D.C. Mun. Regs. tit. 11, r. 11-2602

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 11-2602 - APPLICABILITY

2602.1

Except as provided in § 2602.3, the requirements and incentives of this chapter shall apply to developments that:

(a) Are mapped within the R-2 through R-5-D, C-1 through C-3-C, USN, CR, SP, StE, and W-1 through W-3 Zone Districts, unless exempted pursuant to § 2602.3;

(b) Have ten (10) or more dwelling units (including off-site inclusionary units);

(c) Are either:

(1) New multiple-dwellings;

(2) New one (1)-family dwellings, row dwellings, or flats constructed concurrently or in phases on contiguous lots or lots divided by an alley, if such lots were under common ownership at the time of construction;

(3) An existing development described in subparagraph (i) or (ii) for which a new addition will increase the gross floor area of the entire development by fifty percent (50%) or more; or

(d) Consist of a residential building, other than a one (1)-family dwelling or flat, that has penthouse habitable space pursuant to § 411.16.

2602.2

A development with less than ten (10) dwelling units shall become subject to this chapter upon the filing of an application for a building permit to:

(a) Add one (1) or more dwelling units to a new development within a two (2)-year period after the issuance of the last certificate of occupancy, if the construction for which application has been filed would result in the development having ten (10) or more dwelling units;

(b) Convert a one (1)-family dwelling or flat to an apartment house in the R-4 Zone District for four (4) or more dwelling units approved by the Board of Zoning Adjustment; or

(c) Convert a non-residential building to an apartment house in the R-4 Zone District for ten (10) or more units.

2602.3

This chapter shall not apply to:

(a) Hotels, motels, or inns, except for new penthouse habitable space as described in § 2602.1(d);

(b) Dormitories or housing developed by or on behalf of a local college or university exclusively for its students, faculty, or staff;

(c) Housing that is owned or leased by foreign missions exclusively for diplomatic staff;

(d) Rooming houses, boarding houses, community-based residential facilities, or single room occupancy developments;

(e) Except for new penthouse habitable space as described in § 2602.1(d), properties located in any of the following areas:

(1) The Downtown Development or Southeast Federal Center Overlay Districts;

(2) The Downtown East, New Downtown, North Capitol, Southwest, or Capitol South Receiving Zones on February 12, 2007;

(3) The W-2 zoned portions of the Georgetown Historic District;

(4) The R-3 zoned portions of the Anacostia Historic District;

(5) The C-2-A zoned portion of the Naval Observatory Precinct District; and

(6) The Eighth Street Overlay; and

(f) Any development financed, subsidized or funded in whole or in part by the federal or District government and administered by the Department of Housing and Community Development (DHCD), the District of Columbia Housing Finance Agency, or the District of Columbia Housing Authority and that meets the requirements set forth in § 2602.7.

2602.4

Except as provided in §§ 2602.5, 2602.10, 2603.5, 2603.6, and 2607.1(c) or the Act, all inclusionary units created pursuant to this chapter shall be leased or sold only to eligible households for so long as the inclusionary development exists.

2602.5

An owner/occupant of an inclusionary unit may not sell the unit at a price greater than that established by the Mayor pursuant to § 103 of the Act unless the price is offered by the Mayor or a Housing Trust authorized by the Mayor.

2602.6

No eligible household shall be offered an inclusionary unit for rental or sale at an amount greater than that established by the Mayor pursuant to § 103 of the Act.

2602.7

A development exempted under § 2602.3(f) shall be subject to the following provisions:

(a) The development shall set aside, for low or moderate-income households, affordable dwelling units ("Exempt Affordable Units") equal to at least the gross square footage that would have been required pursuant to §§ 2603.1 and 2603.2. The terms "low-income household" and "moderate-income household" shall have the same meaning as given them by the federal or District funding source, or financing or subsidizing entity, and shall hereinafter be referred to collectively as "Targeted Households";

(b) The Exempt Affordable Units shall be reserved for the Targeted Households and sold or rented in accordance with the pricing structure established by the federal or District funding source, or financing or subsidizing entity, for so long as the project exists;

(c) The requirements set forth in § 2602.7(a) and (b) shall be stated as declarations within a covenant approved by the District; and

(d) The approved covenant shall be recorded in the land records of the District of Columbia prior to the date that the first application for a certificate of occupancy is filed for the project; except that for developments that include one-family dwellings, the covenant shall be recorded before the first purchase agreement or lease is executed.

2602.8

No exemption may be granted pursuant to § 2602.3(f) unless the Zoning Administrator receives a written certification from the DHCD Director that the development meets the requirements of § 2602.7(a) and (b).

2602.9

A development exempted by § 2602.3(f) may, nevertheless, utilize the bonus density and zoning modifications provided for in § 2604 and the zoning overlay provisions of Chapters 11 - 16, 18, or 19.

2602.10

The requirements of this chapter shall automatically terminate if title to the mortgaged property is transferred following foreclosure by, or deed-in-lieu of foreclosure to, a mortgagee in the first position, or a mortgage in the first position is assigned to the Secretary of the U.S. Department of Housing and Urban Development.

D.C. Mun. Regs. tit. 11, r. 11-2602

Final Rulemaking published at 53 DCR 7013 (August 25, 2006); as amended by Final Rulemaking published at 54 DCR 6943 (July 20, 2007); as amended by Final Rulemaking published at 55 DCR 2604 (March 14, 2008), as corrected by Errata Notice published at 58 DCR 4314, 4317 (May 20, 2011); as amended by Final Rulemaking & Order No. 04-33D published at 58 DCR 822 (January 28, 2011); as amended by Notice of Final Rulemaking published at 58 DCR 4788, 4815 (June 3, 2011); as amended by Final Rulemaking published at 60 DCR 4834 (March 29, 2013); as amended by Final Rulemaking published at 60 DCR 5144 (April 5, 2013); Amended by Final Rulemaking published at 62 DCR 8883 (6/26/2015); amended by Final Rulemaking published at 63 DCR 390 (1/8/2016); amended by Final Rulemaking published at 63 DCR 8118 (6/3/2016

Authority: The Zoning Commission for the District of Columbia (the "Commission"), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 and 6-641.0 ).