D.C. Mun. Regs. tit. 11, r. 11-K410

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 11-K410 - USE PERMISSIONS (HE)

410.1

This chapter contains use permissions and any applicable conditions in the HE zones.

410.2

Antenna uses are permitted as a matter of right, subject to the standards and procedures that apply to the particular class of antenna pursuant to Subtitle C, Chapter 13.

410.3

The following uses are permitted in the HE zones:

(a) Agriculture, residential;

(b) Arts, design and creation;

(c) Youth Rehabilitation Home, Adult Rehabilitation Home uses are permitted subject to the following provisions:

(1) The uses shall not house more than six (6) persons, not including resident supervisors or staff and their families;

(2) A use which houses seven (7) to fifteen (15) persons, not including resident supervisors or staff and their families, is permitted, provided that there shall be no property containing an existing youth rehabilitation home or adult rehabilitation home 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

(3) A community-b a s e d residence facility not meeting these criteria may be approved by special exception in accordance with Subtitle K § 412.1;

(d) Community solar facility, subject to the following conditions:

(1) Roof- mounted solar array of any size; or

(2) Ground- mounted solar array, subject to the following requirements:

(A) Measures no greater than twenty feet (20 ft.) in height;

(B) Has an aggregate panel face area of one-and-one half (1.5) acres or less;

(C) Meets the yard and height development standards of the zone; and

(D) Where the panels are sited no less than forty feet (40 ft.), including any intervening street or alley, from an adjacent property in the R, RF, or RA-1 zone.

(e) Daytime care;

(f) Eating and drinking establishments subject to the following conditions:

(1) A drive-through, fast food restaurant or food delivery service shall not be permitted; and

(2) Carry-out services shall be limited to those that are customarily accessory to the eating or drinking establishment;

(g) Emergency shelter uses are permitted by-right provided that the use may not house more than four (4) persons, not including resident supervisors or staff and their families;

(h) Entertainment, assembly, and performing arts;

(i) Government, local;

(j) Lodging;

(k) Office;

(l) Parks and recreation;

(m) Residential;

(n) Retail; and

(n) Service, general and financial.

D.C. Mun. Regs. tit. 11, r. 11-K410

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 63 DCR 10932 (9/6/2016); amended by Final Rulemaking published at 66 DCR 12144 (9/13/2019); amended by Final Rulemaking published at 69 DCR 12886 (10/21/2022)