Section 11-202. ACCESSORY USES (R-1)

 

202.1The 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.

 

202.2The 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.

 

202.3For purposes of § 202.2, the term "physician" shall include only a person who practices medicine.

 

202.4[REPEALED].

 

202.5The elderly day care home shall be permitted as an accessory use in an R-1 District incidental to the uses permitted in this chapter provided:

 

(a) The dwelling unit in which the use is located shall be the principal residence of the caregiver;

 

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

 

202.6A maximum of two (2) roomers or boarders, who shall room or board in the main building, shall be permitted.

 

202.7For 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.

 

202.8Except 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.

 

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

 

202.10An 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.

 

202.11Other 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.

 

 

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6 641.01 (2012 Repl.)).

source

Final Rulemaking published at 35 DCR 6916 (September 16, 1988);as amended by Final Rulemaking published at 40 DCR 6364 (September 3, 1993); as amended by Final Rulemaking published at 46 DCR 8284, 8286 (October 15, 1999); as amended by 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); as amended by Final Rulemaking published at 63 DCR 1632 (February 12, 2016).