D.C. Mun. Regs. tit. 11, r. 11-K1009

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

Rule 11-K1009 - COMBINED LOT (NHR)

1009.1

Two (2) or more lots in the NHR zone may be combined for the purpose of achieving the minimum residential FAR required for all of the lots, provided that the total density limits of the zone shall not be exceeded, except that the maximum floor area on any one (1) lot in the combined lot shall not exceed 10.0 FAR.

1009.2

No allocation of gross floor area shall be effective unless an instrument is filed with the Zoning Administrator and recorded by the Recorder of Deeds in the land records against all lots included in the combined lot development.

1009.3

The instrument shall be in the form of a declaration of covenants that:

(a) Is signed by the owners of all affected lots;

(b) Runs with the land in perpetuity;

(c) Burdens all lots involved in the allocation of gross floor area; and

(d) States the maximum permitted gross floor areas for all uses in all lots, the maximum allowed gross floor area for nonresidential uses in all lots and the gross floor area of nonresidential uses allocated. The covenant shall further state that, after the transfer, the combined lots conform with the maximum gross floor area limitations.

1009.4

The declaration of covenants shall also contain a written statement by the Director of the Office of Planning attesting to:

(a) The accuracy of the computations with respect to the amount of residential and nonresidential uses allocated; and

(b) Whether, after the transfer, the combined lots will conform with the maximum gross floor area limitations for the lots before any such transfer.

1009.5

The declaration of covenants shall expressly state that it may be amended or terminated only with the prior approval of the Zoning Administrator.

1009.6

The declaration of covenants shall be approved in content by the Zoning Administrator, who may, in his or her discretion, request the Office of Zoning Legal Division to undertake a legal sufficiency review.

D.C. Mun. Regs. tit. 11, r. 11-K1009

Final Rulemaking published at 65 DCR 15997 (12/6/2019); amended by Final Rulemaking published at 68 DCR 930 (2/4/2022)