Section 14-2223. WAIVER

 

2223.1 The Department of Housing and Community Development may, upon the request of an agency of the District or the written request of an Inclusionary Development Owner, waive the application of any of the provisions of this Chapter if:

 

(a)The Inclusionary Development is participating in a District or federal program to provide affordable housing to low or moderate-income households, including the New Communities Program, Community Development Block Grant Program, Low-Income Housing Tax Credit Program, and Housing Production Trust Fund Program;

 

(b)The waived provision is not required by the Zoning Commission’s Inclusionary Zoning Regulations or the Inclusionary Zoning Act; and

 

(c)Application of the provision is burdensome when combined with other District or federal regulations or standards, the goal of the provision is adequately addressed by other District or federal regulations or standards, or waiver of the provision is in the best interests of the District.

 

authority

Pursuant to the authority set forth in § 107 of the Inclusionary Zoning Implementation Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-275; D.C. Official Code § 6-1041.07) (“Inclusionary Zoning Act”) and Mayor’s Order 2008-59, dated April 2, 2008.

source

Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009) (as section 2224); as amended by Final Rulemaking published at 56 DCR 9295, 9320 (December 11, 2009).