D.C. Mun. Regs. tit. 11, r. 11-I800

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

Rule 11-I800 - INTRODUCTION TO THE CREDIT SYSTEM

800.1

Within the D zones, market forces or other conditions may favor the development of one (1) type of use over another in an area at any given time. To help ensure the provision of the range of uses essential to a successful downtown, Subtitle I, Chapters 8 and 9 provide for the generation and use of a credit system to incentivize the development of a mix of uses in the D zones.

800.2

A credit is generated by the development of residential, arts, or preferred uses, pursuant to Subtitle I §§ 802 through 804, on a lot, and may also be generated on historic properties under the circumstances described in Subtitle I § 807.

800.3

Properties that generated allocable gross floor area, either as Transferable Development Rights ("TDR") or Combined Lot Development ("CLD") rights under Chapter 17 of the 1958 Zoning Regulations as the result of the recordation of a covenant required by that chapter, may have those CLD or TDR Rights converted to credits pursuant to Subtitle I § 806 to the extent the Rights were not allocated prior to the effective date of this title to another lot or, also in the case of TDR Rights, to an entity or individual for future re- transfer ("Unallocated TDR/CLD Rights"). To be recognized as an Unallocated TDR/CLD Right, the TDR or CLD covenant must have included a declaration binding present and future owners to reserve and maintain in perpetuity the square footage of the uses that generated the TDR/CLD Rights for which conversion is sought.

800.4

Any CLD Right allocated to a lot by a recorded CLD covenant or any TDR Right allocated to a lot or to an entity or individual pursuant to a certificate of transfer of transferrable development rights made pursuant to the 1958 Regulations ("Allocated TDR/CLD Rights") is fully vested and may be used for the purposes authorized the 1958 Zoning Regulations; provided that the recordation of the covenant or certificate occurred prior to the effective date of this title.

800.5

Notwithstanding Subtitle I § 800.4, an entity or individual owning Allocated TDR Rights transferred for its use or re-transfer through one or more certificates of transfer of development rights made pursuant to the 1958 Zoning Regulation may, as to each certificate, elect to have all of those rights treated as Unallocated TDR Rights that may be converted to credits pursuant to Subtitle I § 806 if:

(a) The entity or individual purchased the Allocated TDR Rights for resale for use on a receiving lot as permitted by § 1709.9 of the 1958 Zoning Regulations and the Allocated TDR Rights were not transferred to a lot; or

(b) The entity or individual purchased the Allocated TDR Rights for use on their property and either:

(1) The Allocated TDR Rights were not used to increase development rights on the property; or

(2) The Allocated TDR Rights were used to increase development rights on the property and the building that utilized the development rights is destroyed or demolished; provided that property shall be divested of the development rights attributable to the TDR Rights converted to credits.

800.6

Rules governing the use of credits are set forth in Sub title I § 900.

D.C. Mun. Regs. tit. 11, r. 11-I800

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 64 DCR 000022 (1/6/2017)