D.C. Mun. Regs. tit. 11, r. 11-I801

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

Rule 11-I801 - ACTIONS THAT GENERATE CREDITS

801.1

In the D-3 through D-8 zones, credits shall be generated by:

(a) The development of residential gross floor area, where either none is required or where the new residential gross floor area exceeds the minimum on-site residential requirements in Subtitle I, Chapter 5, pursuant to Subtitle I § 802;

(b) The development in the Downtown Arts Sub-Area of arts-related space, as defined in Subtitle I § 607.5, that exceeds the minimum on-site requirements of Subtitle I § 607, pursuant to Subtitle I § 803;

(c) The full rehabilitation of an "historic resource" as the quoted term is described in Subtitle I § 807.3, or a building that received its first certificate of occupancy prior to 1936, such properties relinquish unused development rights pursuant to Subtitle I § 807;

(d) The conversion of unallocated transferable development rights (as described in Subtitle I § 800.3 ), pursuant to Subtitle I § 806;

(e) The conversion of unallocated combined lot development rights (as described in Subtitle I § 800.3), pursuant to Subtitle I § 806; and

(f) The development of space within the Downtown Retail Core, Downtown Arts, or Chinatown Sub-Areas devoted to the following preferred uses pursuant to Subtitle I § 804:

(1) A licensed child development center or child development home; or

(2) A Certified Business Enterprise (CBE).

801.2 Each property is eligible to generate credits only once, unless:

(a) The use which originally generated credits has been in continual operation and is expanded in size;

(b) A new credit-generating use is added to the property and the use which originally generated credits remains in continual operation and is not decreased in size; or

(c) A new, larger credit-generating use replaces the credit-generating use which originally generated credits, in which case the net increase in credit-generating floor area may be used to generate additional credits.

D.C. Mun. Regs. tit. 11, r. 11-I801

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