Section 11-C1007. RELIEF FROM INCLUSIONARY ZONING REQUIREMENTS

1007.1 The Board of Zoning Adjustment is authorized to grant partial or complete relief from the requirements of Subtitle C § 1003 upon a showing that compliance, whether on-site, off-site, or a combination thereof, would deny an inclusionary development owner economically viable use of its land.

1007.2 An application from an inclusionary development owner for a variance from the requirements of Subtitle C § 1003 shall not be granted unless the Board of Zoning Adjustment has determined that the applicant cannot comply with the provisions of Subtitle C § 1006 based on evidence provided by the applicant, and has voted to deny an application for relief pursuant to this section or Subtitle C § 1006.

1007.3 The Zoning Commission may grant relief from the requirements of this chapter to an owner/occupant of an inclusionary unit on the consent calendar authorized by Subtitle Z § 703 provided:

(a) Condominium or homeowner association fees have increased to make the unit unaffordable to other Eligible IZ Households as defined by Title 14, Chapter 22; and

(b) The application for relief includes written confirmation of Subtitle C § 1007.3(a) from the Director of DHCD; and

(a) The IZ covenant remains and the unit is sold at the Maximum Resale Price (MRP) as determined by 14 DCMR § 2218 if the income of the Eligible IZ Household purchasing the unit does not exceed eighty percent (80%) of the MFI; or

(b) If the IZ covenant is terminated and the unit is sold above the Maximum Resale Price, a fee equal to any net proceeds from the sale that are above and beyond the MRP are deposited into the District’s Housing Trust Fund.

 

 

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)).

source

Final Rulemaking published at 63 DCR 2447, 2712 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 15404 (December 16, 2016).