3744, 3747 (June 11, 1993); as amended by Final Rulemaking published at 46 DCR 8284, 8288 (October 15, 1999); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8380 (October 20, 2000); as amended by Final Rulemaking published at 48 DCR 9830, 9832 (October 26, 2001); as amended by Final Rulemaking published at 49 DCR 1655, (February 22, 2002), incorporating by reference the text of Proposed Rulemaking published at 48 DCR 11159, 11160 (December 7, 2001); as amended by Final Rulemaking published at 50 DCR 10137 (November 28, 2003); as amended by Final Rulemaking published at 50 DCR 10822 (December 19, 2003); as amended by Final Rulemaking published at 51 DCR 4778 (May 7, 2004); as amended by Final Rulemaking published at 52 DCR 7259 (August 5, 2005); as amended by Final Rulemaking published at 52 DCR 9155 (October 14, 2005); as amended by Final Rulemaking published at 53 DCR 9580 (December 1, 2006); as amended by Final Rulemaking published at 53 DCR 10085 (December 22, 2006); as amended by Final Rulemaking published at 54 DCR 1037 (February 2, 2007); as amended by Final Rulemaking published at 54 DCR 8976 (September 14, 2007); as amended by Final Rulemaking published at 54 DCR 10295 (October 26, 2007); as amended by Final Rulemaking published at 55 DCR 34 (January 4, 2008); as amended by Final Rulemaking published at 55 DCR 7308 (July 4, 2008); as amended by Final Rulemaking and Order No. 09-16 published at 57 DCR 2961 (April 2, 2010); as amended by Final Rulemaking published at 59 DCR 4236, 4237 (May 4, 2012); as amended by Final Rulemaking published at 63 DCR 1632 (February 12, 2016).District of Columbia, Office of the Secretary

Viewing an earlier version · effective Apr 2, 2010View current

601 USES AS A MATTER OF RIGHT (CR)

601.1 The following uses shall be permitted as a matter of right in a CR District:

(a) Antenna, subject to the standards and procedures which apply to the particular class of antenna pursuant to chapter 27 of this title;
(b) Artist's studio;
(c) Boat club or marina;
(d) Car-sharing spaces, none of which may be a required parking space for any use on site;
(e) Church or other place of worship;
(f) Community center;
(g) Driver's License Road Test Facility;
(h) Electronic Equipment Facility (EEF) use under either or both of the following circumstances:
(1) The EEF use occupies no more than twenty-five percent (25%) of the above ground constructed gross floor area of the building, provided that no EEF use is located on the ground floor; or
(2) The EEF use is located below ground floor;
(i) Embassy, chancery, or international organization;
(j) Fire Department Administrative Facility;
(k) Fire Department Support Facility;
(l) Fire Station;
(m) Hotel or inn;
(n) Library (other than public library);
(o) Museum;
(p) Office;
(q) One-Family dwelling, flat, or multiple dwelling;
(r) Park or open space;
(s) Private club, restaurant, prepared food shop fast food establishment, or food delivery service; provided, that a fast food establishment or food delivery service shall not include a drive-through;
(t) Private or public theater;

(u) Private school or trade school;

(v) Police Department General Facility, except as provided in § 607;

(w) Police Department Local Facility;

(x) Public library;

(y) Public recreation and community center;

(z) Public School, subject to the provisions of chapter 21 of this title;

(aa) Recreational building or use;

(bb) Retail sales or services not specified in §§ 602, 606, and 608 through 618;

(cc) Rooming or boarding house;

(dd) Swimming pool; and

(ee) Notwithstanding § 602.1, temporary surface parking lot accessory to the Ballpark shall be permitted on Squares 603, 605, 657, 660, 661, 662, 662E, 664, 665, 700, 701, 882; and on Square 658, Lot 7; Square 767, Lots 44-47; Square 768, Lots 19-22; and Square 769, Lot 19 and those portions of Lots 18 and 20 within the CR District; in accordance with § 2110. In the event that the cumulative parking limit established in § 2110.1 (a) is met, additional temporary surface parking spaces accessory to the Ballpark on Squares 603, 605, 657, 658, 660, 661, 662, 662E, 664, 665, 700, 701, 882; and on Square 767, Lots 44-47; Square 768, Lots 19-22; and Square 658, Lot 7; Square 769, Lot 19 and those portions of Lots 18 and 20 within the CR District, shall be permitted as a special exception if approved by the Board of Zoning Adjustment pursuant to § 2110.2.

601.2 In addition to the uses provided in § 601.1, the following uses also shall be permitted as a matter of right in a CR District:

(a) Community-Based Residential Facilities, as limited by the following:

(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

(2) Emergency shelter for not more than four (4) persons, not including resident supervisors or staff and their families;

(b) Youth residential care home, community residence facility, or health care facility for five (7) to fifteen (15) 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 in the same square and no property containing an existing community-based residential facility for seven (7) or more persons within a radius of five hundred feet (500 ft.) from any portion of the subject property; and

601.3 Accessory uses (including parking), accessory buildings, or accessory structures customarily incidental and subordinate to the principal uses permitted in §§ 601.1 and 601.2 shall be permitted as a matter of right in a CR District.

601.4 Subject to the provisions of § 2501, mechanical amusement machines shall be permitted as a matter of right in a CR District as accessory uses to the following uses:

(a) Boat club or marina;

(b) Bowling alley;

(d) Hotel or inn;

(e) Restaurant or private club; and

(f) Retail sales or services not specified in §§ 602, 606, and 608 through 618.

601.5 A child development home shall be permitted as a matter of right as an accessory use in a CR District; provided, the dwelling unit in which the child development home is located is the principal residence of the caregiver and the use shall otherwise meet the definition of a home occupation.

601.6 An elderly day care home shall be permitted as a matter of right as an accessory use in a CR District; provided the dwelling unit in which the elderly day care home is located is the principal residence of the caregiver and the use shall otherwise meet the definition of a home occupation.

601.7 Notwithstanding § 602.1, and not subject to any otherwise applicable proximity requirement, a surface parking lot accessory to the Washington Metropolitan Area Transit Authority garage facility located on Square 700, Lot 857, is permitted as a temporary use on:

(a) Square 661, Lot 805, for a period of five (5) years maximum, beginning from the date of issuance of a certificate of occupancy for such use, with the 5-year period renewable by the Zoning Commission; and

(b) Square 700, Lot 46, for a period of three (3) years maximum, beginning from the date of issuance of a certificate of occupancy for such use, with the 3-year period renewable by the Zoning Commission.

SOURCE: § 4502.2 of the Zoning Regulations, effective May 12, 1958; as amended by: Final Rulemaking published at 27 DCR 2066, 2070 (May 16, 1980); Final Rulemaking published at 28 DCR 3482, 3501 (August 7, 1981); Final Rulemaking published at 29 DCR 4913, 4914 (November 5, 1982); by Final Rulemaking published at 30 DCR 3270, 3272 (July 1, 1983); Final Rulemaking published at 32 DCR 4374, 4375 (July 26, 1985); Final Rulemaking published at 36 DCR 1509, 1520 (February 24, 1989); Final Rulemaking published at 40 DCR 726 (January 22, 1993); Final Rulemaking published at 40 DCR 3744, 3747 (June 11, 1993); Final Rulemaking, 46 DCR 8284, 8288 (October 15, 1999); Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8380 (October 20, 2000); Final Rulemaking published at 48 DCR 9830, 9832 (October 26, 2001); and Final Rulemaking published at 49 DCR 1655, (February 22, 2002), incorporating by reference the text of Proposed Rulemaking published at 48 DCR 11159, 11160 (December 7, 2001); as amended by Final Rulemaking published at 50 DCR 10137 (November 28, 2003); as amended by Final Rulemaking published at 50 DCR

10822 (December 19, 2003) ; as amended by Final Rulemaking published at 51 DCR 4778 (May 7, 2004) ; as amended by Final Rulemaking published at 52 DCR 7259 (August 5, 2005) ; as amended by Final Rulemaking published at 52 DCR 9155 (October 14, 2005) ; as amended by Final Rulemaking published at 53 DCR 9580 (December 1, 2006); as amended by Final Rulemaking published at 53 DCR 10085 (December 22, 2006) ; as amended by Final Rulemaking published at 54 DCR 1037 (February 2, 2007) ; as amended by Final Rulemaking published at 54 DCR 8976 (September 14, 2007) ; as amended by Final Rulemaking published at 54 DCR 10295 (October 26, 2007); as amended by Final Rulemaking published at 55 DCR 34 (January 4, 2008); as amended by Final Rulemaking published at 55 DCR 7308 (July 4, 2008); as amended by Final Rulemaking and Order No. 09-16 published at 57 DCR 2961 (April 2, 2010).