D.C. Mun. Regs. tit. 10, r. 10-B6699

Current through Register Vol. 71, No. 36, September 6, 2024
Rule 10-B6699 - DEFINITIONS

When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Affordable housing unit - a housing unit that is affordable to, and set aside for, households meeting the income limits required by §§6602.1(c) of this chapter.

Bedroom - a room in a development, with immediate access to an exterior window and a closet, that is designated as a "bedroom" or "sleeping room" on construction plans submitted with an application for a building permit for the development.

CBE Act - the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code §§ 2-218.01 et seq.).

Certificate of inclusionary zoning compliance - the certificate approved by the Department of Buildings in accordance with Section 105 of the Inclusionary Zoning Implementation Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-275; D.C. Official Code §§ 6-1041.05).

Certificate of occupancy - a document issued by the Department of Buildings pursuant to 12A DCMR §§110.4.1. If more than one certificate of occupancy is issued for the development, then the latest issued certificate of occupancy shall be used for approvals and determining the start of the tax abatement under this chapter.

Certified business enterprise - a business enterprise or joint venture certified pursuant to the CBE Act.

Change in use - a change in use from non-residential use to residential use through any manner of conversion, including adaptive reuse or full redevelopment.

Competitive process - a request for applications or similar process by which applications for tax abatements under this chapter are solicited or accepted by DMPED.

Developer - an individual or entity that is engaged by an owner to design and construct a development.

Development - the buildings or improvements constructed or redeveloped that include housing units on or within a parcel. If a building includes multiple uses, only the portion of the building comprising the housing units and common areas solely serving the housing units, including lobbies, stairwells, elevators, loading docks, and amenity space, shall be considered the development under this chapter.

DMPED - the Office of the Deputy Mayor for Planning and Economic Development.

Eligible area - the area described in D.C. Official Code §§ 47-860.01(2)(A), and such other portions of the central business district, described as follows:

The geographic area beginning at the intersection of Florida Avenue, N.W., and 20th Street, N.W.; continuing south along 20th Street, N.W., to Connecticut Avenue, N.W.; continuing southeast along Connecticut Avenue, N.W., to Dupont Circle, N.W.; continuing clockwise around Dupont Circle, N.W., to Massachusetts Avenue, N.W.; continuing southeast along Massachusetts Avenue, N.W., to Scott Circle, N.W.; continuing clockwise around Scott Circle, N.W., to Massachusetts Avenue, N.W.; continuing southeast along Massachusetts Avenue, N.W., to Thomas Circle, N.W.; continuing clockwise around Thomas Circle, N.W., to Massachusetts Avenue, N.W.; continuing southeast along Massachusetts Avenue, N.W., to Mount Vernon Place, N.W.; continuing east along Allen Y. Lew Place (formerly Mount Vernon Place), N.W., to 7th Street, N.W.; continuing south along 7th Street, N.W., to Massachusetts Avenue, N.W.; continuing southeast along Massachusetts Avenue, N.W., to North Capitol Street; continuing south along North Capitol Street to Louisiana Avenue, N.W.; continuing southwest along Louisiana Avenue, N.W., to Constitution Avenue, N.W.; continuing west along Constitution Avenue, N.W., through the intersection with Pennsylvania Avenue, N.W., to 15th Street, N.W.; continuing north along 15th Street, N.W., to H Street, N.W.; continuing west along H Street, N.W., to 17th Street, N.W.; continuing south along 17th Street, N.W., to Constitution Avenue, N.W.; continuing west along Constitution Avenue, N.W., to Virginia Avenue, N.W.; continuing northwest along Virginia Avenue, N.W., to D Street, N.W.; continuing west along D Street, N.W., to 23rd Street, N.W.; continuing north along 23rd Street N.W., to Washington Circle, N.W.; continuing clockwise around Washington Circle, N.W., to Pennsylvania Avenue, N.W.; continuing northwest along Pennsylvania Avenue, N.W., to 25th Street, N.W.; continuing north along 25th Street, N.W., to N Street, N.W.; continuing east along N Street, N.W., to 22nd Street, N.W.; continuing north along 22nd Street, N.W., to Florida Avenue, N.W.; continue northeast along Florida Avenue, N.W., to 20th Street, N.W. (the starting point).

First Source Agreement - an agreement with the District governing certain obligations of the developer regarding job creation and employment, pursuant to Section 4 of the First Source Employment Agreement Act of 1984, effective June 29, 1984 (D.C. Law 5-93; D.C. Official Code §§ 2-219.03) and Mayor's Order 83-265, dated November 9, 1983.

Household - all persons who will occupy an affordable housing unit, which may, subject to occupancy standards contained in Title 14 Chapter 22 of the DCMR, be:

(a) A single family;
(b) One (1) person living alone;
(c) Two (2) or more families living together; or
(d) Any other group of related or unrelated persons who share living arrangements.

Housing unit - any room or group of rooms forming a single unit that is used or intended to be used for living, sleeping, and the preparation and eating of meals, and that is located within a building that is wholly or partially used or intended to be used for living and sleeping by human occupants.

Inclusionary Zoning Program - the provisions of the Inclusionary Zoning Regulations and the Inclusionary Zoning Implementation Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-275; D. C. Official Code §§6-1041.01 et seq.).

Inclusionary Zoning Regulations - the regulations published at Title 14, Chapter 22 of the District of Columbia Municipal Regulations and at Title 11-C, Chapter 10 of the District of Columbia Municipal Regulations.

Land records - the land records of the Office of the Recorder of Deeds.

Median family income - the median family income for a household in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by United States Department of Housing and Urban Development (HUD), adjusted for family size without regard to any adjustments made by HUD for the purposes of the programs it administers.

Non-residential use - a use category defined in 11-B DCMR §§200.2 other than residential.

Operations - all property maintenance, resident services, and related functions necessary to operate and maintain a development.

Owner - the owner(s) of the fee simple interest in parcel on or in which a development is constructed or redeveloped.

Parcel - the parcel(s) of land or air lots on or in which a development is constructed and operated.

Real property - the parcel and the improvements comprising the development.

Residential use - the use category as defined in 11-B DCMR §§200.2(aa).

Sale - sale as defined in Section 402 of the Tenant Opportunity to Purchase Act of 1980, effective September 10, 1980 (D.C. Law 3-86; D.C. Official Code §§ 42-3404.02).

D.C. Mun. Regs. tit. 10, r. 10-B6699

Final Rulemaking published at 71 DCR 3248 (3/22/2024)