Section 11-I305. GENERAL RESIDENTIAL USE REQUIREMENTS

 

305.1 Unless otherwise reduced or exempted by the provisions of this subtitle, a building in the D-1-R zone shall provide the minimum amount of required residential FAR on site.

305.2 Unless otherwise reduced or exempted by the provisions of this subtitle, a building in the D-4-R, D-5-R, or D-6-R zone shall provide the minimum amount of residential FAR required in the zone, either on the site or on a site linked to it through the purchase and use of credits as provided for by Subtitle I, Chapters 8 and 9.

305.3 The minimum residential requirements of a zone shall not apply to:

(a) Historic properties exempted by Subtitle I §§ 200.2 or 200.3;

(b) Buildings where the primary use and the valid certificate of occupancy is for religious worship;

(c) The renovation of a non-residential building that has a height of six (6) floors or less at and above grade, and that has been in existence as of January 17, 1991; or

(d) A building that is vacant, has less FAR than the minimum residential requirements of the zone, is brought up to building code, and is covenanted to continue in residential use for twenty (20) years or longer.

305.4 Residential uses required by Subtitle I, Chapter 5 shall not diminish the matter-of-right non-residential FAR allowed in a zone; but the non-residential space may not receive a certificate of occupancy until the Zoning Administrator determines that the zone requirements of Subtitle I, Chapter 5 and Subtitle I, Chapters 8 and 9, if credits are generated or used, have been met.

305.5 A child development center or a child development home shall be considered a residential use in a building with at least 2.0 FAR of residential use, not inclusive of the child development center or home, provided the center will be open and operate during normal business hours at least five (5) days each week and fifty (50) weeks each calendar year, excluding public holidays. 

305.6 If a building on a lot that requires residential use is in residential use as of the effective date of this title and the residential gross floor area of a building is less than the amount of residential use required for the lot by this section, there shall be no additional residential requirement for that lot as long as the existing building remains in residential use.

305.7 The residential requirements of the D-4-R, D-5-R and D-6-R zones can be reduced according to the limits listed for the particular zone, provided:

(a) The affordable housing is targeted to low-income households;

(b) The affordable dwelling units are constructed directly by the owner of a lot subject to the residential requirement or through a joint venture with either a nonprofit housing sponsor or a for-profit builder/developer;

(c) The total project cost of the affordable units, including acquisition, construction, and long-term subsidy, shall be not less than C = GFA (AV/LA)/FAR x 90%, where:

(1)   C = The contribution;

(2)   GFA = The amount of additional commercial space that is built on-site, measured in square feet;

(3)   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;

(4)    LA = The number of square feet of land included in the property;

(5)   FAR = The commercial FAR used by the tax assessor to determine the assessed value; and

(6)   90% = The proportion of assessed commercial value that has been determined to be appropriate for this contribution;

(d) If the affordable dwelling units are provided by rehabilitation, the building(s) shall have been previously in nonresidential use, or vacant for a minimum of three (3) years, or if occupied, shall be a tenant-sponsored purchase of the building where the tenants meet the definition of low-income households;

(e) 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 forty (40) years;

(2) The funds fill a gap identified in sources and uses documentation submitted to the Director of the Department of Housing and Community Development as part of any application for financing;

(3) 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

(4) Conditions of Subtitle I §§ 305.7(a) through (f) have been met; and

(f) No certificate of occupancy shall be issued for the non-residential development of a lot subject to Subtitle I §§ 305.7(a) through (d) until a certificate of occupancy has been issued for the affordable dwelling units, unless the affordable dwelling units are to be constructed on property owned by the District of Columbia.

305.8 Subtitle I, Chapters 8 and 9 contain the regulations for the credit system that applies to residential uses.

305.9 Residential FAR in a building owned or leased by a public, charter, parochial, or private school or community college, college, or university for the purpose of housing students enrolled in the school owning or leasing the building shall count towards fulfilling the residential FAR required in the D-1-R, D-4-R, D-5-R, or D-6-R zones, but shall not:

(a) Count toward fulfilling the Inclusionary Zoning requirements of Subtitle C, Chapter 10;

(b) Generate bonus density; or

(c) Be eligible to generate or be used for the credits provided for in Subtitle I, Chapters 8 and 9.

 

 

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, 3041 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016).