Section 11-1810. COMBINED LOT DEVELOPMENT PROCEDURES (SEFC)  


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    1810.1Combined lot development is permitted within the SEFC/CR District, in accordance with §§ 1803.3(h) and 1803.7, and in the SEFC/W-0 District in accordance with §§ 1805.7 and 1805.8.

     

    1810.2No allocation of gross floor area shall be effective unless an instrument, legally sufficient to effect such a transfer, is filed with the Zoning Administrator in accordance with this Section.

     

    1810.3The instrument shall bind the present and future owners of the respective SEFC/CR lots so as to permanently devote residential and non-residential gross floor area on site equal to that square footage transferred or received, and shall specify the allocation of residential and non-residential uses among the lots.

     

    1810.4The instrument shall bind the present and future owners of the SEFC/W-0 lots that are situated within the Open Space Area, as described in § 1805.4, to permanently forego the development of such square footage as was transferred to a lot in the Development Area and shall specify the amount of square footage transferred.

     

    1810.5The Office of the Attorney General shall certify the instrument for legal sufficiency. The instrument shall also contain a certification by the Office of Planning attesting to:

     

    (a)The lots' eligibility to send and receive allocated residential and non-residential uses; and

     

    (b)The accuracy of the computations with respect to the amount of residential and non-residential uses or density reallocated or transferred.

     

    1810.6The District of Columbia need not be made a party to the instrument if the instrument provides that it shall neither be modified nor terminated without the express permission of the Zoning Commission of the District of Columbia.

     

    1810.7The instrument shall be recorded for all affected lots in the Office of Recorder of Deeds, so that the notice of restrictions and transfer shall run with the title and deed to each affected lot and so that each land record accurately reflects the amount and type of density associated with the lots.

     

    1810.8A certified copy of the recorded instrument shall be filed with the Zoning Administrator before approval of any building permit application that is affected by such allocation of uses or density.

     

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 51 DCR 6850 (July 9, 2004); as corrected by Errata Notice published at 58 DCR 4314, 4316 (May 20, 2011).