D.C. Mun. Regs. tit. 11, r. 11-K1105

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

Rule 11-K1105 - AFFORDABLE HOUSING (BF)

1105.1

Affordable housing shall be provided in the BF zones as described in this section. The provisions of Subtitle C, Chapter 10, shall not apply to the BF zones, except that the relevant penthouse habitable space affordable housing provisions pursuant to Subtitle C § 1500.112 shall apply to the BF zones.

1105.2

The purposes of this section are to:

(a) Ensure the provision of a significant amount of affordable housing, including for very low-income households; and

(b) Ensure that the affordable housing is distributed throughout the BF zones.

1105.3

The FAR, lot occupancy, and height listed in the Development Standards for each BF zone shall serve as the maximum permitted density and building envelopes for buildings and structures, including for the provision of affordable units.

1105.4

The affordable housing requirement for the entire BF zones shall consist of no less than three hundred and eighty (380) affordable dwelling units that shall be provided as D.C. Housing Authority replacement public housing units ("Affordable Replacement Unit"), subject to the following:

(a) The Affordable Replacement Units shall be subject to and comply with the requirements of Subtitle C § 1001.6(a);

(b) Each application for a building permit for a residential use for a property in a BF zone shall include the following information in tabular and map format of how the provisions of this section are being met:

(i) The number and type of Affordable Replacement Units proposed to be constructed by the building permit application;

(ii) The number and type of Affordable Replacement Units for which a building permit has been issued, together with the location and status of completion of each unit; and

(iii) The number and type of Affordable Replacement Units that have yet to be provided, together with the planned location and the anticipated date of building permit application and construction of each remaining unit; and

(c) A copy of the information required by Subtitle K § 1105.4(b) shall be submitted to the Zoning Administrator and the Zoning Commission case record for Z.C. Case No. 20-24.

1105.5

Each application for a building permit for a residential use shall include in tabular and map format a description of which Affordable Replacement Units have been provided to date and where, which Affordable Replacement Units have yet to be provided and where they are anticipated to be provided, and how the provisions of this section are being met.

1105.6

Affordable units arising from penthouse habitable space pursuant to Subtitle C §§ 1500.11 and 1500.12 shall be provided in accordance with the relevant provisions of Subtitle C, Chapter 10 for residential penthouse habitable space or Subtitle C § 1505 for non-residential penthouse space, expect that such units may be located anywhere within the BF zones.

D.C. Mun. Regs. tit. 11, r. 11-K1105

Final Rulemaking published at 68 DCR 14144 (12/31/2021)