(7) Applicability of the Mixed Income Housing Bonus.

Bonuses available under the provisions of § 14-702(7) (Mixed Income Housing) may be earned only under the following conditions:

(a)   A development is not a Residential Housing Project under the definition provided in § 14-528(2); or

(b)   A Residential Housing Project meets the requirements of § 14-702(7)(b) in addition to, and not including, any dwelling units or payments in-lieu provided pursuant to the requirements of this section § 14-528.

§ 14-529. /VDO, Fifth District Overlay District. 574

 

Notes

574	Added, Bill No. 210078-A (approved April 28, 2021).

(1) Applicability.

The Fifth District Overlay District applies to lots located within District No. 5, as defined in Section 20-501 (Boundaries of Districts).

(2) Minimum Lot Area.

(a)   In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:

(.1)   At least seventy-five percent (75%) of lots adjacent to the lot to be divided is 1,000 sq. ft. or less;

(.2)   Each of the lots created is used for one single-family attached home; and

(.3)   Each of the lots created meets the minimum lot width requirement of the zoning district.

(b)   In the CMX-2 district, the number of permitted dwelling units is as follows, provided that, whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number:

(.1)   A maximum of two dwelling units are permitted for lots less than 1,440 sq. ft. in area;

(.2)   A maximum of three dwelling units are permitted for lots that are 1,440 sq. ft. to 1,919 sq. ft. in area; and a minimum of 480 sq. ft. of lot area is required per dwelling unit for the lot area in excess of 1,919 sq. ft.

(3) Accessory Dwelling Units.

Accessory dwelling units shall not be permitted in the RSA-5 and CMX-1 zoning districts, except within buildings or structures that meet the conditions of § 14-604(11)(d)(.1) (Historic Structures).

(4) Bonuses. 575

Lots shall not be eligible for any floor area, height, or dwelling unit density bonuses pursuant to § 14-702(7) ("Mixed Income Housing") or to § 14-702(16) ("Green Roof"), except as follows:

(a)   Lots located south of Spring Garden Street where less than fifty percent (50%) of gross floor area will be in residential use shall be eligible for bonuses pursuant to § 14-702(7) ("Mixed Income Housing"); and

(b)   Lots located south of Spring Garden Street where at least fifty percent (50%) of gross floor area will be in residential use shall be eligible for bonuses pursuant to § 14-702(7) ("Mixed Income Housing"), provided that bonuses may not be earned by entering into a payment in-lieu agreement, as otherwise provided in § 14-702(7)(b)(.6).

 

Notes

575	Added, Bill No. 210667 (approved November 17, 2021).

(5) Reserved. 576

 

Notes

576	Added, Bill No. 220414 (approved September 13, 2022). For effective date provisions, see note 165. Deleted, Bill No. 240244 (approved May 22, 2024).