Section 11-I802. GENERATION OF CREDITS BY RESIDENTIAL DEVELOPMENT

 

 

802.1Except as provided in Subtitle I § 802.3, credits may be generated by a residential use in a building for which construction began after January 18, 1991 located in a D-4-R, D-5-R, or D-6-R zone to the extent the residential use did not generate Unallocated or Allocated CLD Rights as described in Subtitle I §§ 800.3 and 800.4, respectively; or by a residential use developed on or after the effective date of this title in a new or existing buildings in all other I zones except D-1-R or D-2 zones, where properties may not generate credits.

(a) If building is in a zone without a minimum residential requirement, all of the new residential gross square footage shall generate credits; and

(b)If a building is in a zone with a minimum residential requirement, credits shall be generated by the new residential gross floor area that exceeds the minimum residential requirement, subject to the following limits:

(1) 3.5 FAR in the D-4-R zone;

(2) 6.0 FAR in the D-5-R zone; or

(3) 8.0 FAR in the D-6-R zone.

802.2One (1) credit shall be generated for each square foot of eligible residential gross floor area (GFA) constructed, except that two (2) credits, rather than one (1) credit, shall be generated for each square foot of eligible GFA in each of the following circumstances:

(a)[DELETED];

(b)For projects not subject to Subtitle C, Chapter 10, Inclusionary Zoning, two (2) credits shall be generated for each square foot of eligible GFA reserved for households that meet the income requirements of Subtitle C § 1003;

(c)For each square foot of non-residential use converted to residential use in historic landmarks or contributing buildings in historic districts;

(d)For a building south of Massachusetts Avenue located on a property zoned D-4-R or D-5-R and within Squares 247, 283, 284, 316, 317, 342, 343, 371, 372, 374, 427, 428, 452, 453, 485, 486, 517, or 529; or for 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

(e)For a building south of H Street zoned D-6-R and within Squares 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.

802.2 No credits shall be generated as the result of residential uses developed in any building owned or leased by any education use developed for the purpose of housing students enrolled in the school.

 

 

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); as amended by Final Rulemaking published at 63 DCR 15404 (December 16, 2016); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017).