D.C. Mun. Regs. tit. 11, r. 11-K412

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

Rule 11-K412 - USES PERMITTED BY SPECIAL EXCEPTION (HE)

412.1

The following uses shall be permitted if approved by the Board of Zoning Adjustment as a special exception under Subtitle X, Chapter 9, subject to Subtitle K § 413 and any applicable provisions of this section:

(a) Campus plan for a college or university use, including a college or university hospital, dormitory, fraternity, or sorority house, proposed to be located on the campus of a college or university, subject to the following conditions:

(1) The use shall be located only on Squares A, B, C, and/or K;

(2) The use shall comply with the height, floor area ratio and lot occupancy standards of each respective square; and

(3) The use shall meet the requirements of Subtitle X, Chapter 1;

(b) A community-based institutional facility not meeting the matter-of-right conditions of Subtitle K § 410 as follows:

(1) Residential uses for nine (9) to fifteen (15) persons, not including resident supervisors or staff and their families;

(2) Community-based institutional facility for one (1) to fifteen (15) persons, not including resident supervisors or staff and their families; and

(3) Additions to or replacement of the Central Detention Facility and the Correction Treatment Facility, provided:

(A) Any addition or replacement to the facilities shall be located only on Squares N and O; and

(B) The application shall include a detailed plan for the facilities and accessory facilities, showing the location, height, and bulk of all improvements, including but not limited to buildings, parking and loading facilities, screening, signs, and utility facilities;

(c) Community service center to accommodate organizations created for the purpose of improving the social or economic well-being of the residents of the area in which the center is proposed to be located, which may include, but not be limited to, centers for job training, family counseling, consumer cooperatives, and such other facilities as are similar in nature and purpose, provided that the community service center shall not be organized for profit, and no part of its net income shall inure to the benefit of any private shareholder or individual;

(d) Community solar facility not meeting the requirements of Subtitle K§ 410.3(d), subject to the following:

(1) Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that:

(A) Maintains as many existing native trees as possible;

(B) Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture;

(C) Ensures all trees measure a minimum of six feet (6 ft.) in height at the time of planting; and

(2) The Application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report; and

(e) Emergency shelter uses for five (5) to fifteen (15) persons, not including resident supervisors or staff and their families;

(f) Fast food establishment or food delivery business subject to the following conditions:

(1) The use shall not include a drive-through;

(2) The use shall be designed and operated so as not to become objectionable to neighboring properties because of noise, sounds, odors, lights, hours of operation, or other conditions;

(3) There shall be adequate facilities to allow deliveries to be made and trash to be collected without obstructing public rights-of-way or unreasonably obstructing parking spaces, aisles, or driveways on the site; and

(4) The Zoning Commission may impose conditions pertaining to design, screening, lighting, soundproofing, off-street parking spaces, signs, method and hours of trash collection, or any other matter necessary to protect adjacent or nearby property;

(g) Health care uses:

(1) A hospital use may be located only on Square B and/or C subject to the design conditions of this chapter and provided that:

(A) Need of the facility is demonstrated through a certificate of need, including a review and report by the Department of Human Services on the need for the facility and on the ability of the specific design of the facility to meet that need; and

(B) There is a detailed plan for the facility and accessory buildings, showing the location, height, and bulk of all improvements, including but not limited to buildings, parking and loading facilities, screening, signs, capacities of the various facilities, and public utility facilities; and

(2) A skilled care facility or intermediate nursing care facility under the Health Care Facilities and Community Residence Regulations;

(h) Parking uses, subject to the following conditions:

(1) Parking in above grade structures, provided:

(A) Structures shall not directly front onto a primary or secondary street,

(B) Preferred uses, as defined in Subtitle K § 411, shall occupy the ground floor to a minimum depth of thirty (30) feet to separate parking areas from the primary or secondary street; and

(C) Upper floors shall be separated from a primary or secondary street by commercial or residential uses; and

(2) New or expanded at-grade surface parking lots accessory to an existing use or building for a period of five (5) years which may be renewed a maximum of two (2) times; and

(i) Private school, including residences for teachers and/or staff, subject to the following conditions:

(1) The use shall be located only on Squares A, B, C, and/or K;

(2) The use shall comply with the height, floor area ratio and lot occupancy standards of each respective square; and

(3) The use shall meet the requirements of Subtitle X, Chapter 1;

(j) Utility (basic) uses and supporting infrastructure facilities, such as an electrical substation, natural gas regulator station, pump station, telecommunications facility, or any co-generation facility. Additional setbacks and screening requirements may be required as the Board of Zoning Adjustment deems necessary for protection of the surrounding neighborhood; and

(k) Other principal uses that are not permitted by Subtitle K § 410, but not prohibited by Subtitle K § 415 shall be permitted in the HE zones as a special exception subject to the following conditions in addition to the general special exception criteria of Subtitle X and Subtitle K § 416; provided the Zoning Commissionconsiders that the use is appropriate in furthering the purposes of the HE zones.

D.C. Mun. Regs. tit. 11, r. 11-K412

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 66 DCR 12144 (9/13/2019)