D.C. Mun. Regs. tit. 11, r. 11-K511

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

Rule 11-K511 - CERTIFICATION OF COMBINED LOT DEVELOPMENTS

511.1

No allocation of gross floor area shall be effective unless an instrument, legally sufficient to effect such a transfer, 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.

511.2

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

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

(b) Is for the benefit of the District of Columbia;

(c) Runs with the land in perpetuity;

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

(e) Binds the present and future owners of the lot sending nonresidential gross floor area to forgo the nonresidential development and occupation of an on-site area equal to the amount of gross floor area of nonresidential uses transferred; and

(f) 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 for nonresidential uses on the lots before the transfer.

511.3

The declaration of covenants shall expressly state that it may be substantively amended or terminated only with the approval of the Zoning Commission, after public hearing, and only upon a finding that the proposed amendment or termination is fully justified and consistent with the purposes of this chapter.

511.4

The declaration of covenants shall be approved in content by the Zoning Administrator and certified for legal sufficiency by the Office of Zoning Legal Division. The declaration shall also contain a written statement by the Director of the Office of Planning attesting to:

(a) The lots' eligibility to allocate residential and nonresidential uses;

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

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

D.C. Mun. Regs. tit. 11, r. 11-K511

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 67 DCR 13131 (11/6/2020); amended by Final Rulemaking published at 68 DCR 892 (2/4/2022)