901. USES AS A MATTER OF RIGHT (W)

901 USES AS A MATTER OF RIGHT (W) 901.1 The 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. 901.2 Accessory 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. 901.3 Mechanical 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. 901.4 A 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. 901.5 Within 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. 901.6 A Driver's License Road Test Facility shall be permitted within the W-2 and W-3 Districts. 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).