D.C. Mun. Regs. tit. 11, r. 11-K802

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

Rule 11-K802 - BONUS DENSITY (ARTS)

802.1

A project shall be eligible for bonus density for space devoted to one (1) or more of the preferred arts uses of Subtitle K § 802.2, subject to the following provisions:

(a) Bonus density may be used either to increase the gross floor area of the building for any permitted use up to the maximum density specified in paragraph (b) of this subsection, or to provide nonresidential uses or development in excess of the otherwise applicable limitation on the gross floor area of nonresidential uses in the underlying zone district;

(b) No building that uses bonus density shall achieve a maximum density in excess of the following:

(1) 3.0 FAR in the ARTS-1 zone,

(2) 4.5 FAR in the ARTS-2 or ARTS-3 zones, or

(3) 6.0 FAR in the ARTS-4 zone; and

(c) No property subject to Subtitle C, Chapter 10, shall be eligible for bonus gross floor area under this chapter unless it has met the set-aside requirements and used all the bonus density available through Subtitle C, Chapter 10.

802.2

The following preferred uses shall be eligible for bonus floor area at the ratio indicated:

TABLE K § 802.2: PREFERRED USES FOR BONUS FLOOR AREA

Preferred Use	GFA devoted to the bonus use	Proportionate number of sq. ft. of additional GFA earned for on-site or off-site development
Legitimate theater;	1	3
Department store, drugstore, dry cleaner, laundry, grocery store, hardware store, variety store, and any use listed in Subtitle U § 700.6 other than legitimate theater or drinking places;	1	2
Any general retail use or use listed in Subtitle U, Chapter 7, in excess of the required 0.5 FAR at ground level; not to be counted in addition to bonus floor area ; and	1	1.5
Space in a building constructed before 1958 and occupied by one (1) of the uses listed in paragraphs (a) through (d); provided, that this bonus shall count in addition to any applicable use bonus.	1	1

802.3

A building that includes 3.0 FAR or more devoted to residential use is entitled to a bonus of 0.5 FAR.

802.4

Bonus density achieved through the provision of preferred uses under the provision of this chapter does not add to the set-aside requirement of Inclusionary Zoning in Subtitle C, Chapter 10.

802.5

An existing legitimate theater shall be eligible for the bonus indicated; provided, if the theater company goes out of business or leaves the area governed by this chapter, the owner-developer shall make every good faith effort to transfer the agreement to another theater company to occupy the same or different premises of similar size; failing which, the owner-developer shall apply to the Board of Zoning Adjustment for a special exception pursuant to Subtitle X and Subtitle K § 813, at which proceeding the Board and the applicant shall give first preference to substituting another bonus use from Subtitle K § 802 in place of the prior theater use.

D.C. Mun. Regs. tit. 11, r. 11-K802

Final Rulemaking published at 63 DCR 2447 (9/6/2016)