D.C. Mun. Regs. tit. 11, r. 11-C1001

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

Rule 11-C1001 - APPLICABILITY

1001.1

Achievable bonus density is the amount of the permitted bonus density that is utilized within a particular Inclusionary Development provided in Subtitle C §§ 1002.

1001.2

Except as provided in Subtitle C §§ 1001.5, the requirements of this chapter shall apply to, and the modifications to certain development standards and bonus density of this chapter shall be available to, developments in zones in which this chapter is identified as applicable as specified in the individual subtitles of this title; provided the development falls into one of the following categories:

(a) A "Mandatory Inclusionary Development" - a development that:

(1) Proposes to create ten (10) or more new dwelling units, including dwelling units located in a cellar or penthouse, by:

(i) Adding new gross floor area beyond that existing at the time of the building permit application;

(ii) Changing the use of existing gross floor area to the "Residential" use category of Subtitle B §§ 200.2; or

(iii) A combination of (i) and (ii);

(2) Consists of a residential building that has penthouse habitable space pursuant to Subtitle C §§ 1500.11; or

(3) An "IZ Plus Inclusionary Development" - a development located on property that was the subject of a map amendment that increased the allowable FAR pursuant to Subtitle X §§ 502 and as indicated with an "IZ+" on the Zoning Map and that meets one of the categories of subparagraphs (1) through (2) of this paragraph 1001.2(a); or

(b) A "Voluntary Inclusionary Development" - any single household dwelling, row dwelling, flat, or multiple dwelling development not described in Subtitle C §§ 1001.2(a) if the owner voluntarily agrees to comply with the requirements of Subtitle C, Chapter 10, provided:

(1) The square footage set aside achieves a minimum of one (1) Inclusionary Unit;

(2) Modifications to development standards shall only be allowed as specified in the development standards of the individual zones pursuant to Subtitle C §§ 1002; and

(3) Any use of the modifications of development standards and bonus density authorized by Subtitle C §§ 1002 and in the development standards of the individual zones in the R-2, R-3, R-10, R-13, R-17, R-20, RF-1, RF-2, RF-3, RF-4, RF-5, or the RA-1 zones shall require special exception approval pursuant to Subtitle X, Chapter 9 and to Subtitle D §§ 5206, Subtitle E §§ 5206, or Subtitle F §§ 5206, as applicable.

1001.3

The number of dwelling units and the gross floor area used pursuant to Subtitle C §§ 1001.2(a) to establish the applicability of the IZ requirements, and associated IZ modifications, shall be based on:

(a) The new dwelling units and the gross floor area constructed or converted to the "Residential" use category of Subtitle B §§ 200.2 concurrently or in phases, on a single lot, on contiguous lots, or on lots divided by an alley, that were under common ownership, control, or affiliation within one (1) year prior to the application for the first building permit; and

(b) All building permits issued for the development within a three (3)-year period, starting from the issuance of the first building permit for the development.

1001.4

For existing buildings that become subject to the requirements of this chapter pursuant to Subtitle C §§ 1001.2, the requirements of Subtitle C §§ 1003.1 through 1003.4 and the available modifications to applicable development standards shall apply as follows:

(a) For any development described by Subtitle C §§ 1001.2(a), to both the existing and new gross floor area if the development:

(1) Utilizes the bonus density provided by Subtitle C §§ 1002; or

(2) Results in an increase of fifty percent (50%) or more in the building's existing gross floor area;

(b) For developments described by Subtitle C §§ 1001.2(a)(1)(A), to only the new gross floor area if the development:

(1) Does not utilize the bonus density provided by Subtitle C §§ 1002; and

(2) Does not result in an increase of fifty percent (50%) or more in the building's existing gross floor area;

(c) For developments described by Subtitle C §§ 1001.2(a)(1)(B), to only the existing gross floor area for which the use is changed to the "Residential" use category of Subtitle B §§ 200.2 if the development:

(1) Does not utilize the bonus density provided by Subtitle C §§ 1002; and

(2) Does not result in an increase of fifty percent (50%) or more in the building's existing gross floor area; and

(d) For developments described by Subtitle C §§ 1001.2(a)(1)(C), to the portion of the existing gross floor area for which the use is changed to the "Residential" use category of Subtitle B §§ 200.2 as well as to the new gross floor area if the development:

(1) Does not utilize the bonus density provided by Subtitle C §§ 1002; and

(2) Does not result in an increase of fifty percent (50%) or more in the building's existing gross floor area.

1001.5

None of the requirements of this chapter except for Subtitle C §§ 1507 shall apply to hotels, motels, inns, boarding houses, and single room occupancy projects within a single building.

1001.6

The requirements of this chapter shall not apply to:

(a) Any development subject to a mandatory affordable housing requirement that exceeds the requirements of this chapter as a result of District law or financial subsidies funded in whole or in part by the Federal or District Government and administered and/or monitored by the Department of Housing and Community Development (DHCD), the District of Columbia Housing Finance Agency (DCHFA), or the District of Columbia Housing Authority (DCHA); provided:

(1) The development shall set aside, for so long as the project exists, affordable dwelling units (Temporarily Exempt Inclusionary Units) in accordance with the minimum income standards of Subtitle C §§ 1001.6(a)(2) and equal to at least the gross square footage that would have been otherwise required pursuant to the set-aside requirements in Subtitle C §§ 1003 for the zone in which the development is located and these Temporarily Exempt Inclusionary Units shall be identified on plans submitted for building permit;

(2) The Temporarily Exempt Inclusionary Units shall be reserved as follows:

(A) The square footage set aside for rental units shall be at or below sixty percent (60%) MFI; and

(B) The square footage set aside for or ownership units shall be at or below eighty percent (80%) MFI;

(3) The Temporarily Exempt Inclusionary Units shall be sold or rented in accordance with the Inclusionary Zoning Program (as defined by the IZ Act) upon the expiration of the affordable housing requirements of the District law or financial subsidies administered by DHCD, DCHFA, or DCHA;

(4) The requirements set forth in subparagraphs (1), (2), and (3) of this paragraph, shall be stated as declarations within a covenant running with the land for the benefit of the District of Columbia, found technically sufficient by the Zoning Administrator and legally sufficient by the Office of Zoning Legal Division; and

(5) The approved covenant shall be recorded in the land records of the District of Columbia prior to the date that the first application for a certificate of occupancy is filed for the project; except that for developments that include buildings with only one (1) dwelling unit, the covenant shall be recorded before the first purchase agreement or lease is executed;

(b) Assisted living facilities, community residence facilities, youth residential care homes, substance abusers' homes, or community based institutional facilities;

(c) Housing developed by or on behalf of a local college or university exclusively for its students, faculty, or staff; and

(d) Housing that is owned or leased by foreign missions exclusively for diplomatic or official staff.

(f) Any development, other than an IZ Plus Inclusionary Development, that is located in the portion of the R-3 zone within the Anacostia Historic District, in the portion of the MU-13 zone within the Georgetown Historic District, or in the RA-5, RA-10, MU-27, NC-6, or CG-1 zones if:

(1) Prior to January 1, 2025, the Department of Consumer and Regulatory Affairs has accepted as complete an application for a building permit, not including a foundation-to-grade permit, to construct the development; and

(2) The plans filed with this building permit application are consistent with an unexpired approval for:

(A) A concept design or project that either the Historic Preservation Review Board or Commission of Fine Arts voted to approve prior to January 1, 2022; or

(B) A Mayor's Agent decision for which a final order was issued prior to January 1, 2022.

1001.7

No exemption may be granted pursuant to Subtitle C §§ 1001.6(a) unless the Zoning Administrator receives a written certification from the DHCD Director that the development meets the requirements of Subtitle C §§ 1001.6(a)(1) and

1001.8

If a development exempted from this chapter under Subtitle C §§ 1001.5 and 1001.6(b)-(d) is converted to a residential use not listed in Subtitle C §§ 1001.5 and 1001.6, the conversion shall be subject to the requirements of this chapter if the first building permit application for the conversion is filed within five (5) years of the issuance of the first building permit for the exempted development, unless the conversion is otherwise exempted.

1001.9

IZ units or square footage required by an order of the Zoning Commission or the Board of Zoning Adjustment that exceeds IZ requirements shall comply with the requirements of this chapter, unless otherwise specified in the order.

1001.10

The requirements of this chapter shall automatically terminate if title to the mortgage property is transferred following foreclosure by, or deed-in-lieu of foreclosure to, a mortgagee in the first position, or a mortgage in the first portion is assigned to the Secretary of the U.S. Department of Housing and Urban Development (HUD).

D.C. Mun. Regs. tit. 11, r. 11-C1001

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 63 DCR 10620 (9/6/2016); amended by Final Rulemaking published at 63 DCR 015404 (6/5/2017); amended by Final Rulemaking published at 64 DCR 7264 (7/28/2017); amended by Final Rulemaking published at 66 DCR 002337 (2/22/2019); amended by Final Rulemaking published at 66 DCR 13705 (10/18/2019); amended by Final Rulemaking published at 67 DCR 13131 (11/6/2020); amended by Final Rulemaking published at 68 DCR 7216 (7/23/2021); amended by Final Rulemaking published at 68 DCR 13834 (12/24/2021); amended by Final Rulemaking published at 68 DCR 14187 (12/31/2021); amended by Final Rulemaking published at 68 DCR 930 (2/4/2022); amended by Final Rulemaking published at 71 DCR 9667 (8/2/2024)