1909.1 ARTS Overlay developments subject to the affordability requirements of Chapter 26 Inclusionary Zoning may use the following modifications to height and lot occupancy in order to achieve the bonus density permitted by § 2604.1:

1. (a) In the ARTS/C-2-A Overlay District:
2. (1) The floor area ratio shall not exceed 3.0 FAR;
3. (2) The residential lot occupancy shall not exceed seventy-five percent (75%); and
4. (3) The building height shall not exceed fifty (50) feet;
5. (b) In the ARTS/C-2-B Overlay District:
6. (1) The floor area ratio shall not exceed 4.2 FAR;
7. (2) The residential lot occupancy shall not exceed eighty percent (80%); and
8. (3) The building height shall not exceed seventy (70) feet;
9. (c) In the ARTS/C-3-A Overlay District:
10. (1) The floor area ratio shall not exceed 4.8 FAR;
11. (2) The residential lot occupancy shall not exceed eighty percent (80%); and
12. (3) The maximum building height shall not exceed seventy-five (75) feet and shall be subject to the setback requirements of § 1902.1 (b); and
13. (d) In the ARTS/CR Overlay District:
14. (1) The floor area ratio for new construction shall not exceed 7.2 FAR;
15. (2) The residential lot occupancy shall not exceed eighty percent (80%); and
16. (3) The maximum building height shall not exceed one hundred (100) feet and shall be subject to the setback requirements of § 1902.2.

1909.2 Bonus density achieved via § 1904.2 does not add to the set-aside requirement of § 2603.

SOURCE: Final Rulemaking published at 55 DCR 2604 (March 14, 2008); as corrected by Errata Notice published at 58 DCR 4314, 4316 (May 20, 2011).