3307.1 Except for lots located in the StE-2, StE-10, StE-14a, StE-14b, StE-18, or StE-19 subdistrict, two (2) or more lots in one (1) or more StE subdistrict(s) may be combined for the purpose of achieving the minimum required FAR equivalent of residential uses, subject to the following:

1. (a) The lots may be located in the same StE subdistrict or in different StE subdistricts;
2. (b) The lot(s) receiving residential gross floor area need not be located in a StE subdistrict with a residential requirement; and
3. (c) The total height and density limits of the subdistricts shall not be exceeded.

3307.2 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.

3307.3 The instrument shall be in the form of a declaration of covenants that:

1. (a) Is signed by the owners of all affected parcels;
2. (b) Runs with the land in perpetuity;
3. (c) Burdens all parcels involved in the allocation of gross floor area; and
4. (d) States the maximum permitted gross floor areas for all uses in all parcels, the maximum allowed gross floor area for nonresidential uses in all parcels and the gross floor area of nonresidential uses allocated. The covenant shall further state that, after the transfer, the combined lots conform to the maximum gross floor area limitations.

3307.4 The declaration of covenants shall expressly state that it may be substantively amended or terminated only with the approval of the Zoning Administrator.

3307.5 The declaration of covenants shall be approved in content by the Zoning Administrator and certified for legal sufficiency by the Office of the Attorney General. The declaration shall also contain a written statement by the Director of the D.C. Office of Planning attesting to:

1. (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 to the maximum gross floor area limitations for the lots before any such transfer.

SOURCE: Final Rulemaking published at 60 DCR 4834 (March 29, 2013); as amended by Final Rulemaking published at 63 DCR 4084 (March 18, 2016).