1003.1Except as provided in Subtitle C §1003.11, an Inclusionary Development other than an IZ Plus Inclusionary Development that does not employ Type I construction as classified in Chapter 6 of the District of Columbia Building Code (Title 12-A DCMR) to construct a majority of dwelling units and which is located in a zone with a by-right height limit, exclusive of any bonus height, of eighty-five feet (85 ft.) or less, shall set aside for Inclusionary Units the sum of the following:
(a) The greater of ten percent (10%) of the residential gross floor area as defined in Subtitle C §1003.5(a), excluding penthouse habitable space, or seventy-five percent (75%) of the bonus density utilized; and(b) An area equal to ten percent (10%) of the penthouse habitable space as described in Subtitle C §1500.11. This set-aside requirement shall be converted to net square footage pursuant to Subtitle C §1003.6.
1003.2Except as provided in Subtitle C §1003.11, an Inclusionary Development other than an IZ Plus Inclusionary Development that employs Type I construction as classified in Chapter 6 of the District of Columbia Building Code (Title 12-A DCMR) to construct a majority of dwelling units, or which is located in a zone with a by-right height limit, exclusive of any bonus height, that is greater than eighty-five feet (85 ft.), shall set aside for Inclusionary Units the sum of the following:
(a) The greater of eight percent (8%) of the residential gross floor area as defined in Subtitle C §1003.5(a), excluding penthouse habitable space, or fifty percent (50%) of the bonus density utilized; and(b) An area equal to eight percent (8%) of the penthouse habitable space as described in Subtitle C §1500.11. This set-aside requirement shall be converted to net square footage pursuant to Subtitle C §1003.6.
1003.3An IZ Plus Inclusionary Development that does not employ Type I construction as classified in Chapter 6 of the District of Columbia Building Code (Title 12-A DCMR) to construct a majority of dwelling units shall set aside for Inclusionary Units the sum of (a) and (b):
(a) The greater of the percent of the residential gross floor area, as defined in Subtitle C §1003.5(a), excluding penthouse habitable space, set forth in District of Columbia Municipal Regulations the following table or ninety-five percent (95%) of the utilized bonus density based on the new zone: TABLE C § 1003.3 SET-ASIDE FOR INCLUSIONARY UNITS
Type of Map Amendment | Required Set-Aside |
From a PDR zone or unzoned land to an ARTS, CG, D, MU, NMU, R, RA, or RF zone | 20% |
From any zone other than a PDR zone to a D zone without a prescribed residential FAR | 20% |
All Other Map Amendments - Percent Increase in Total FAR Utilized as defined in Subtitle C § 1003.5(b) | Up to and including 20% | 12.5% |
More than 20% up to and including 40% | 14% |
More than 40% up to and including 60% | 16% |
More than 60% up to and including 80% | 18% |
More than 80% | 20% |
(b) An area equal to ten percent (10%) of the penthouse habitable space as described in Subtitle C §1500.11. This set-aside requirement shall be converted to net square footage pursuant to Subtitle C §1003.6.
1003.4An IZ Plus Inclusionary Development that employs Type I construction as classified in Chapter 6 of the District of Columbia Building Code (Title 12-A DCMR) to construct a majority of dwelling units shall set aside for Inclusionary Units the sum of (a) and (b):
(a) The greater of the percent of the residential gross floor area, as defined in Subtitle C §1003.5(a), excluding penthouse habitable space, set forth in the following table or seventy percent (70%) of the utilized bonus density based on the new zone: TABLE C § 1003.4 SET-ASIDE FOR INCLUSIONARY UNITS
Type of Map Amendment | Required Set-Aside |
From a PDR zone or unzoned land to an ARTS, CG, D, MU, NMU, R, RA, or RF zone | 20% |
From any zone other than a PDR zone to a D zone without a prescribed residential FAR | 20% |
All Other Map Amendments - Percent Increase in Total FAR Utilized as defined in Subtitle C § 1003.5(b) | Up to and including 20% | 8.5% |
More than 20% up to and including 50% | 10% |
More than 50% up to and including 75% | 12% |
More than 75% up to and including 100% | 14% |
More than 100% up to and including 125% | 16% |
More than 125% | 18% |
(b) An area equal to eight percent (8%) of the penthouse habitable space as described in Subtitle C §1500.11. This set-aside requirement shall be converted to net square footage pursuant to Subtitle C §1003.6.
1003.5For the purposes of this section:
(a) "Residential gross floor area" shall be the entire residential floor area including, but not limited to: (1) Dwelling units located in cellar space;(2) Enclosed building projections that extend into public space; and(3) Increases in FAR authorized by variances granted by the Board of Zoning Adjustment; and(b) "Percent Increase in Total FAR Utilized" shall be the percent increase from (1) to (2): (1) The maximum permitted FAR of the existing zone from which the Zoning Commission approved a map amendment subject to Subtitle X §502.1(b), as stated in the Zoning Commission order approving the map amendment pursuant to Subtitle X §502.4; and(2) The total FAR of the IZ Plus Inclusionary Development.1003.6The square footage required to be set-aside for Inclusionary Units pursuant to Subtitle C §§1003.1 through 1003.4 shall be converted to net square footage based on the ratio of net residential floor area to gross residential floor area. For purposes of this chapter, "net residential floor area" means:
(a) For flats and multiple dwellings, the area of a unit that is bounded by the inside finished surface of the perimeter wall of each unit including all interior walls and columns; and(b) For all other types of dwelling units and penthouse habitable space, the gross floor area.1003.7Except as provided in Subtitle C §§1003.8 through 1003.10, Inclusionary Zoning resulting from the set-asides required by Subtitle C §§1003.1 through 1003.4 shall be reserved for households earning equal to or less than:
(a) Sixty percent (60%) of the MFI for rental units; and(b) Eighty percent (80%) of the MFI for ownership units.1003.8One hundred percent (100%) of inclusionary units resulting from the set-aside required for penthouse habitable space shall be set aside for eligible households earning equal to or less than fifty percent (50%) of the MFI.
1003.9Except for Inclusionary Units resulting from the set-aside for penthouse habitable space, the square footage set aside established by Subtitle C §§1003.1 through 1003.4 applicable to an Inclusionary Development may be reduced by twenty percent (20%) if it complies with one or more of the following:
(a) All Inclusionary Units are ownership units and are set aside to households earning equal to or less than sixty percent (60%) of the MFI;(b) One hundred percent (100%) of Inclusionary Units in an IZ Plus Inclusionary Development are reserved for households earning equal to or less than fifty percent (50%) of the MFI; or(c) At least fifty percent (50%) of Inclusionary Units in an IZ Plus Inclusionary Development are three (3) bedroom or larger units; provided that the Zoning Administrator determines, pursuant to paragraph (d) of this subsection, that the request for this reduction demonstrates that the IZ Plus Inclusionary Development satisfies the following criteria: (1) A market study demonstrates that demand exists for Inclusionary Units with three (3) or more bedrooms in the neighborhood within a half-mile radius of the IZ Plus Inclusionary Development;(2) A floor plan demonstrates that three (3) bedroom or larger units represent a minimum of twenty percent (20%) of all units in the IZ Plus Inclusionary Development; and(3) Access to active outdoor space suitable for children is located in the IZ Plus Inclusionary Development or in a park or publicly accessible area located within one thousand feet (1,000 feet ft.); and(d) The Zoning Administrator shall base the determination required by paragraph (c) of this subsection on the written recommendations of the Office of Planning, which shall include consultation with the Department of Housing and Community Development and shall be submitted to the Zoning Administrator within forty-five (45) days of the filing of the request with the Zoning Administrator and Office of Planning.1003.10An Inclusionary Development that results from a conversion of a single dwelling unit or flat to a multiple dwelling unit development in an RF zone for four (4) or more dwelling units approved by the Board of Zoning Adjustment shall set aside every even numbered dwelling unit beginning at the fourth (4th) unit as an inclusionary unit reserved for eligible households earning equal to or less than eighty percent (80%) of the MFI.
1003.11An Inclusionary Development other than an IZ Plus Inclusionary Development shall be subject to the set-aside requirements of Subtitle C §§1003.12 and 1003.13 (instead of those of Subtitle C §§1003.1 and 1003.2) if:
(a) 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 Inclusionary Development; and(b) The plans filed with this building permit application are consistent with an unexpired approval for: (1) 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(2) A Mayor's Agent decision for which a final order was issued prior to January 1, 2022.1003.12An Inclusionary Development subject to Subtitle C §1003.11 that does not employ Type I construction as classified in Chapter 6 of the District of Columbia Building Code (Title 12-A DCMR) to construct a majority of dwelling units and which is located in a zone with a by-right height limit, exclusive of any bonus height, of fifty feet (50 ft.) or less shall set aside for Inclusionary Units the sum of the following:
(a) The greater of ten percent (10%) of the residential gross floor area as defined in Subtitle C §1003.5(a), excluding penthouse habitable space, or seventy-five percent (75%) of the bonus density utilized; and(b) An area equal to ten percent (10%) of the penthouse habitable space as described in Subtitle C §1500.11. This set-aside requirement shall be converted to net square footage pursuant to Subtitle C §1003.6.
1003.13An Inclusionary Development subject to Subtitle C §1003.11 that employs Type I construction as classified in Chapter 6 of the District of Columbia Building Code (Title 12-A DCMR) to construct a majority of dwelling units, or which is located in a zone with a by-right height limit, exclusive of any bonus height, that is greater than fifty feet (50 ft.), shall set aside for Inclusionary Units the sum of the following:
(a) The greater of eight percent (8%) of the residential gross floor area as defined in Subtitle C §1003.5(a), excluding penthouse habitable space, or fifty percent (50%) of the bonus density utilized; and(b) An area equal to eight percent (8%) of the penthouse habitable space as described in Subtitle C §1500.11. This set-aside requirement shall be converted to net square footage pursuant to Subtitle C §1003.6.
D.C. Mun. Regs. tit. 11, r. 11-C1003
Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 63 DCR 9110 (9/6/2016); amended by Final Rulemaking published at 63 DCR 015404 (6/5/2017); amended by Final Rulemaking published at 66 DCR 13705 (10/18/2019); 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 Errata Notice published at 69 DCR 14955 (12/9/2022); amended by Final Rulemaking published at 70 DCR 001923 (2/10/2023); amended by Final Rulemaking published at 70 DCR 11297 (8/25/2023)