403.1 The maximum permitted building height and number of stories, not including the penthouse or rooftop structure, in HE shall be given in the following table:

TABLE K § 403.1: MAXIMUM PERMITTED HEIGHT AND STORIES

HE Sub-District	Building Height		No. of Stories
	Minimum	Maximum
HE-1 (19th St.)	26 ft.	50 ft.	4
HE-2 (20th St.)	40 ft.	80 ft.	7
HE-3 (Water St.)	80 ft.	110 ft.	10
HE-4 (Corrections)	-	90 ft.	8
Square E (Park)	-	26 ft.	-

403.2 Building height shall be measured from the lowest curb level along a street frontage abutting the lot.

403.3 A hospital located in the HE-2 zone may exceed eighty feet (80 ft.) in height, to a maximum of one hundred ten feet (110 ft.), if approved as a special exception by the Zoning Commission pursuant to Subtitle K § 416.

403.4 Penthouses and rooftop structures shall be subject to the regulations of Subtitle C, Chapter 15, and the height and story limitations specified in Subtitle K § 403.5.

403.5 The maximum permitted height of a penthouse or rooftop structure, except as limited in Subtitle C § 1501 on the roof of a detached dwelling, semi-detached dwelling, rowhouse, or flat shall be as set forth in the following table:

TABLE K § 403.5: MAXIMUM PERMITTED PENTHOUSE OR ROOFTOP STRUCTURE HEIGHT AND STORIES

Zone	Maximum Height (ft.)	Maximum Stories
HE-1	12 ft. except 15 ft. for penthouse mechanical space	1; second story permitted for penthouse mechanical space
HE-2	20 ft.	1; second story permitted for penthouse mechanical space
HE-3, HE-4	20 ft.	1 plus mezzanine; second story

		permitted for penthouse mechanical space

403.6 The matter-of-right height shall serve as the maximum permitted height, penthouse and rooftop structure height, and floor area ratio for a PUD.

SOURCE: Final Rulemaking published at 63 DCR 2447, 3176 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 68 DCR 013834 (December 24, 2021).