Section 11-I807. GENERATION AND CERTIFICATION OF CREDITS FOR HISTORIC PRESERVATION

807.1 The purpose of this section is to:

(a) Preserve the unique character and fabric of historic landmarks and historic districts in the D zones;

(b) Encourage the retention and enhancement of historic buildings, together with compatible alterations and compatible new construction;

(c) Establish appropriate allowances for building bulk on lots with historic buildings so as to encourage preservation of whole buildings and ensure a suitable scale of new construction in historic districts, especially in projects combining new development with preservation;

(d) Provide appropriate economic incentives to encourage preservation and adaptation of historic buildings for current use, and the restoration of historic landmarks;

(e) Promote compatible new construction by allowing flexibility in rear yard and court requirements, in keeping with objectives for the preservation and enhancement of historic buildings and districts; and

(f) Encourage occupancy of historic buildings by small businesses and active uses such as arts, cultural, entertainment, retail, and housing, in keeping with the potential of historic buildings to make multiple contributions to the character of downtown.

807.2 This section applies to lots containing historic resources or to lots containing a non-historic building that received its first certificate of occupancy prior to 1936. 

807.3 For the purposes of this section, a historic resource is a building or structure listed in the District of Columbia Inventory of Historic Sites or a building or structure certified in writing by the State Historic Preservation Officer as contributing to the character of the historic district in which it is located.

807.4 A building described in Subtitle I § 807.2 or Subtitle I § 807.3 shall generate one (1) credit for each square foot of undeveloped gross floor area, up to an additional 4.0 FAR, provided:

(a) The property is not in government or foreign mission ownership;

(b) The historic resource is fully rehabilitated pursuant to the Historic Landmark and Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law 2-144, as amended; D.C. Official Code §§ 6-1101 to 6-1115) (“The Historic Preservation Act”), and this chapter;

(c) A non-historic building that received its first certificate of occupancy prior to 1936 is fully rehabilitated according to plans approved by the State Historic Preservation Officer;

(d) The State Historic Preservation Officer has certified in writing to the Zoning Administrator that rehabilitation has been completed pursuant to the approved plans; and

(e) The historic resource has not been fully rehabilitated pursuant to plans approved in accordance with the Historic Protection Act prior to January 18, 1981.

807.5 For the purposes of determining the unused development rights that generate credits, the matter-of-right densities of the applicable underlying zone districts are deemed to be 6.0 FAR in the D-1 and D-2 zones; 6.5 FAR in the D-3, D-4, D-5, and D-8 zones; and, in the D-6 and D-7 zones, 8.5 FAR for properties fronting on streets with a right-of-way less than one hundred ten feet (110 ft.) wide, or 10.0 FAR for properties fronting on streets with a right-of-way at least one hundred ten feet (110 ft.) wide.

807.6 A project that removes any incompatible intrusion into a street right-of-way of the L’Enfant Plan of Washington, as determined by the Historic Preservation Review Board, may generate additional credits by an amount equal to the gross floor area of the removed intrusion, provided the right-of-way is returned to public jurisdiction, or the property owner executes a covenant that runs with the land permanently foregoing construction above grade within the historic right-of-way.

807.7 No credits generated under this section may be transferred unless the Zoning Administrator has acknowledged the generation of the credits in a covenant, filed with the Zoning Administrator and recorded in the land records of the District of Columbia, that:

(a) Effects a binding reduction in the unused development rights under the Zoning Regulations otherwise available to the lot, to the extent of the credits generated; and

(b) Requires completion of the restoration of the historic resource, the non-historic building meeting the requirements of Subtitle I § 807.2, or parts thereof pursuant to plans approved by the Historic Preservation Review Board or the Mayor's Agent for Historic Preservation as required by the Historic Preservation Act.

807.8 For the purposes of administering Subtitle I § 807.7, the Historic Preservation Division, Office of Planning, shall certify in writing to the Zoning Administrator that restoration has been completed pursuant to plans approved as consistent with the Historic Preservation Act. 

807.9 Prior to the completion of restoration as certified in Subtitle I § 807.8, one (1) or more Certificates of Credit Transfer described in Subtitle I § 901 may be executed pursuant to a recorded covenant as described in Subtitle I § 807.7 following issuance of a building permit for the credit-sending lot containing the historic resource or the non-historic building meeting the requirements Subtitle I § 807.2, but a certificate of occupancy for the credits on the credit-receiving lot shall not be issued until the restoration of the sending lot’s historic resource or non-historic building meeting the requirements Subtitle I § 807.2 has been certified, as provided for in Subtitle I § 807.8.

807.10 After the completion of restoration has been certified, any credits shall vest in the receiving lot without any relationship to the status of the sending lot.

807.11 Notwithstanding the requirements of Subtitle I §§ 807.9 and 807.10, up to twenty-five percent (25%) of the credits that the sending lot is eligible for may be transferred to and fully vest in a receiving lot under the following conditions:

(a) The Certificates of Credit Transfer described in Subtitle I § 901 shall include a requirement that the monetary proceeds of the sale of credits shall be utilized by the owner of the generating lot exclusively for the cost of design and rehabilitation of the historic building;

(b) If the financial proceeds of the transfer exceed the total cost of design and construction on the sending lot, the instrument of transfer shall provide that full funding of design and construction shall be reserved, together with a draw schedule and timetable for the construction work, prior to any other use of the funds in excess of that required for design and construction; and

(c) The State Historic Preservation Officer has certified to the Zoning Administrator that the allocation of funds and draw schedule provided pursuant to Subtitle I § 806.7(c) are sufficient to allow the completion of the project.

807.12 A request for approval of the covenant described in Subtitle I § 807.7 may be made at any point after the rehabilitation is fifty percent (50%) complete. 

807.13 The request shall be filed by the person owning the property that generated the credits, or the person’s agent and, at a minimum, contain the following information:

(a) Name and contact information for the person or entity that will own the generated credits;

(b) Name and contact information for, and signature of, the person or entity owning the property that generated the credit, if different than in Subtitle I § 807.13(a);

(c) Legal description and street address of the lot or lots;

(d) Surveyed area of the lot or lots;

(e) Gross floor area calculations for the entire building or buildings and for each use;

(f) Zoning requirement on the lot including total FAR limits, FAR limits for non-residential uses and FAR limits for historic structures;

(g) Trade area designation and map for the lot or lots;

(h) Calculation of credits generated; and

(i) The building permit issued for the project including the plans approved by the Mayor’s Agent for Historic Preservation pursuant to the Historic Protection Act.

807.14 The Zoning Administrator, in his or her discretion, may request their General Counsel or the Office of the Attorney General to undertake a legal sufficiency review.

807.15 The covenant shall be signed by the Zoning Administrator and the State Historic Preservation Office as evidence of its compliance with the provisions of this chapter 

807.16 The signature of the Mayor of the District of Columbia is not required.

807.17 The owner of the credits, upon notification by the Zoning Administrator that the covenant has been signed, shall take the covenant to the Recorder of Deeds, who shall record the covenant with the lot that generated the credit and provide the owner with two (2) certified copies of the certificate.

807.18 The owner of the credits shall provide one (1) certified copy of the covenant to the Zoning Administrator and one (1) to the Office of Planning.

807.19 The covenant shall be effective as of the recordation date of the covenant unless a later time is requested by the owner of the credits.

 

 

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).