D.C. Mun. Regs. tit. 11, r. 11-755

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

Rule 11-755 - DOWNTOWN HISTORIC PROPERTIES RESIDENTIAL REHABILITATION INCENTIVE PROGRAM (C-4)

755.1

This section authorizes the transfer of development rights from a qualifying rehabilitation project within the C-4 District to a receiving zone or lot established pursuant to § 1709.

755.2

A rehabilitation project within the C-4 District that provides for the construction of new apartment house use on-site shall qualify to earn transferable development rights, provided the project:

(a) Retains and rehabilitates a building, consistent with plans approved 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 (formerly codified at D.C. Code §§ 5-1001 to 5-1015 (1994 Repl. & 1999 Supp.))), that is designated as a historic landmark or determined to be a contributing building to a historic district by the Historic Preservation Review Board;

(b) Retains sufficient historic fabric to constitute "whole building retention," as determined by the D.C. Office of Planning, Historic Preservation Division; and

(c) Is undertaken pursuant to a building permit issued after May 8, 2000.755.3 A rehabilitation project qualifying under § 755.2 shall earn two (2) square feet of transferable development rights for each one (1) square foot of new apartment house use developed.

755.4

In order to convey the transferable development rights provided for in this section, the owner of the building shall execute, file, and record an instrument of transfer as provided in § 1709.

755.5

Up to one-half (1/2) of the total number of transferable development rights generated by a qualifying rehabilitation project shall vest and may be transferred upon the owner's certification in writing and the Zoning Administrator's concurrence that fifty percent (50%) of the rehabilitation of the landmark or contributing building is complete and constructed in a manner consistent with the building permit for the project.

755.6

The remainder of the total number of transferable development rights generated by a qualifying rehabilitation project shall vest and may be transferred after the owner obtains written certification from the Historic Preservation Division of the completion, consistent with the building permit, of the landmark or contributing building.

D.C. Mun. Regs. tit. 11, r. 11-755

Final Rulemaking published at 47 DCR 5871, 5873-74 (July 21, 2000)