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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 11. ZONING REGULATIONS OF 2016 |
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SubTilte 11-C. GENERAL RULES |
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Chapter 11-C12. COMBINED LOT PROVISIONS |
Section 11-C1200. GENERAL PROCEDURES
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1200.1 This chapter contains the general procedural regulations for the administration of combined lot agreements for those zones where a combined lot process is permitted.
1200.2 The allowable residential and nonresidential bulk, or of bonus floor area if applicable, of eligible properties may be apportioned between two (2) or more lots in the same square or other boundaries if otherwise established in a zone, regardless of the limits on floor area; provided, that the aggregate residential and nonresidential floor area may not exceed the limits for the applicable zone.
1200.3 The maximum permitted floor area for all uses and the maximum floor area for nonresidential uses shall be calculated as if the lots were one (1) lot, and the total project shall conform with both limitations.
1200.4 A covenant running with the land and applicable to all properties involved in the apportionment shall be executed by all of the owners of the properties prior to the issuance of any building permits. The covenant shall be for the purpose of insuring that the aggregate residential and nonresidential floor area does not exceed the limits applicable to residential and nonresidential uses, or of bonus floor area if applicable.
1200.5 No transfer of floor area for preferred uses, or of bonus floor area if applicable, shall be effective under this section unless an instrument, legally sufficient in both form and content to effect such a transfer, in a form approved by the Office of the Attorney General, has been entered into among all of the parties concerned, including the District of Columbia where appropriate.
1200.6 A certified copy of the instrument of transfer shall be filed with the Zoning Administrator before approval by the Department of Consumer and Regulatory Affairs of any building permit application affected by such transfer.
1200.7 The document shall be recorded in the Office of the Recorder of Deeds, serving as a notice both to the receiving lot and sending lot of the transfer of floor area for preferred uses or of bonus floor areas.
1200.8 The notice of restrictions and transfer shall run with the title and deed to each affected lot.