Section 11-K410. USE PERMISSIONS (HE)  


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    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) Community-based institutional facility 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 community-based institutional 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

     

    (3)A community based residence facility not meeting these criteria may be approved by special exception in accordance with Subtitle K § 412.1;

     

    (d) Daytime care;

     

    (e) 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;

     

    (f) 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;

    (g) Entertainment, assembly, and performing arts;

     

    (h) Government, local;

     

    (i) Lodging;

     

    (j) Office;

     

    (k) Parks and recreation;

     

    (l) Residential;

     

    (m) Retail; and

     

    (n) Service, general and financial.

     

     

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)).

source

Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016).