320.1 The uses in this section shall be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, subject to any applicable conditions for each use below:

1. (a) Any use or structure permitted under Subtitle U § 203 subject to any modification by this chapter.
2. (b) A community service center to accommodate organizations created for the purpose of improving the social or economic well-being of the residents of the neighborhood 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, subject to the following conditions:
3. (1) A community service center shall be located so that it is not likely to become objectionable to neighboring properties because of noise or other objectionable conditions;
4. (2) The use shall be reasonably necessary or convenient to the neighborhood in which it is proposed to be located; and
5. (3) A 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;
6. (c) Community Residential Facilities subject to the following conditions:
7. (1) The use shall house nine (9) to fifteen (15) persons, not including resident supervisors or staff and their families; and
8. (2) There shall be no other lot containing a community residential facility use within a radius of five hundred feet (500 ft.) from any portion of the lot.
9. (d) A corner store use in any of the RF-1 zones not meeting the matter-of-right conditions of Subtitle U § 254, subject to the special exception conditions of Subtitle U § 254.14;
10. (e) Parks and recreation uses not meeting the conditions of Subtitle C, Chapter 16 subject to the following conditions:

1. (1) A building housing such a use may be erected to a height not to exceed forty-five feet (45 ft.); and
2. (2) A public recreation and community center may be permitted a lot occupancy not to exceed forty percent (40%), if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle C § 1610 and provided that the agency shows that the increase is consistent with agency policy of preserving open space; and
3. (f) Any use permitted within a District of Columbia former public school building that does not comply with the matter-of-right conditions of Subtitle U § 252, subject to the special exception conditions of Subtitle X, Chapter 9.
4. (g) Youth Rehabilitation Home, Adult Rehabilitation Home subject to the following conditions:
5. (1) The use shall house one (1) to fifteen (15) persons, not including resident supervisors or staff and their families;
6. (2) There shall be no other lot containing a youth rehabilitation home or adult rehabilitation home within a square; and
7. (3) The Board of Zoning Adjustment may approve more than one youth rehabilitation home or adult rehabilitation home within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations; and
8. (h) Youth Residential Care Home for nine (9) to fifteen (15) persons not including resident supervisor or staff and their families subject to the following conditions:
9. (1) There shall be no other lot containing a youth residential care home within a radius of five hundred feet (500 ft.) from any portion of the lot; and
10. (2) The Board of Zoning Adjustment may approve more than one youth residential care home within five hundred feet (500 ft.) only when the Board finds that the cumulative effect of the facilities will not have an adverse impact on the neighborhood because of traffic, noise, or operations.

320.2

The conversion of an existing residential building existing on the lot prior to May 12, 1958, to an apartment house, or the renovation or expansion of an existing apartment house deemed a conforming use pursuant to Subtitle U § 301.4 that increases the number of units, shall be permitted in any of the RF-1 zones if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following conditions:

(a) The building to be converted or expanded is in existence on the property at the time the Department of Consumer and Regulatory Affairs accepts as complete the building permit application for the conversion or expansion;

(b) The fourth (4th) dwelling unit and every additional even number dwelling unit thereafter shall be subject to the requirements of Subtitle C, Chapter 10, Inclusionary Zoning, including the set aside requirement set forth at Subtitle C § 1003.10; and

(c) There shall be a minimum of nine hundred square feet (900 sq. ft.) of land area per each existing and new dwelling unit.

320.3 The conversion of a non-residential building or other structure to an apartment house and not compliant with Subtitle U § 301.2(b), shall be permitted in any of the RF-1 zones if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following provisions:

(a) Any addition shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, in particular:

(1) The light and air available to neighboring properties shall not be unduly affected;

(2) The privacy of use and enjoyment of neighboring properties shall not be unduly compromised; and

(3) The conversion and any associated additions, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale, and pattern of houses along the subject street or alley;

(b) In demonstrating compliance with Subtitle U § 320.3(a), the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the

conversion and any associated addition to adjacent buildings and views from public ways; and

(c) The Board may require special treatment in the way of design, screening, exterior or interior lighting, building materials, or other features for the protection of adjacent or nearby properties, or to maintain the general character of a block.

320.4 An existing apartment house deemed a conforming use under Subtitle U § 301.3 shall be permitted to renovate or expand so as to increase the number of dwelling units as a special exception if approved by the Board of Zoning Adjustment under Subtitle X, Chapter 9, and subject to the provisions of Subtitle U §§ 320.3(a), (b), and (c).

SOURCE: Final Rulemaking published at 63 DCR 2447, 3338 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10981 (August 26, 2016); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016); as amended by Final Rulemaking published at 64 DCR 4055 (April 28, 2017); as amended by Final Rulemaking published at 64 DCR 8416 (August 25, 2017); as amended by Final Rulemaking published at 65 DCR 11927 (October 26, 2018); as amended by Final Rulemaking published at 67 DCR 13346 (November 13, 2020); as amended by Final Rulemaking published at 68 DCR 7215 (July 23, 2021); as amended by Final Rulemaking published at 69 DCR 012886 (October 21, 2022); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023).