Section 11-K240. COMBINED LOT DEVELOPMENT PROCEDURES (SEFC-1 AND SEFC-4)  


Latest version.
  • 240.1 Combined lot development is permitted within the SEFC-1 zone in accordance with Subtitle K § 202.3, and in the SEFC-4 zone in accordance with Subtitle K §§ 230.6 and 230.7. 

    240.2 No allocation of gross floor area shall be effective unless an instrument, legally sufficient to effect such a transfer, is filed with the Zoning Administrator in accordance with this section.

    240.3 The instrument shall bind the present and future owners of the respective SEFC-1 lots so as to permanently devote residential and non-residential gross floor area on site equal to that square footage transferred or received, and shall specify the allocation of residential and non-residential uses among the lots.

    240.4 The instrument shall bind the present and future owners of the SEFC-4 lots that are situated within the open space area, as described in Subtitle K § 200.8(b), to permanently forego the development of such square footage as was transferred to a lot in the development area and shall specify the amount of square footage transferred.

    240.5 The Office of the Attorney General shall certify the instrument for legal sufficiency. The instrument shall also contain a certification by the Office of Planning attesting to:

    (a) The lots' eligibility to send and receive allocated residential and non-residential uses; and

    (b) The accuracy of the computations with respect to the amount of residential and non-residential uses or density reallocated or transferred.

    240.6 The District of Columbia need not be made a party to the instrument if the instrument provides that it shall neither be modified nor terminated without the express permission of the Zoning Commission of the District of Columbia.

    240.7 The instrument shall be recorded for all affected lots in the Office of Recorder of Deeds, so that the notice of restrictions and transfer shall run with the title and deed to each affected lot and so that the land records that pertain to each affected lot accurately reflect the amount and type of density associated with the lots.

    240.8 A certified copy of the recorded instrument shall be filed with the Zoning Administrator before approval of any building permit application that is affected by such allocation of uses or density.

     

     

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, 3176 (March 4, 2016 – Part 2).