Section 11-X303. PLANNED UNIT DEVELOPMENT FLEXIBILITY  


Latest version.
  • 303.1 As part of the PUD process, the Zoning Commission may grant relief from any building development standard or other standard referenced in the zone reference table with the exception of use regulations. Housing and arts credits are considered use regulations and are not eligible for flexibility through the PUD process.

    303.2 If the PUD includes more than one (1) zone district, the FAR of all buildings shall not exceed the aggregate of the FAR as permitted in the several zone districts included within the PUD area.  

    303.3 Except as limited in  Subtitle X §§ 303.5 and 303.6 , the Zoning Commission may increase the maximum total density permitted on the site by no more than twenty percent (20%) of that maximum matter-of-right permitted by the zone district(s) associated with the PUD As part of the twenty percent (20%) increase, the Zoning Commission may increase the maximum density for non-residential uses by no more than thirty-four percent (34%) of the maximum matter-of-right non-residential density permitted within the zone district associated with the PUD. 

    303.4 The twenty percent (20%) PUD related increase in density permitted under Subtitle X § 303.3 may be calculated using the matter-of-right density and the IZ bonus density when the PUD includes a full allocation of Inclusionary Zoning units consistent with Subtitle C, Chapter 10.

    303.5 The matter-of-right floor area ratio limits shall serve as the density guidelines for a PUD in the NC zones.

    303.6 The matter-of-right floor area ratio limits shall serve as the maximum permitted density for a PUD in the following zones:

    (a) MU-15, MU-16, MU-17, MU-18, MU-19, MU-20, MU-21, MU-22, MU-25, MU-26;

    (b) RF-2; and

    (c) RA-8, RA-9, and RA-10.

    303.7 Except as permitted for a penthouse pursuant to Subtitle X § 303.18, no building or structure shall exceed the maximum PUD height permitted in the least restrictive zone district within the PUD site as set forth in the following table; provided, that the Zoning Commission may authorize the deviations permitted pursuant to Subtitle X § 303.10:

     

    TABLE X § 303.7:  MAXIMUM PERMITTED PUD BUILDING HEIGHT IN THE

    LEAST RESTRICTIVE ZONE DISTRICT

    Zone

    Maximum PUD Height (feet)

    RF-1, RF-3, RF-4, RF-5

    50

    RA-1, RA-2, RA-7,

    RC-1

    60

    RA-3

    75

    RA-4, RA-5

    90

    RA-6

    40

    MU-1

    75

    MU-2

    90

    MU-3

    40

    MU-4 

    65

    MU-5

    90

    MU-6

    110

    MU-7, MU-8

    90

    MU-9

    130

    MU-10

    110

    MU-11

    40

    MU-12

    60

    MU-13

    80

    MU-14

    100

    MU-23

    90

    MU-24, MU-25, MU-26

    65

    MU-27

    40

    MU-28   (C-3-A/FT)

    90

    MU-29   (CR/FT)

    110

    MU-30

    130

    PDR-7   (M/FT)

    90

    D zones

    As permitted in Subtitle I

    PDR-1, PDR-2

    60

    PDR-3, PDR-4, PDR-5, PDR-6

    90

    NC-1, NC-2, NC-3, NC-4, NC-5,

    NC-6, NC-7, NC-8, NC-9, NC-10, NC-11, NC-12, NC-13 NC-14, NC-15,

    NC-16, NC-17

    In these NC zones, the matter-of-right height limits shall serve as the guidelines for a PUD.

    RF-2,

    RA-8, RA-9, RA-10,

    MU-15, MU-16, MU-17, MU-18, MU-19, MU-20, MU-21, MU-22

    The matter-of-right height limits shall serve as the maximum permitted height for a PUD.

     

     

    303.8 In the NC-7 and NC-8 zones, any additional height and floor area above that permitted as a matter-of-right shall be for residential use only.

    303.9 In the NC-9 through NC-13 zones, any additional height and floor area above that permitted as a matter-of-right shall be used only for housing or the preferred uses of the NC-9 through NC-13 zones.

    303.10 The Zoning Commission may authorize the following increases; provided, that the increase is essential to the successful functioning of the project and consistent with the purpose and evaluation standards of this chapter: 

    (a) An increase of not more than five percent (5%) in the maximum building height but not the maximum penthouse height; or

    (b) An increase of not more than five percent (5%) in the maximum density.

    303.11 The amount of flexibility from all other development standards not addressed by this section shall be at the discretion of the Zoning Commission. 

    303.12 A PUD-related zoning map amendment shall be considered flexibility against which the Zoning Commission shall weigh the benefits of the PUD.

    303.13 As part of any PUD, the applicant may request approval of any relief for which special exception approval is required.  The Zoning Commission shall apply the special exception standards applicable to that relief, unless the applicant requests flexibility from those standards.  Any such flexibility shall be considered the type of development flexibility against which the Zoning Commission shall weigh the benefits of the PUD.

    303.14 As part of any PUD, the applicant may request the Zoning Commission to grant an area variance to permit additional height and density beyond that permitted by this section.  The Zoning Commission shall apply and not deviate from the variance standard stated at Subtitle X, Chapter 10.

    303.15 The PUD height and density standards for the special purpose zones are contained in Subtitle K for those zones.

    303.16 An electronic equipment facility (EEF) may occupy more than fifty percent (50%) of the gross floor area of a building in the MU-7, MU-8, MU-9, MU-30 or any D zone, if approved as part of a PUD in accordance with the requirements of this chapter and subject to the following additional criteria:

    (a) The aggregate total area to be devoted to EEF use may not exceed fifty percent (50%) of the permitted gross floor area of the entire project; and

    (b) The EEF shall be located on a portion of the lot that does not directly front on a street so as to preclude retail, service, and office uses from being developed on the street frontage of the project.

    303.17 Any additional density (whether residential or non-residential) or development rights granted through a PUD, including PUD-related map amendments, cannot be transferred as part of a combined lot development

    303.18 The matter-of-right penthouse height and number of story limits shall serve as the maximum permitted penthouse height and stories for a PUD except in the following zones:

    TABLE X § 303.18:  MAXIMUM PUD PENTHOUSE HEIGHT AND STORIES

     

    Zone

    Maximum Penthouse Height 

    Maximum Penthouse Stories

    RA-1

    12 ft. except

    15 ft. for penthouse mechanical space

    1; second story permitted for penthouse mechanical space

    MU-4, MU-12,

    ARTS-1;

    CG-6

    NC-7, NC-9, NC-14, NC-16

    PDR-1, PDR-6

    12 ft. except

    18 ft. 6 in. for penthouse mechanical space

    1; second story permitted for penthouse mechanical space

    RA-3

    MU-1

    20 ft.

    1; second story permitted for penthouse mechanical space

    MU-5, MU-7, MU-8, MU-28

    NC-8, NC-10, NC-12, NC-13, NC-15, NC-17

    ARTS-2

    PDR-2

    20 ft.

    1 plus mezzanine;

    second story permitted for penthouse mechanical space

     

     

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, 3454 (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 64 DCR 7264 (July 28, 2017).