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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 10. PLANNING AND DEVELOPMENT |
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SubTilte 10-B. PLANNING AND DEVELOPMENT |
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Chapter 10-B62. NOMA TAX ABATEMENTS FOR NEW RESIDENT DEVELOPMENT PROGRAM |
Section 10-B6299. DEFINITIONS
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B6299.1When used in this chapter, the following terms and phrases shall have the meanings ascribed:
Act - the NoMA Residential Development Tax Abatement Act of 2009, effective July 7, 2009 (D.C. Law 18-10; D.C. Official Code §§ 47-859.01 et seq.).
Certificate of occupancy - the certificate of occupancy which permits the use of all or part of the residential areas of the building.
Certified by the project architect - the architect has affixed his or her stamp to the document.
DCRA - the Department of Consumer and Regulatory Affairs.
DMPED - the Deputy Mayor for Planning and Economic Development or designee.
Eligible Area - those portions of Wards 5 and 6 which comprise the geographic area defined by a line that starts at the center of the street at the intersection of Massachusetts Avenue, N.E., and 1st Street, N.E.; continuing north along the center line of 1st Street, N.E., to the center line of H Street, N.E.; continuing east along the center line of H Street, N.E., to the center line of 2nd Street, N.E.; continuing north along the center line of 2nd Street, N.E., to the center line of K Street, N.E.; continuing east along the center line of K Street, N.E., to the center line of 3rd Street, N.E.; continuing north along the center line of 3rd Street, N.E. (and including Square 0774, Lot 0058), to the center line of M Street, N.E.; continuing east along the center line of M Street, N.E., to 4th Street, N.E.; continuing along the center line of 4th Street, N.E., to the center line of Florida Avenue, N.E.; continuing northwest along the center line of Florida Avenue, N.E., until it crosses the WMATA rail line; continuing northeast along the boundary of the WMATA rail line until it crosses R Street, N.E.; continuing west along the center line of R Street, N.E., to Eckington Place, N.E.; continuing south along the center line of Eckington Place, N.E., to the center line of Q Street, N.E.; continuing west along the center line of Q Street, N.E. (and including Square 3519, lots 0043, 0063, and 0070), to the center line of North Capitol Street (but excluding Square 3516, lots 0104 through 0114 and 0118 through 0133, and 0807); continuing south along the center line of North Capitol Street to the center line of Eye Street N.W.; continuing west along the center line of Eye Street, N.W., to the center line of New Jersey Avenue, N.W.; continuing southeast along the center line of New Jersey Avenue, N.W., to the center line of Massachusetts Avenue, N.W., continuing southeast along Massachusetts Avenue, N.W., to the center line of 1st Street, N.E. (the starting point).
Eligible real property - real property that:
(a)Is in the Eligible Area;
(b)Is classified, in whole or in part, as Class 1 or Class 2 property under D.C. Official Code § 47-813(c-7);
(c)Is improved by new structures or by previously uninhabitable structure(s) which undergo substantial renovation for residential use; and
(d)Has ten (10) or more units devoted to residential use.
Final building permit - the final building permit issued to the owner for the project including mechanical, electrical, plumbing, heating, ventilation, and air conditioning systems, and superstructure; provided, that permits for the installation of electrical, plumbing, and mechanical systems shall be allowed to follow after the final building permit is issued to the owner; provided further, that revision permits shall be allowed to address customary deviations due to construction conditions and other modifications.
First level of concrete has been laid - the foundation to grade permit has been issued, the pouring of concrete for the floor of the lowest level of the structure to be constructed (that is, the cellar, basement, sub-cellar, sub-basement, or similar level) has commenced and the concrete work testing reports have been submitted to DCRA.
Gross floor area - has the meaning set forth in 11 DCMR § 199.1.
OTR - the District of Columbia Office of Tax and Revenue.
Owner - the property owner or person authorized by the owner.
Rehabilitation - the substantial renovation of a structure for housing for sale or rental which is not habitable for dwelling purposes because it is in substantial violation of the Housing Regulations (title 14 of the District of Columbia Municipal Regulations) .
Residential use - has the meaning set forth in 11 DCMR § 1799.1.
Total residential FAR square footage - the total gross floor area of the project that is devoted to residential uses, including common areas and areas devoted to accessory uses to the residential use of the building or a portion thereof, based on the plans and drawings submitted in conjunction with the building permit application. (The terms “gross floor area” and “residential use” shall have the meaning set forth in 11 DCMR §§ 199.1 and 1799.1, respectively.)
Units devoted to residential use - (a) occupied units that were constructed, rehabilitated, or converted for residential use, or (b) unoccupied units that are in the process of being constructed, rehabilitated, converted, marketed, leased, or sold for residential use, in either event pursuant to a building permit for such residential use. The use of an eligible unit for a “home occupation,” as such term is defined in the Zoning Regulations (Title 11 of the District of Columbia Municipal Regulations), shall not make a unit that is otherwise eligible ineligible.