D.C. Mun. Regs. r. 11-3401

Current through Register Vol. 71, No. 33, August 16, 2024

Rule 11-3401 - APPLICABILITY TO GREEN AREA RATIO STANDARDS

3401.1

The requirements of this chapter shall become applicable October 1, 2013.

3401.2

Except as provided in § 3401.3 and pursuant to the conditions and requirements of this chapter, properties in zones listed in the following table shall provide a GAR as specified in the following table:

Zone District	Green Area Ratio
R-5-A and R-5-B	0.40
R-5-C, R-5-D and R-5-E C-1, C-2-A, C-2-B, C-2-B-1, and C-2-C W-1, W-2, W-3 SP-1, SP-2	0.30
C-3-A, C-3-B	0.25
C-3-C, C-4, C-5, CR and any property within the DDD overlay	0.20
CM-1. CM-2, CM-3, and M, * all structures except one story warehouses * one story warehouses	* 0.30 * 0.10

3401.3

The GAR standards set forth in this chapter shall apply to all new buildings and to all existing buildings where any additions, interior renovations, or both within any twelve (12) month period exceed one hundred percent (100%) of the assessed value of the building as set forth in the records of the Office of Tax and Revenue as of the date of the building permit application, except:

(a) Buildings that do not require certificates of occupancy;

(b) Municipal wastewater treatment facilities operated by the District of Columbia Water and Sewer Authority;

(c) The interior renovation of an existing building that:

(1) Is located in the Central Employment Area;

(2) Has an existing one hundred percent (100%) lot occupancy prior to the filing of the building permit;

(3) Has an existing roof that cannot support a dead load of four inches (4 in.) of growth medium on the roof; and

(4) The work proposed by the building permit application will not result in a roof capable of supporting a dead load of four inches (4 in.) of growth medium on the roof; or

(d) A historic resource and any additions thereto subject to the provisions of § 3401.7.

3401.4

Notwithstanding §§ 3202.4 and 3401.2, the provisions of this chapter shall not apply to any application for a building permit:

(a) That has been officially accepted by the Department of Consumer and Regulatory Affairs as being complete prior to October 1, 2013 if the building permit plans are consistent; or

(b) Filed on or after October 1, 2013 if the building permit plans are consistent with:

(1) An unexpired approval of a first stage, second stage, or consolidated planned unit development, variance, special exception, design review under the CG or SEFC overlay, or concept design by the Historic Preservation Review Board or Commission of Fine Arts; provided the vote to approve occurred prior to October 1, 2013;

(2) An unexpired approval of a variance, special exception, or design review under the CG or SEFC overlay granted on or after October 1, 2013, for which a public hearing was held prior thereto;

(3) An unexpired approval of a first stage, second stage, or consolidated planned unit development that was granted after October 1, 2013, but which was set down for a public hearing prior thereto;

(4) A Large Tract Review completed prior to July 1, 2012 subject to the following:

(A) The application shall be filed no later than July 1, 2014;

(B) The application shall be consistent with the conditions of the Large Tract Review;

(C) The building shall achieve a GAR of no less than 0.1; and

(D) This subparagraph shall expire on July 2, 2014.

3401.5

Any approved change or modification to a permit, project or application in § 3401.3 and 3401.4 that results in an increase in impervious surface or lot occupancy of twenty percent (20%) or more shall cause the GAR to be applicable for that portion of a project that is effected by the modification.

3401.6

In addition to meeting the applicable burden for obtaining further processing approval under a campus plan to construct or add to a building, the college or university applicant shall demonstrate the extent to which the building or addition meets the GAR standards. Further processing approval shall include the determination by the Commission that the proposed building is complaint with the intent of the GAR regulations.

3401.7

A historic resource and any additions thereto are exempt from the requirement of this chapter as a result of a change of use or an increase of intensity of use, except that this chapter shall be applicable when any addition results in an increase in the gross floor area of the historic resource by fifty percent (50%) or more. For the purposes of this chapter a "historical resource" is a building or structure listed in the District of Columbia Inventory of Historic Sites or a building or structure certified in writing by the State Historic Preservation Officer as contributing to the character of the historic district in which it is located.

3401.8

The cost basis for additions, alterations or repairs to an existing building shall be the amount indicated by the applicant on the application for a building permit.

D.C. Mun. Regs. r. 11-3401

Final Rulemaking published at 60 DCR 10077 (July 12, 2013); as amended by Final Rulemaking published at 60 DCR 16657 (December 6, 2013)

Amended by Final Rulemaking published at 62 DCR 5190 (4/24/2015)

Authority: Section 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 (2008 Repl.)).