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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 11. ZONING REGULATIONS OF 1958 |
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Chapter 11-17. DOWNTOWN DEVELOPMENT OVERLAY DISTRICT |
Section 11-1706. RESIDENTIAL AND MIXED USE DEVELOPMENT (DD)
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1706.1The policies and objectives for residential use and development in and near Downtown as specified in the Comprehensive Plan are to:
(a)Encourage construction of new housing and retention of existing housing so that a sizeable residential component is created that will help accomplish the balanced mixture of uses essential to a "Living Downtown";
(b)Create the greatest concentration of housing in the Mount Vernon Square area;
(c)Encourage residential and mixed-use development along Massachusetts Avenue;
(d)Promote mixed use development including residential use south of Massachusetts Avenue, extending to the south through Judiciary Square north, Chinatown, and Gallery Place; and
(e)Support the significant residential development in the Pennsylvania Quarter subarea in the 7th Street and Pennsylvania Avenue area.
1706.2The housing requirements and incentives of this section shall be applicable only in the Housing Priority Area that is depicted in Map B included as information supplemental to the Office of Planning memorandum dated June 3, 2008 filed in Zoning Commission Case No. 08-23, which may be viewed in the Office of Zoning, and that is described by squares in § 1706.8, provided that the transferable development rights provisions of § 1706.3 shall be applicable throughout the DD Overlay District. Map B is incorporated by reference.
1706.3Each lot in the Housing Priority Area shall provide on-site or account for off-site by combined lot development residential use and development as required in this section; provided further, that a building or a combined lot development that provides new residential uses on-site shall generate bonus density or transferable development rights as follows:
(a)Residential development north of Massachusetts Avenue shall generate one (1) square foot of bonus density or transferable development rights for each square foot of residential use developed;
(b)Residential development south of Massachusetts Avenue shall generate two (2) square feet of bonus density or transferable development rights for each square foot of residential use developed;
(c)Residential development that qualifies as affordable dwelling units as defined in § 1799.1 shall generate two (2) square feet of bonus density or transferable development rights for each square foot of affordable housing developed; and
(d)The bonus density provided by § 1706.7 shall not be used to generate transferable development rights.
1706.4In the DD/C-2-C Overlay District, the following residential and mixed-use provisions apply:
(a)The maximum FAR shall be 8.0 as a matter of right, which FAR may be devoted to all residential use or include commercial or residential uses as provided in this subsection;
(b)Each lot shall provide on-site or account for off-site in a combined lot development no less than 4.5 FAR of residential use;
(c)On a lot that is south of Massachusetts Avenue, up to 1.8 FAR of this residential requirement may be met by constructing or financially assisting affordable housing as defined in this chapter and as governed further by this section;
(d)On a lot that is north of Massachusetts Avenue, up to 1.35 FAR of this residential requirement may be met by constructing or financially assisting affordable housing as defined in this chapter and as governed further by this section; and
(e)If such affordable housing is provided off-site, commercial or residential FAR may be substituted on-site or in a combined lot development by the same amount of gross floor area as the affordable housing up to the maximum limit of 1.8 FAR south of Massachusetts Avenue or 1.35 FAR north of Massachusetts Avenue.
1706.5In the DD/C-3-C Overlay District, the following residential and mixed-use provisions apply:
(a)The maximum FAR shall be 9.5 as a matter of right, which FAR may be devoted to all residential use or may include commercial or residential uses as provided in this subsection;
(b)Each lot shall provide on-site or account for off-site in a combined lot development no less than 3.5 FAR of residential use;
(c)On a lot that is south of Massachusetts Avenue, up to 1.4 FAR of the residential requirement may be met by constructing or financially assisting affordable housing as defined in this chapter and as governed further by this section;
(d)On a lot that is north of Massachusetts Avenue, up to 1.05 FAR of the residential requirement may be met by constructing or financially assisting affordable housing as defined in this chapter and as governed further by this section; and
(e)If affordable housing is provided off-site pursuant to paragraph (c) or (d) of this subsection, commercial or residential FAR may be substituted on-site, or in a combined lot development, by the same amount of gross floor area as the affordable housing, up to the maximum limit of 1.4 FAR south of Massachusetts Avenue or 1.05 FAR north of Massachusetts Avenue.
1706.6In the DD/C-4 Overlay District, the following residential and mixed-use provisions apply:
(a)The maximum FAR shall be 10.0 as a matter of right, which FAR may be devoted to all residential use or may include commercial or residential uses as provided in this subsection;
(b)Each building shall provide on-site or account for off-site in a combined lot development no less than 2.0 FAR of residential use;
(c)Up to 0.8 FAR of this residential requirement may be met by constructing or financially assisting affordable housing as defined in this chapter and as governed further by this section; and
(d)If such affordable housing is provided off-site, commercial or residential FAR may be substituted on-site or in a combined lot development by the same amount of gross floor area as the affordable housing up to the maximum limit of 0.8 FAR.
1706.7To assist the development of residential and preferred uses, the following density bonuses may be used:
(a)The maximum gross floor area permitted under §§ 1706.4, 1706.5, and 1706.6 may be increased by 0.5 FAR up to a maximum of 8.5 FAR in the DD/C-2-C Overlay District, 10.0 FAR in the DD/C-3-C Overlay District, and 10.5 FAR in the DD/C-4 Overlay District; provided the increase in gross floor area is achieved by:
(1)Receiving transferable development rights as provided in § 1709, which gross floor area may be devoted to any permitted use on the receiving lot;
(2)Constructing or assisting affordable housing as defined in this chapter and as further governed by this section; or
(3)Generating retail bonus density as provided in § 1706.16.
(b)Except for historic landmarks and properties listed in § 1707.4 in the Downtown Historic District, the maximum FAR limitations in §§ 1706.4, 1706.5, and 1706.6 shall not apply to any lot that devotes the increase in gross floor area entirely to residential use on-site; provided:
(1)The increase in gross floor area shall not be used to meet the minimum residential requirements of §§ 1706.4, 1706.5, or 1706.6;
(2)The maximum residential FAR that may be accepted through combined lot development is listed in the following table:
ZONE DISTRICT OF
THE LOT RECEIVING HOUSING
MAXIMUM ALLOWABLE
COMBINED LOT
TRANSFER
(FAR)
DD/C-2-C
3.5
DD/C-3-C
6.0
DD/C-4
8.0
(3)The relief from maximum FAR limitations provided by this paragraph does not alter or modify the obligation to comply with all applicable Zoning Regulations affecting the lot, nor does it alter or modify an applicant's burden of proof when seeking zoning relief.
1706.8For the purposes of permitting and governing combined lot developments as provided by § 1708, the Housing Priority Area is divided into three (3) subareas as follows:
(a)Housing Priority Area A, the Mount Vernon Square North area, is located north of Massachusetts Avenue and comprises the DD/C-2-C and DD/C-3-C zoned squares and parts of squares numbered 369, 370, 401, 402, 425, 426, 450, 451, 483, 484, W484, 514, 515, N515, 516, S516, 525, 526, 527, 528, 556, and 558;
(b)Housing Priority Area B, the Mount Vernon Square South area, comprises the DD/C-2-C and DD/C-3-C zoned properties that are located south of Massachusetts Avenue, including squares and parts of squares numbered 247, 283, 284, 316, 317, 342, 343, 371, 372, 374, 427, 428, 452, 453, 485, 486, 517, and 529, National Park Service Reservation 174, and the commercial and underdeveloped properties in square 247 with an approved plan unit development on or before January 18, 1991, for so long as the planned unit development approval remains valid; and
(c)Housing Priority Area C, the Downtown Core area, comprises the following DD/C-4 zoned properties located south of H Street: Squares and parts of squares numbered 377 (Lots 36, 37, 42, 806, 828, 829, 847, and 848),406,407, 408, 431, 432, 454, 455, 456, 457, 458, 459, 460, and 491.
1706.9Combined lot development as authorized by § 1708 may be used by two (2) or more properties within any one of the three (3) identified Housing Priority Areas, but not by properties in different Housing Priority Areas.
1706.10A residential building in existence as of January 18, 1991, shall be eligible to count its gross floor area towards the residential use requirements of this section; provided:
(a)The building shall be continued in residential use or, if vacant, brought up to building code and covenanted to continue in residential use for twenty (20) years or longer;
(b)If the residential gross floor area of the building is less than the residential use requirement of the lot, there shall be no additional residential requirement for that lot; and
(c)If the residential gross floor area of the building exceeds the required amount of residential use for the lot, the excess gross floor area may be used in a combined lot, development to help meet the residential requirement of another lot or lots.
1706.11No minimum residential use requirement shall apply in to the following:
(a)Square 485;
(b)Any lot or lots in Square 455 or the southern part of Square 454 improved with a sports arena; and
(c)Any portion of Square 370 improved with a convention center headquarters hotel.
1706.12Bonus density derived from arts uses in the Downtown Arts District pursuant to § 1704.6 and bonus density derived from the bonus provisions of § 1705.5 pertaining to the Chinatown subarea may be used to substitute office space for up to 0.5 FAR of residential use as required by this section.
1706.13If a development project includes both nonresidential uses and required residential uses, whether on the same lot or in a combined lot development, no certificate of occupancy shall be issued for the nonresidential space until either:
(a)A certificate of occupancy has been issued for the residential space; or
(b)An escrow account has been established and funded in a combined lot development pursuant to § 1708.2.
This provision shall not apply to nonresidential gross floor area resulting from a combined lot development that allocated an equivalent amount of the property's required residential uses to one or more lots then owned by the District government.
1706.14In the Housing Priority Area, the maximum height of building shall be as provided in §§ 1701.7 and 1706.15.
1706.15A building constructed on a lot fronting on M Street shall be limited to a maximum height of sixty feet (60 ft.) to a depth of forty feet (40 ft.) from the lot line on M Street.
1706.16In Housing Priority Area A, for each square foot of gross floor area devoted to one of the preferred uses listed in this subsection, the project shall earn one square foot (1 ft.2) of bonus gross floor area:
(a)Child development center;
(b)Drug store;
(c)Dry cleaner or laundry;
(d)Grocery store;
(e)Hardware store; and
(f)Variety store.
1706.17In Housing Priority Areas B and C, each square foot of grocery store use shall earn two square feet (2 ft.2) of bonus floor area.
1706.18Renovation of a nonresidential building in existence as of January 18, 1991, and having a height of six (6) floors or less at and above grade shall not trigger a housing requirement as provided in this section.
1706.19A hotel or inn established pursuant to special exception approval in an SP District shall be deemed a conforming use in a DD/R-5 Overlay District. The hotel or inn shall continue to be governed by the conditions of the Board of Zoning Adjustment Order granting the use. Enlargement or other changes shall be governed by the variance provisions of § 3103.2.
1706.20The residential requirements shall not apply to any lot restricted to a maximum development of 6.0 FAR pursuant to § 1707.4.
1706.21A reduced residential requirement shall apply to property that was formerly in a highway right-of-way; provided:
(a)The housing that is built shall include affordable dwelling units as defined in this chapter;
(b)The gross floor area of the affordable dwelling units shall constitute not less than sixty percent (60%) of the total FAR of the project;
(c)The remainder of the project shall consist substantially of other residentially related development, such as child development, senior or elder care, community center, and other neighborhood-serving social services that are offered by a nonprofit, religious, or charitable organization, but may also include Commercial District ground floor commercial uses; and
(d)Where an improved right-of-way divides a project, the entire project shall be considered as if on one lot for the purposes of determining compliance with this section.
1706.22The Department of Employment Services (DOES) building site in Square 491 shall not be eligible to send any of the required minimum 2.0 FAR of residential use off-site though the combined lot development provisions of § 1708 or the affordable housing provisions of § 1706.23.
1706.23If the affordable housing referenced in §§ 1706.4 through 1706.6 is provided by direct construction, the following conditions shall apply:
(a)The owner or developer of the development site in the DD Overlay District that generates the affordable housing component may construct the affordable dwelling units or may joint venture with either a nonprofit housing sponsor or a for-profit builder-developer;
(b)Construction of the affordable dwelling units may be either construction of a new building or buildings or rehabilitation of an existing building or buildings;
(c)The total project cost, including acquisition, rehabilitation, and long-term subsidy, shall be not less than the amount that the project would be obligated to contribute if the financial contribution option specified in §§ 1706.25 through 1706.28 had been pursued;
(d)If construction or rehabilitation of the required square footage of affordable housing does not reach the required financial threshold specified in paragraph (c), the remaining housing requirement may be met by financial contribution to a housing trust fund or by construction or rehabilitation of additional units of housing;
(e)If the affordable dwelling units are provided by rehabilitation, the building(s) shall have been previously in nonresidential use, or if previously in residential use, shall either have been vacant for not less than three (3) years prior to rehabilitation or, if occupied, shall be a tenant-sponsored purchase of the building;
(f)The Director of the Department of Housing and Community Development or the administrator of the D.C. Housing Production Trust Fund shall certify to the Zoning Administrator that:
(1)Suitable legal and financial arrangements have been made to assure that the housing qualifies and will be continued as affordable dwelling units for not less than twenty (20) years;
(2)The expenditure of funds per dwelling unit and the use of the funds in combination with other financial leverage is an effective means of assisting in the production of affordable housing; and
(3)All conditions of §§ 1706.23 through 1706.28 have been met; and
(g)No certificate of occupancy shall be issued for the nonresidential development within the DD Overlay District until a certificate of occupancy has been issued for the affordable dwelling units, unless the affordable dwelling units are being constructed on property owned by the District of Columbia.
1706.24If the affordable dwelling units are supplied by a contribution to a trust fund, the conditions specified in §§ 1706.25 through 1706.27 shall apply.
1706.25The amount of the financial contribution shall be determined by the formula: C = GFA (AV/LA)/FAR x 90%, where:
(a)C = The contribution;
(b)GFA = The amount of additional commercial space that is built on-site, measured in square feet;
(c)AV = The assessed value of the land and improvements on the July 1st preceding the date on which the application for a building permit is filed;
(d)LA = The number of square feet of land included in the property;
(e)FAR = The commercial FAR used by the tax assessor to determine the assessed value; and
(f)90% = The proportion of assessed commercial value that has been determined to be appropriate for this contribution.
1706.26The contribution shall be made to the D.C. Housing Production Trust Fund or to both the D.C. Housing Production Trust Fund and a nonprofit housing trust fund as defined in this title; provided, that not more than fifty percent (50%) of any contribution shall go to a nonprofit housing trust fund.
1706.27The payment of the housing contribution shall occur before the issuance of a building permit for the development in the DD Overlay District that generates the housing contribution.
1706.28Beginning July 1, 1992, and on or before that date on each even numbered year thereafter, the Director of the D.C. Department of Housing and Community Development, or the administrator of the D.C. Housing Production Trust Fund, shall report to the Zoning Commission regarding affordable dwelling units subsidized or constructed pursuant to these provisions and, if appropriate, shall recommend any modifications needed to the affordable housing mechanisms of this chapter.
1706.29The hostel existing as of April 7, 2006, on the land area currently comprising Lot 810 in Square 342 may be expanded or rebuilt to the maximum permitted density of 9.5 FAR, and the housing requirement specified in § 1706.5 (b) shall not apply to such expansion or rebuilding for so long as the hostel use continues.