Section 11-901. USES AS A MATTER OF RIGHT (W)

 

901.1The following uses shall be permitted in the W-1, W-2, and W-3 Districts as a matter of right:

 

(a)Artist's studio;

 

(b)Antenna, subject to the standards and procedure that apply to the particular class of antenna pursuant to chapter 27 of this title;

 

(c)Boat club or marina;

 

(d)Child/Elderly development center or adult day treatment facility;

 

(e)Church or other place of worship;

 

(f)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;

 

(g)Community center;

 

(h)Embassy, chancery, or international organization;

 

(i)Hotel or inn;

 

(j)Fire Department Administrative Facility;

 

(k)Fire Department Support Facility;

 

(l)Fire Station;

 

(m) Group Instruction Center or Studio;

 

(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, fast food establishment, prepared food shop, 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)Police Department General Facility, except as provided in § 917;

 

(v)Police Department Local Facility;

 

(w)Public library;

 

(x)Public recreation and community center;

 

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

 

(z)Recreational building or use;

 

(aa)Retail sales or services not specified in §§ 902 and 906 through 915;

 

(bb)Rooming or boarding house;

 

(cc)Swimming pool;

 

(dd)Youth residential care home, community residence facility, or health care facility for seven (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 either in the same square or within a radius of five hundred feet (500 ft.) from any portion of the subject property; and

 

(ee)Notwithstanding § 352.3, temporary surface parking lot accessory to the Ballpark shall be permitted on Squares 664E, 707, 708, 708E, 708S, or 744S, 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 664E, 707, 708, 708E, 708S, or 744S shall be permitted as a special exception in a W-2 District if approved by the Board of Zoning Adjustment pursuant to § 2110.2.

901.2Accessory use (including parking), building, or structure customarily incidental and subordinate to the principal uses permitted in § 901.1 shall be permitted in the W-1, W-2, and W-3 Districts as a matter of right, except that a firearms retail sales establishment shall not be permitted as a principal or an accessory use.

 

901.3Mechanical amusement machines shall be permitted in the W-1, W-2, and W-3 Districts as a matter of right, as accessory to the following uses:

 

(a)Boat club or marina;

 

(b)Fire Department Administrative Facility; 

 

(c)Fire Station;

 

(d)Hotel or inn;

 

(e)Private school, trade school, college, or university; but only to a college or university subject to § 2501;

 

(f)Restaurant or private club; and

 

(g)Retail sales or services not specified in §§ 902, 906 through 911, and 913 through 915.

 

901.4A child development home and an elderly day care home shall be permitted in the W-1, W-2, and W-3 Districts as a matter of right, as an accessory use; provided, that the dwelling unit in which the use is located shall be the principal residence of the caregiver and that the use shall otherwise meet the definition of a home occupation.

 

901.5Within the W-0 District, the following uses shall be permitted as a matter of right:

 

(a)Boat construction on an occasional basis by a local community organization;

 

(b)Community garden operated by a local community organization or District government agency;

 

(c)Publicly accessible park or open space, playground, or athletic field, including pedestrian and bicycle trails, necessary support facilities, and fitness circuits;

 

(d)Public nature education or interpretive center including a boat dock; and

 

(e)Seasonal or occasional market for produce, arts, and crafts, with non-permanent structures.

 

901.6A Driver's License Road Test Facility shall be permitted within the W-2 and W-3 Districts.

 

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.)).

source

§ 4402.2 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, 3499 (August 7, 1981); Final Rulemaking published at 29 DCR 4913, 4914 (November 5, 1982); 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 published at 46 DCR 8284, 8288 (October 15, 1999); Final Rulemaking published at 47 DCR 9725, 9734-35 (December 8, 2000); Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8429-30 (October 20, 2000); Final Rulemaking published at 49 DCR 2742, 2747 (March 22, 2002); 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 3440 (April 2, 2004); as amended by Final Rulemaking published at 51 DCR 4778 (May 7, 2004); as amended by Final Rulemaking published at 52 DCR 6358 (July 8, 2005); 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 8981 (September 14, 2007); as amended by Final Rulemaking published at 54 DCR 9393 (September 28, 2007); as amended by Final Rulemaking published at 55 DCR 34 (January 4, 2008); as amended by Final Rulemaking published at 55 DCR 2623 (March 14, 2008); as amended by Final Rulemaking published at 55 DCR 7308 (July 4, 2008); as amended by Final Rulemaking and Order No. 08-20 published at 56 DCR 2181 (March 13, 2009); as amended by Notice of Final Rulemaking published at 59 DCR 4236, 4238 (May 4, 2012).