D.C. Mun. Regs. tit. 11, r. 11-K1002

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 11-K1002 - INCLUSIONARY ZONING (NHR)

1002.1

The Inclusionary Zoning (IZ) requirements, and the available IZ modifications to certain development standards, shall apply to the NHR zone as specified in Subtitle C, Chapter 10, and as modified by this chapter, which shall govern in any conflict with the provisions of Subtitle C, Chapter 10.

1002.2

No bonus density, as made available in Subtitle C § 1002, shall be available in the NHR zone.

1002.3

Residential development in the NHR zone shall set a side for IZ the following square footage:

(a) Twelve percent (12%) of the gross floor area dedicated to residential use, excluding penthouse habitable space; and

(b) The equivalent of eight percent (8%) of the gross floor area of any residential penthouse habitable space.

1002.4

Inclusionary units resulting from the set-aside required by Subtitle K § 1002.3 shall be reserved as follows:

(a) At least twenty-five percent (25%)of the set-aside required by Subtitle K § 1002.3(a) shall be reserved for households earning equal to or less than fifty percent (50%) of the Median Family Income (MFI), with the remainder reserved for households earning equal to or less than sixty percent (60%) of the MFI; and

(b) One hundred percent (100%) of the set-aside required by Subtitle K § 1002.3(b) shall be reserved for households earning equal to or less than fifty percent (50%) of the MFI.

1002.5

A minimum of twenty- five percent (25%) of the total IZ set-aside requirement shall be three-(3)-bedroom units.

1002.6

Any non-residential penthouse habitable space shall be subject to the affordable housing production requirements of Subtitle C § 1507.1.

1002.7

Any affordable housing generated in excess of that required by Subtitle K § 1002.3 (a) shall be reserved for households earning equal to or less than sixty percent (60%) of the MFI.

D.C. Mun. Regs. tit. 11, r. 11-K1002

Final Rulemaking published at 65 DCR 15997 (12/6/2019); amended by Final Rulemaking published at 68 DCR 13834 (12/24/2021)