D.C. Mun. Regs. tit. 11, r. 11-C1007

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

Rule 11-C1007 - RELIEF FROM INCLUSIONARY ZONING REQUIREMENTS

1007.1

The Board of Zoning Adjustment is authorized to grant partial or complete relief from the requirements of Subtitle C § 1003 upon a showing that compliance, whether on-site, off-site, or a combination thereof, would deny an inclusionary development owner economically viable use of its land.

1007.2

An application from an inclusionary development owner for a variance from the requirements of Subtitle C § 1003 shall not be granted unless the Board of Zoning Adjustment has determined that the applicant cannot comply with the provisions of Subtitle C § 1006 based on evidence provided by the applicant, and has voted to deny an application for relief pursuant to this section or Subtitle C § 1006.

1007.3

The Zoning Commission may grant relief from the requirements of this chapter to an owner/occupant of an inclusionary unit on the consent calendar authorized by Subtitle Z § 703 provided:

(a) Condominium or homeowner association fees have increased to make the unit unaffordable to other Eligible IZ Households as defined by Title 14, Chapter 22; and

(b) The application for relief includes written confirmation of Subtitle C § 1007.3(a) from the Director of DHCD; and

(1) The IZ covenant remains and the unit is sold at the Maximum Resale Price (MRP) as determined by 14 DCMR § 2218 if the income of the Eligible IZ Household purchasing the unit does not exceed eighty percent (80%) of the MFI; or

(2) If the IZ covenant is terminated and the unit is sold above the Maximum Resale Price, a fee equal to any net proceeds from the sale that are above and beyond the MRP are deposited into the District's Housing Trust Fund.

D.C. Mun. Regs. tit. 11, r. 11-C1007

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 63 DCR 015404 (6/5/2017)