D.C. Mun. Regs. tit. 11, r. 11-2802

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 11-2802 - USES AS A MATTER OF RIGHT (HE)

2802.1

The following uses shall be permitted as a matter of right in the HE District, provided that no use may be located on a site that has not been designated for that use by the Master Plan:

(a) Adult day treatment facility;

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

(c) Child/Elderly development center;

(d) Church or other place of worship;

(e) Clinic;

(f) Community-based residential facility not described in paragraph (g), subject to the following limitations:

(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;

(2) Youth residential care home or community residence 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 (500) feet from any portion of the subject property; and

(3) Emergency shelter for not more than four (4) persons, not including resident supervisors or staff and their families, except that an emergency shelter for not more than one hundred (100) persons, not including supervisors or staff and their families shall be permitted in Building 27 for a period of five (5) years beginning on August 15, 2014;

(g) Community-based residential facility to be occupied by persons with a handicap plus resident supervisors, as permitted by right in residence and commercial districts pursuant to 11 DCMR §§ 201.1(f) and 330.5(d);

(h) Fire Station;

(i) Government offices and facilities;

(j) Hotel or inn;

(k) Library, public or private;

(l) Museum;

(m) Office;

(n) Park or open space;

(o) Police Department Local Facility;

(p) Private club, restaurant, fast food restaurant, or food delivery service; provided, a fast food restaurant or food delivery service shall not include a drive-through;

(q) Public recreation and community center;

(r) Public school;

(s) Residential dwellings, including row dwellings, flats, and multiple dwellings; and

(t) Retail sales and services involving the sale, lease, or servicing of new or used products to the general public, or which provide personal services or entertainment, or provide product repair or services for consumer and business goods.

D.C. Mun. Regs. tit. 11, r. 11-2802

Final Rulemaking and Order No. 04-05 published at 56 DCR 6181 (August 7, 2009); as amended by Final Rulemaking and Order No. 09-16 published at 57 DCR 2961 (April 2, 2010); as corrected by Errata Notice published at 58 DCR 4314, 4317 (May 20, 2011); as amended by Final Rulemaking published at 61 DCR 8549 (August 15, 2014)

Authority: The Zoning Commission for the District of Columbia (the "Commission"), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 and 6-641.0 ).