252.1 The provisions of this section shall apply to uses within a building owned by the District of Columbia that formerly served as the location of a public school (former school building) in an R zone.

252.2 In the R-1B/SH zones, the non-residential uses in a former school building shall be limited to ten percent (10%) of the gross floor area of the school as a matter of right.

252.3 The following uses shall be permitted as a matter of right within a former school building subject to the following conditions:

(a) Administrative offices of District of Columbia government agencies not part of the criminal justice system, provided:

(1) The use shall not extend outside the building unless accessory and incidental to the principal administrative use; and

(2) Any storage shall be fully enclosed;

(b) Arts uses as follows:

(1) Art center;

(2) Art incubator; or

(3) Art or performing arts school, including, but not limited to, schools of dance, photography, filmmaking, music, writing, painting, sculpting, or printmaking;

(c) Daytime care uses;

(d) Community college uses, subject to the following conditions:

(1) The use shall not occupy more than fifty thousand square feet (50,000 sq. ft.) of building area;

(2) There shall be no external activities after 9:00 p.m.; and

(3) There shall be no use of the college space after 12:00 a.m.;

1. (e) Community service use or uses provided:
2. (1) The application for a certificate of occupancy include evidence demonstrating that the established mission of the use will serve the community, neighborhood, or District of Columbia population;
3. (2) The use shall not be a community-based institutional facility, part of the criminal justice system, or a substance abuse treatment facility; and
4. (3) There is no outdoor storage of materials;
5. (f) Health care uses that meet the definition of a clinic provided the use shall not be a substance abuse treatment facility; and
6. (g) Residential uses subject to the maximum number of dwelling units of the R zone in which the former school building is located.252.4 The following uses shall be permitted as a temporary use as a matter of right within a former school building subject to the following conditions:- (a) Temporary building for the construction industry that is incidental to erection of buildings or other structures permitted by this section for a period no longer than one (1) year; and
7. (b) Temporary use of premises by fairs, circuses, or carnivals, upon compliance with the provisions of Title 19 DCMR, Chapter 13 (Amusements, Parks, and Recreation).252.5 The following uses shall be permitted within a former school building if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9:- (a) A use permitted by Subtitle U § 252.3 that does not meet one (1) or more of the applicable conditions or provisions;
8. (b) A government use or not-for-profit use not otherwise permitted by this section; and
9. (c) In the R-1B/SH zone, any non-residential use in excess of ten percent (10%).252.6 Any expansion of a former school building housing a use permitted by this section shall be permitted as a

special exception within a former school building if approved by the Board of Zoning Adjustment under Subtitle X.

252.7 In addition to any other conditions of approval, the Board of Zoning Adjustment may impose setbacks, screening, lighting requirements, or other safeguards that the Board of Zoning Adjustment deems necessary for the protection of the neighborhood.

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 7259 (July 28, 2017); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023).