D.C. Mun. Regs. tit. 11, r. 11-1904

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 11-1904 - BONUS DENSITY (ARTS)

1904.1

A project shall be eligible for bonus gross floor area for space devoted to one of the preferred uses listed in § 1904.2; provided:

(a) Bonus density may be used either to increase the gross floor area of the building for any permitted use up to the maximum floor area ratio (FAR) specified in paragraph (b) of this subsection, or to provide nonresidential uses or development in excess of the otherwise applicable limitation on the gross floor area of nonresidential uses in the underlying zone district; and

(b) No building that uses bonus density shall achieve a maximum FAR in excess of 6.0 in the underlying CR District, 4.5 in the underlying C-3-A and C-2-B Districts, or 3.0 in the underlying C-2-A District; and

(c) No property subject to Chapter 26, Inclusionary Zoning, shall be eligible for bonus gross floor area unless it has met the set-aside requirements of § 2603 and used all the bonus density of available through § 2604.

1904.2

The following preferred uses shall be eligible for bonus floor area at the ratio indicated:

Gross floor area devoted to the bonus use	Proportionate number of square feet of additional gross floor area earned for on-site or off-site development
(a)	Legitimate theater;	1	to	3
(b)	Department store, drugstore, dry cleaner, laundry, grocery store, hardware store, variety store, and any use listed in § 1908 other than legitimate theater or drinking places;	1	to	2
(c)	Any use listed in §§ 1907 and 1908, in excess of the required 0.5 FAR at ground level; not to be counted in addition to bonus floor area from paragraph (b) or (c) of this subsection; and	1	to	1.5
(d)	Space in a building constructed before 1958 and occupied by one of the uses listed in paragraphs (a) through (d); provided, that this bonus shall count in addition to any applicable use bonus.	1	to	1

1904.3

A building that includes 3.0 or more FAR devoted to residential use is entitled to a bonus of 0.5 FAR.

1904.4

A preferred use, in existence and with a valid certificate of occupancy as of February 23, 1990, shall be eligible to earn a bonus as indicated in § 1904.2.

1904.5

An existing legitimate theater shall be eligible for the bonus indicated; provided, if the theater company goes out of business or leaves the area governed by this chapter, the owner-developer shall make every good faith effort to transfer the agreement to another theater company to occupy the same or different premises of similar size;-failing which, the owner-developer shall apply to the Board of Zoning Adjustment for a special exception pursuant to §§ 1906 and 3104, at which proceeding the Board and the applicant shall give first preference to substituting another bonus use from § 1904 in place of the prior theater use.

1904.6

If a surface parking lot devoted to transient parking is the basis for developing bonus floor area on another lot, the covenant required by § 1905.1(f) shall require the transient parking lot to continue in existence for at least ten (10) years from the date of issuance of the building permit for the lot where the bonus floor area will be built; provided, that operation of the parking lot may be suspended for not more than twenty-four (24) months to permit the construction of a parking structure that will replace the surface lot and be subject to the same covenant.

D.C. Mun. Regs. tit. 11, r. 11-1904

Final Rulemaking published at 37 DCR 1392, 1398 (February 23, 1990); as amended by Final Rulemaking published at 39 DCR 8323, 8325 (November 13, 1992); and Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8493 (October 20, 2000); as amended by Final Rulemaking published at 54 DCR 6943 (July 20, 2007); as amended by Final Rulemaking published at 55 DCR 2604 (March 14, 2008); as corrected by Errata Notice published at 58 DCR 4314, 4316 (May 20, 2011)

Authority: The Zoning Commission for the District of Columbia (the "Commission"), pursuant to its authority under §§ 1, 3, and 8 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 798, and 799; D.C. Official Code §§ 6-641.01, 6-641.03, and 6-641.07 ).