D.C. Mun. Regs. r. 11-601

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 11-601 - MATTER OF RIGHT USES (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) Group Instruction Center or Studio;

(n) Hotel or inn;

(o) Library (other than public library);

(p) Museum;

(q) Office;

(r) One-Family dwelling, flat, or multiple dwelling;

(s) Park or open space;

(t) 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;

(u) Private or public theater;

(v) Private school or trade school;

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

(x) Police Department Local Facility;

(y) Public library;

(z) Public recreation and community center;

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

(bb) Recreational building or use;

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

(dd) Rooming or boarding house;

(ee) Swimming pool; and

(ff) 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

(c) Child/Elderly development center or adult day treatment facility.

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;

(c) College or university;

(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 or an expanded 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 or an expanded 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.

D.C. Mun. Regs. r. 11-601

§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); as amended by Notice of Final Rulemaking published at 59 DCR 4236, 4237 (May 4, 2012); amended by Final Rulemaking published at 63 DCR 1632 (2/12/2016)

Authority: 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.)).