D.C. Mun. Regs. tit. 11, r. 11-1905

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 11-1905 - COMBINED LOT DEVELOPMENT (ARTS)

1905.1

Two (2) or more lots may be combined for the purposes of transferring bonus density and allocating the permitted mixture of uses among development sites; provided:

(a) The lots may be located in the same square or in different squares within the ARTS Overlay District;

(b) The maximum permitted floor area for all uses and the maximum floor area for nonresidential uses shall be calculated as if the lots were one lot, and the total project shall conform with both limitations;

(c) Bonus floor area earned by the provisions of § 1904 may be developed on any lot or combination of lots governed by the covenant required by paragraph (f) of this subsection; provided, no development on any lot shall exceed the maximum height and bulk standards in §§ 1902 and 1904.1(b), unless otherwise permitted by § 1909; and provided further, the ground level uses required by § 1901.1 shall not be transferred, but shall be provided on each lot;

(d) In the underlying CR District, the provisions of this section shall apply in lieu of §§ 631.3 and 631.4;

(e) If a combined lot development involves the transfer of bonus density or allocates residential development rights from one lot to another, the Certificate of Occupancy for the bonus floor area for the nonresidential building shall not be issued until a building permit has been issued for the building that will provide the residential or other preferred uses;

(f) No transfer of floor area for preferred uses or of bonus floor area shall be effective under this section unless an instrument, legally sufficient in both form and content to effect such a transfer, in a form approved by the Office of the Attorney General, has been entered into among all of the parties concerned, including the District of Columbia;

(g) A certified copy of the instrument of transfer shall be filed with the Zoning Administrator before approval by the Department of Consumer and Regulatory Affairs of any building permit application affected by such transfer;

(h) The document shall be recorded in the Office of the Recorder of Deeds, serving as a notice both to the receiving lot and sending lot of the transfer of floor area for preferred uses or of bonus floor areas; and

(i) The notice of restrictions and transfer shall run with the title and deed to each affected lot.

D.C. Mun. Regs. tit. 11, r. 11-1905

Final Rulemaking published at 37 DCR 1392, 1400 (February 23, 1990); as amended by Final Rulemaking published at 39 DCR 8323, 8326 (November 13, 1992); and Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8493-94 (October 20, 2000); as amended by Final Rulemaking published at 55 DCR 2604 (March 14, 2008); as corrected by Errata Notice published at 58 DCR 4314, 4316 (May 20, 2011)

Authority: The Zoning Commission for the District of Columbia (the "Commission"), pursuant to its authority under §§ 1, 3, and 8 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 798, and 799; D.C. Official Code §§ 6-641.01, 6-641.03, and 6-641.07 ).