D.C. Mun. Regs. tit. 11, r. 11-X303

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 11-X303 - PLANNED UNIT DEVELOPMENT FLEXIBILITY
303.1

As part of the PUD process, the Zoning Commission may grant the following relief:

(a) Relief from any development standards established in the corresponding zone, which shall be considered a type of development flexibility against which the Zoning Commission shall weigh the benefits of the PUD;
(b) The Commission may permit one or more specific uses within a PUD that are not otherwise permitted by the PUD-related zone after a determination by the Commission that the use(s) are compatible with the PUD, which shall be considered a type of development flexibility against which the Zoning Commission shall weigh the benefits of the PUD; and
(c) Housing credits and arts credits are not eligible for flexibility through the PUD process.
303.2

If the boundary of the PUD includes more than one (1) zone, the FAR of all buildings proposed within the PUD shall not exceed the aggregate of the FAR as permitted in the zones included within the PUD boundary, as that may be increased by Subtitle X §§ 303.3.

303.3

Except as limited in Subtitle X §§ 303.5 and 303.6, the Zoning Commission may increase the maximum total density permitted on the PUD site as follows:

(a) In any R, RF, or RA-1 zone, by no more than the aggregate of the floor area ratio of all buildings as permitted in the following table:

TABLE X §§ 303.3(b): MAXIMUM AGGREGATE FLOOR AREA RATIO

Zones

Maximum Residential FAR

Maximum Non-Residential FAR

Maximum Total FAR

R-1

R-2

0

4

N/A

0.4

R-3

0.6

N/A

0.6

RF

RA-1

1.0

N/A

1.0

(b) In all other zones, by no more than twenty percent (20%) of that maximum matter-of-right permitted by the zone(s) associated with the PUD. As part of the twenty percent (20%) increase, the Zoning Commission may increase the maximum density for non-residential uses by no more than thirty-four percent (34%) of the maximum matter-of-right non-residential density permitted within the zone associated with the PUD.
303.4

The twenty percent (20%) PUD related increase in density permitted pursuant to Subtitle X §§ 303.3(b) may be calculated using the matter-of-right density and the IZ bonus density only when the PUD includes a full allocation of Inclusionary Zoning units consistent with Subtitle C, Chapter 10.

303.5

The matter-of-right floor area ratio limits shall serve as the density guidelines for a PUD in the NMU zones.

303.6

The matter-of-right floor area ratio limits shall serve as the maximum permitted density for a PUD in the following zones:

(a) MU-1/DC, MU-2/DC, MU-4/DC, MU-5A/DC, MU-6B/DC, MU-8B/DC, MU-9B/DC, and MU-10/DC;
(b) RF-1/DC; and
(c) RA-2/DC, RA-4/DC, and RA-5/DC.
303.7

Except as permitted for a penthouse or rooftop structure pursuant to Subtitle X §§ 303.18, no building or structure shall exceed the maximum PUD height permitted in the least restrictive zone within the PUD site as set forth in the following table; provided, that the Zoning Commission may authorize the deviations permitted pursuant to Subtitle X §§ 303.10:

TABLE X §§ 303.7: MAXIMUM PERMITTED PUD BUILDING HEIGHT

Zones

Maximum PUD Height (ft.) Number of Stories (if applicable)

RF-1, RF-4, RF-5

50

RA-1, RA-2

60

RA-3

75

RA-4, RA-5

90

MU-1

75

MU-2

90

MU-3

40

MU-4

65

MU-5

90

MU-6

110

MU-7, MU-8

90

MU-9

130

MU-10

110

MU-11

40

MU-12

60

MU-13

80

MU-14

100

MU-15

130

D zones

As permitted in Subtitle I

PDR-1, PDR-2

60

PDR-3, PDR-4

90

RF-1/CAP

RA-2/CAP

MU-2/CAP

MU-4/CAP

MU-4/CAP/CHC

40/ 3 stories

RA-2/RC

40/ 3 stories

RA-1/NO

40/ 3 stories

MU-4/NO

40

MU-7B/FT

80

NMU Zones

In the NMU zones, the matter-of-right height limits shall serve as the guidelines for a PUD.

RF-1/DC

RA-2/DC

RA-4/DC

RA-5/DC

MU-1/DC

MU-2/DC

MU-4/DC

MU-5A/DC

MU-6B/DC

MU-8B/DC

MU-9B/DC

MU-10/DC

The matter-of-right height limits shall serve as the maximum permitted height for a PUD.

303.8

In the NMU-4/GA and NMU-5A/GA zones, any additional height and floor area above that permitted as a matter of right shall be for residential use only.

303.9

In the NMU-4/H-H, NMU-5A/H-H, NMU-6B/H-H, NMU-7B/H-H, and NMU-8B/H-H zones, any additional height and floor area above that permitted as a matter of right shall be used only for housing or the preferred uses of these zones.

303.10

The Zoning Commission may authorize the following increases; provided, that the increase is essential to the successful functioning of the project and consistent with the purposes and evaluation standards of this chapter:

(a) An increase of not more than five percent (5%) in the maximum building height but not the maximum penthouse or rooftop structure height; or
(b) An increase of not more than five percent (5%) in the maximum density.
303.11

The amount of flexibility from all other development standards not addressed by this section shall be at the discretion of the Zoning Commission.

303.12

A PUD-related zoning map amendment shall be considered flexibility against which the Zoning Commission shall weigh the benefits of the PUD.

303.13

As part of any PUD, the applicant may request approval of any relief for which special exception approval is required. The Zoning Commission shall apply the special exception standards applicable to that relief, unless the applicant requests flexibility from those standards. Any such flexibility shall be considered the type of development flexibility against which the Zoning Commission shall weigh the benefits of the PUD.

303.14

As part of any PUD, the applicant may request the Zoning Commission to grant an area variance to permit additional height and density beyond that permitted by this subsection. The Zoning Commission shall apply and not deviate from the variance standard stated at Subtitle X, Chapter 10.

303.15

The PUD height and density standards for the special purpose zones are contained in Subtitle K for those zones.

303.16

An electronic equipment facility (EEF) may occupy more than fifty percent (50%) of the gross floor area of a building in the MU-7, MU-8, MU-9, MU-30 or any D zone, if approved as part of a PUD in accordance with the requirements of this chapter and subject to the following additional criteria:

(a) The aggregate total area to be devoted to EEF use may not exceed fifty percent (50%) of the permitted gross floor area of the entire project; and
(b) The EEF shall be located on a portion of the lot that does not directly front on a street so as to preclude retail, service, and office uses from being developed on the street frontage of the project.
303.17

Any additional density (whether residential or non-residential) or development rights granted through a PUD, including PUD-related map amendments, cannot be transferred as part of a combined lot development

303.18

Except as limited by geographically modified zones, the matter-of-right penthouse and rooftop structure height and number of story limits shall serve as the maximum permitted penthouse and rooftop structure height and stories for a PUD except in the following zones:

TABLE X §§ 303.18: MAXIMUM PUD PENTHOUSE AND ROOFTOP STRUCTURE HEIGHT AND NUMBER OF STORIES

Zones

Maximum Height

Maximum Number of Stories

RA-1

12 ft.;

except 15 ft. for penthouse mechanical space

1;

second story permitted for penthouse mechanical space

MU-4

MU-12

NMU-4

ARTS-1

CG-6

PDR-1

12 ft.;

except 18 ft. 6 in. for penthouse mechanical space

1;

second story permitted for penthouse mechanical space

RA-3

MU-1

20 ft.

1;

second story permitted for penthouse mechanical space

MU-5

MU-7

MU-8

NMU-5

NMU-7

NMU-8

ARTS-2

PDR-2

20 ft.

1 plus mezzanine;

second story permitted for penthouse mechanical space

D.C. Mun. Regs. tit. 11, r. 11-X303

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 63 DCR 10932 (9/6/2016); amended by Final Rulemaking published at 64 DCR 7264 (7/28/2017); amended by Final Rulemaking published at 65 DCR 11927 (10/26/2018); amended by Final Rulemaking published at 68 DCR 13834 (12/24/2021); amended by Final Rulemaking published at 70 DCR 11297 (8/25/2023); amended by Final Rulemaking published at 71 DCR 9667 (8/2/2024)