Section 11-1602. COMBINED LOT DEVELOPMENT (CG)

 

1602.1Two (2) or more lots within the Overlay District may be combined for the purpose of allocating residential and nonresidential uses regardless of the normal limitation on floor area by uses on each lot; provided, that the aggregate residential and nonresidential floor area shall not exceed the matter-of-right maximum height or density of the underlying zone district(s), except when bonus density is being constructed, subject to the following:

 

(a)Within the CG/CR District, the residential and nonresidential floor area on each individual parcel shall not exceed a maximum floor area ratio of 8.0 on parcels for which a height of 110 feet is permitted or 8.5 on parcels for which a height of 130 feet is permitted by the Act to Regulate the Height of Buildings in the District of Columbia, approved June 1, 1910 (36 Stat. 452; D.C. Official Code §§ 6-601.01 to 6-601.09) as amended (the "Height Act"), including any bonus density;

 

(b)Within the CG/CR District, the amount of commercial density transferred from one parcel to another may not exceed the lesser of a density of 3.0 FAR or the amount of residential density being transferred;

 

(c)Maximum permitted height shall be that permitted for any site receiving combined lot density within the CG/CR District, but only to the extent necessary to accommodate any additional density received from another parcel;

 

(d)The combined lot provisions may not be used to transfer density to or from any property within the CG/R-5-E, CG/C-2-C, CG/C-3-C, CG/W-1, CG/W-2, or CG/W-3 Districts; and

 

(e)In addition to the amount of density that may be transferred in accordance with § 1602.1(a), the Zoning Commission may, at its discretion, grant an additional transfer of density of 1.0 FAR maximum to or within Squares 700, 701, and 702, subject to the applicant addressing to the satisfaction of the Zoning Commission the objectives and guidelines of §§ 1601 and 1604-1607, as applicable.

 

1602.2No allocation of gross floor area shall be effective unless an instrument, legally sufficient to effect such a transfer, is filed with the Zoning Administrator and recorded by the Recorder of Deeds in the land records against all lots included in the combined lot development.

 

1602.3The instrument shall be in the form of a declaration of covenants that:

 

(a)Is signed by the owners of all affected lots;

 

(b)Runs with the land in perpetuity;

 

(c)Burdens all lots involved in the allocation of gross floor area;

 

(d)Binds the present and future owners of the lot sending nonresidential gross floor area to forgo the nonresidential development and occupation of an on-site area equal to the amount of gross floor area of nonresidential uses transferred; and

 

(e)States the maximum permitted gross floor areas for all uses in all lots, the maximum allowed gross floor area for nonresidential uses in all lots, and the gross floor area of nonresidential uses allocated. The covenant shall further state that, after the transfer, the combined lots conform with the maximum gross floor area limitations for nonresidential uses on the lots before the transfer.

 

1602.4The declaration of covenants shall expressly state that it may be substantively amended or terminated only with the approval of the Zoning Commission, after public hearing, and only upon a finding that the proposed amendment or termination is fully justified and consistent with the purposes of this chapter.

 

1602.5The declaration of covenants shall be approved in content by the Zoning Administrator and certified for legal sufficiency by the Office of the Attorney General. The declaration shall also contain a written statement by the Director of the D.C. Office of Planning attesting to:

 

(a)The lots' eligibility to allocate residential and nonresidential uses;

 

(b)The accuracy of the computations with respect to the amount of residential and nonresidential uses allocated; and

 

(c)Whether, after the transfer, the combined lots will conform with the maximum gross floor area limitations on nonresidential uses for the lots before any such transfer.

 

authority

The Zoning Commission for the District of Columbia (the “Commission”), pursuant to its authority under §§ 1, 3, and 8 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 798, and 799; D.C. Official Code §§ 6-641.01, 6-641.03, and 6-641.07).

source

Final Rulemaking published at 52 DCR 72 (January 7, 2005); as amended by Final Rulemaking published at 54 DCR 1584 (February 16, 2007); as amended by Final Rulemaking published at 54 DCR 10292 (October 26, 2007); as corrected by Errata Notice published at 58 DCR 4314, 4315 (May 20, 2011).