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The bonus for public art is a mechanism to expand and enrich the public's experience and enjoyment of buildings and public space and to create buildings and public space that is designed and executed with diverse and high quality materials, activities, and furnishings. In order to comply with this subsection, all of the following conditions must be met:
(a) Qualifying Criteria.
(.1) Qualifying Items.
The items or programs provided to earn this bonus must meet the definition of "On-site Public Art" or "On-site Cultural Programming" in Chapter 14-200 (Definitions). It is not the intention of these requirements to allow decorative, ornamental, or functional elements of the building or public space that are not designed by an artist and created specifically for the site, nor to have landscaped areas or other furnishings or elements required by this Zoning Code, to qualify as part of the public art requirement.
(.2) Commercial Activity Does Not Qualify.
Items, functions, and events for which an admission, viewing, or participation fee is charged, such as theatrical productions, movies, commercial art galleries, exhibits of items for sale; or that are primarily designed to advertise or promote a commercial good or service, do not satisfy the requirements of this § 14-702(5) (Public Art).
(.3) Location.
Public art shall be located upon the building or within public spaces created to meet the requirements of § 14-702(6) (Public Space), § 14-702(8) (Transit Improvements), or § 14-702(9) (Underground Accessory Parking and Loading). Public art may be provided within the public sidewalk if authorization from the City is obtained and if the public art does not impair pedestrian movement within the sidewalk.
(.4) Cost.
The applicant shall provide public art at an amount equal to at least one percent (1%) of hard construction costs.
(.5) Agreement and Financial Security.
In order to expedite the development review and approval process, an applicant for a floor area bonus pursuant to this § 14-702(5) may sign an agreement with the Art Commission committing to provide, install, and endow public art as required by this § 14-702(5) and posting financial security at least equal to the cost of the required public art pursuant to § 14-702(5)(a)(.4) (Cost) above. After signing an agreement in a form acceptable to the City and posting financial security in a form acceptable to the City, the applicant shall be deemed to have satisfied the requirements of this § 14-702(5) (Public Art) subject to all other requirements of this § 14-702 (Floor Area Bonuses).
(.6) Establishment of Endowments.
The method of establishment of an endowment of a trust or other legally binding mechanism to permanently fund cultural programming to meet the requirements of this section shall be approved by the Art Commission.
(b) Approval Criteria.
(.1) In order to meet the requirements of this section, the applicant must have the proposed artist(s), and all public art and/or proposal for cultural programming approved either by the Art Commission, pursuant to its standard review and approval procedures, or through an Art Selection Committee established pursuant to § 14-702(5)(c) (Art Selection Committee).
(.2) The Art Selection Committee or the Art Commission, depending on the manner of review and approval chosen by the applicant, shall have the final approval of the artist and all public art submitted to meet the requirements of this § 14-702(5)(b) (Approval Criteria).
(.3) The Art Selection Committee or the Art Commission, depending on the manner of review and approval chosen by the applicant, may, upon request of the applicant, assist in the selection of an artist or artists for the project and/or the selection of an arts coordinator for the project.
(.4) Final determination as to what items, works, materials, media, infrastructure, support services, etc., qualify as public art or as part of the cost of public art, shall rest with the Art Selection Committee or the Art Commission, depending on the manner of review and approval chosen by the applicant.
(c) Art Selection Committee.
(.1) If the applicant chooses to use an Art Selection Committee, it shall consist of five members all of whom shall conform to one or more of the following criteria. At least two members of the committee shall be practicing artists from the visual or performing arts disciplines. All of the remaining members of the committee shall be either (i) an art educator from an accredited college or university, or (ii) a public arts administrator, or (iii) a curator of an institution of art, or (iv) a registered architect or landscape architect, but no more than one of the remaining members may be from each of those disciplines.
(.2) Upon the submission of an Art Selection Committee for review by L&I, the applicant shall also submit the list for proposed committee members to the Art Commission. The Art Commission shall then have 30 days to review the qualifications of proposed committee members and to advise L&I in writing as to its recommendations regarding the qualifications and composition of the committee.
The additional gross floor area or building height earned for providing public art is:
Additional Gross Floor Area, as Percent of Lot Area | Additional Building Height | ||
CMX-4
| CMX-5
| /CDO
| /ECO
|
50% | 100% | 12 ft. | 12 ft. |
Notes
792 |
The public space bonus may be earned by providing (1) open space, public parks, or public plazas or (2) a public room. Public open space, public parks or public plazas provided to earn a floor area or height bonus shall count towards the required open area. Public space provided to earn a floor area or height bonus under this subsection shall not be counted toward a public art requirement unless it is designed by an artist and is approved through the public art process in § 14-702(5) (Public Art).
(a) Qualifying Criteria for Open Space, Public Parks, and Public Plazas.
A floor area bonus or height bonus may be earned by providing open space, public parks, or public plazas, provided they meet the following qualifying standards:
(.1) The space shall be open to the sky, except for arbors and trellises.
(.2) The space shall include a minimum of 5,000 sq. ft. of contiguous area.
(.3) The space shall meet all public access design and engineering requirements for areas required to be accessible to those with physical impairments under the Americans with Disabilities Act and any implementing regulations adopted by the City.
(.4) No more than fifty percent (50%) of the space shall be located more than three ft. above the level of the sidewalk adjacent to the lot containing the space. If the public space is located within the Special Flood Hazard Area, the Commission may waive this requirement provided that the Commission determines that the issuance of this waiver would beneficially serve the public interest. 794
(.5) The space may not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements.
(.6) The space shall include trees, landscaped areas, walkways, seating, water features, or similar elements. A minimum of thirty percent (30%) of the space shall be landscaped and may incorporate a water feature. All elements shall be appropriately scaled and designed to enhance the space.
(.7) Water features shall meet the following criteria:
(.a) The feature shall be located in a public space.
(.b) The feature may consist of fountains, water walls, water channels, water sculptures, pools, or ponds.
(.c) The water feature shall be appropriately scaled and designed to enhance the space.
(.d) The water feature shall be in operation from at least April 1 through October 30 each year, between the hours of 8:00 a.m. and 9:00 p.m, daily.
(.e) The water feature shall not be counted toward a public art requirement unless it is designed by an artist and is approved through the public art process in § 14-702(5) (Public Art).
(.9) Lighting shall be provided in the space. The maximum height of the lighting shall be 15 ft. with a maximum illumination level of 2.0 maintained foot-candles. At least one light shall be provided for every 500 sq. ft. of public space and lighting shall be provided along walkways at 100 ft. intervals. Lighting design shall be subject to the requirements of § 14-707 (Outdoor Lighting). 795
(.10) The space shall be connected to a sidewalk, but may not disrupt the continuity of an existing street wall.
(.11) The space shall be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m. daily.
(.12) The public open space, park, or plaza shall be located so as to receive natural light during the day.
(b) Qualifying Criteria for Public Rooms.
A floor area bonus or height bonus may be earned by providing a public room, provided it meets the following minimum standards:
(.1) The space is within a building that allows for year-round, climate controlled use by the public and that has access to the public street, transit concourses or transit stations either directly or through another connecting area open to the public.
(.2) The space shall meet all public access design and engineering requirements for areas required to be accessible to those with physical impairments under the Americans with Disabilities Act and any implementing regulations adopted by the City.
(.3) The space shall include a minimum of 5,000 sq. ft. of contiguous floor area and shall have a minimum unobstructed height of 24 ft.
(.4) All or part of the space may be located at the level of any transit concourse or transit station to which it has direct access, or at any level between the level of that transit station or concourse and ground level.
(.5) The space may not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements.
(.6) The space must include access to a public amenity, such as retail sales, libraries and cultural exhibits, eating and drinking establishments, public restrooms, or other attraction. Spaces that simply serve as a lobby for the transit concourse or building tenants do not qualify.
(.7) Seating shall be provided within the space.
(.8) The space shall be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m. daily.
(c) Approval Criteria.
(.1) Planning Commission Review.
(.a) In addition to the qualifying criteria of § 14-702(6)(a) and § 14-702(6)(b), L&I shall not issue a building permit until the Commission has reviewed the proposed public open space, public park, public plaza, or public room subject to this bonus and determined that, in the opinion of the Commission:
(i) The design of the space will beneficially serve the public interest in terms of pedestrian access, overall layout, and provided amenities; and
(ii) The space includes a suitable amount of lighting, trees, landscaped areas, walkways, seating, water features, or similar elements, as applicable, and that these elements are appropriately located so as to maximize the utility of the space.
(.b) The Commission shall have 30 days upon receipt by the Commission of an application to review all proposed public open space, public parks, public plazas, or public rooms subject to this bonus; after the 30-day review period has passed, the approval of the Commission shall be presumed.
(.2) Restrictive Covenant.
The applicant must execute and record a restrictive covenant in favor of the City, acting through the Department of Planning and Development, approved as to form by the Law Department, which requires all applicable open spaces, public parks, public plazas, and public rooms to be constructed and maintained, consistent with the requirements of this § 14-702(6), for the life of the building.
The additional gross floor area or building height earned by providing public space is:
Amount of Public Space as Percentage of Lot Area
|
Additional Gross Floor Area, as Percentage of Lot Area | Additional Building Height | |||
CMX-3 (within /TOD only) | CMX-4
|
CMX-5
|
/CDO
|
/ECO
| |
10 - 15% of lot area | 30% | 100% | 200% | N/A | N/A |
16 - 20% of lot area | 40% | 150% | 300% | 12 ft. | 12 ft. |
21 - 30% of lot area | 50% | 200% | 400% | 24 ft. | 24 ft. |
31 - 40% of lot area | 50% | 200% | 400% | 36 ft. | 24 ft. |
41 - 50% of lot area | 50% | 200% | 400% | 48 ft. | 24 ft. |
Notes
793 | |
794 | Amended, Bill No. 190811-A (approved December 30, 2019). |
795 | Amended, Bill No. 210075 (approved March 29, 2021). |
796 |
(a) Affordability.
A floor area, height, or dwelling unit density bonus, as applicable, may be earned by providing affordable housing at the levels of affordability set out in this § 14-702(7)(a). For the purposes of § 14-702(7), a household shall consist of every person who lives or intends to live in the unit, regardless of age, dependency status, or relationship. The imputed household size for determining unit affordability and occupancy requirements of § 14-702(7) shall be equal to 1.5 people per each bedroom in the unit, except for studios and efficiencies, for which the imputed household size is 1 person. 798
(.1) Moderate Income.
(.a) Moderate Income rental units shall:
(i) Have total monthly costs (including rent and utility costs) that do not exceed thirty percent (30%) of gross monthly income for households earning up to sixty percent (60%) of the Area Median Income (AMI), adjusted for household size, as reported by the U.S. Department of Housing and Urban Development (HUD) for the Philadelphia Metropolitan Statistical Area;
(ii) Be occupied by households earning up to sixty percent (60%) of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area at the time of the household's initial occupancy of the unit; and
(iii) At no time be occupied by households earning greater than one hundred twenty percent (120%) of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area; provided that, in the event the income of a tenant is found by the Department of Planning and Development to exceed the maximum income provided for by this subsection (iii), a rental unit shall nonetheless be deemed in compliance with this subsection (iii) until the first expiration of a lease occurring after the tenant's income first exceeded the maximum permitted by this subsection (iii). In such event, the owner or their property manager may raise rent on the existing household's unit at the owner or their property manager's discretion, taking into account any applicable laws, rules, or policies regarding rent increases, provided that the owner or their property manager must make the next available unit of comparable size available to a new income-qualified household. 799
(.b) Moderate Income owner-occupied units shall:
(i) Have a maximum sale and resale price, during the term of affordability, calculated on the basis of a down payment of no more than five percent (5%) of the purchase price, a fixed rate 30 year mortgage, consistent with the average monthly rate published from time to time by Freddie Mac, and total monthly costs (including mortgage principal and interest, property taxes, property insurance, and condominium or homeowner association fees) that do not exceed thirty percent (30%) of gross monthly income for households earning up to eighty percent (80%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area;
(ii) Be sold to one or more members of a household with household earnings up to eighty percent (80%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area at the time of sale; and
(iii) Be the principal residence of at least one person who owned the unit during the period of affordability.
(.2) Low Income.
(.a) Low Income rental units shall:
(i) Have total monthly costs (including rent and utility costs) that do not exceed thirty percent (30%) of gross monthly income for households earning up to fifty percent (50%) of the Area Median Income (AMI), adjusted for household size, as, as reported by HUD for the Philadelphia Metropolitan Statistical Area;
(ii) Be occupied by households earning up to fifty percent (50%) of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area at the time of the household's initial occupancy of the unit; and
(iii) At no time be occupied by households earning greater than one hundred percent (100%) of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area; provided that, in the event the income of a tenant is found by the Department of Planning and Development to first exceed the maximum income provided for by this subsection (iii), a rental unit shall nonetheless be deemed in compliance with this subsection (iii) until the first expiration of a lease occurring after the tenant's income exceeded the maximum permitted by this subsection (iii). In such event, the owner or their property manager may raise rent on the existing household's unit at the owner or their property manager's discretion, taking into account any applicable laws, rules, or policies regarding rent increases, provided that the owner or their property manager must make the next available unit of comparable size available to a new income-qualified household. 800
(.b) Low Income owner-occupied units shall:
(i) Have a maximum sale and resale price, during the term of affordability, calculated on the basis of a down payment of no more than five percent (5%) of the purchase price, a fixed rate 30 year mortgage, consistent with the average monthly rate published from time to time by Freddie Mac, and total monthly costs (including mortgage principal and interest, property taxes, property insurance, and condominium or homeowner association fees) that do not exceed thirty percent (30%) of gross monthly income for households earning up to seventy percent (70%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area.
(ii) Be sold to one or more members of a household with household earnings up to seventy percent (70%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area at the time of sale; and
(iii) Be the principal residence of at least one person who owned the unit during the period of affordability.
(b) Criteria.
A floor area, height, or dwelling unit density bonus, as applicable, may be earned for developments where at least fifty percent (50%) of the gross floor area will be in residential use (i) by providing affordable housing, provided that the project meets the standards set forth in subsections (.1) through (.5), below; or (ii) if the owner of the property enters into a payment-in-lieu agreement that meets the standards set forth in subsection (.6), below, provided that no development with fewer than ten dwelling units may earn these bonuses by entering into any such payment in-lieu agreement. For any development where less than fifty percent (50%) of gross floor area will be in residential use, these bonuses may be earned, as applicable, if the owner of the property enters into a payment-in-lieu agreement that meets the standards set forth in subsection (.6), below. The bonuses provided for in this subsection (7) ("Mixed Income Housing") are not available to any development that does not meet all applicable standards of this Zoning Code that require the inclusion of one or more non-residential uses on the lot. 801
(.2) Affordable units shall be affordable, as defined in § 14-702(7)(a)(.1) or § 14-702(7)(a)(.2), for a term of not less than 50 years with future sales, affordability, compliance, and certain legal remedies within such period governed by a recorded instrument or instruments in favor of the City, in substance satisfactory to the Department of Planning and Development and in form satisfactory to the Law Department, committing to satisfy all requirements of this subsection (b).
(.3) Affordable units shall be constructed, completed, ready for occupancy, and marketed at the same time as market-rate units and reasonably dispersed on the same site as the development such that no single building or floor therein will have a disproportionate percentage of affordable units; provided, that, the Department of Planning and Development may permit some or all of such affordable units to be provided and maintained off-site, upon a showing of exceptional circumstances and a substantial public benefit deriving from the proposed off-site development and such other requirements and penalties for non-compliance as provided for by regulations of the Department of Planning and Development.
(.4) Affordable units shall be of comparable quality, in terms of the size, design, exterior appearance, energy efficiency, and overall construction, as the market-rate units within the development, except that the Department of Planning and Development may authorize, on a case by case basis, variation in lot size, number of stories, or whether units are attached or detached, upon good cause shown. For rental units, this requirement shall apply to any maintenance or renovations performed during the life of the affordability commitment. Where the quality of market rate units, in terms of the size, design, exterior appearance, energy efficiency, and overall construction varies from unit to unit, the quality of affordable units shall vary substantially to the same degree. Affordable units may have interior finishes and features that are functionally equivalent to those of any market-rate unit within the development, so long as those finishes and features are durable, of good and new quality, and consistent with any further standards which the Department of Planning and Development may establish.
(.5) For owner-occupied units, the owner and all subsequent owners during the affordability period provided for in subsection (.3), above, shall give the Department of Planning and Development a right of first refusal to purchase each affordable unit, with 90 days' notice of any sale; and shall give the Department of Planning and Development notice of any foreclosure of an affordable unit within seven days of receipt of a foreclosure notice.
(.6) The applicable bonus shall be available to a property if the owner enters into a binding agreement with the Department of Planning and Development pursuant to which the owner has tendered to the City, prior to the issuance of a building permit, a payment in lieu of providing affordable housing; and the Department of Planning and Development has agreed: (.a) for any development where at least fifty percent (50%) of the gross floor area will be in residential use, to use an equal amount of money for the purposes set forth in Section 21-1605 (“Trust Fund Assets Held in the Non-Recording Fee Sub-Fund”); (.b) for any development where less than fifty percent (50%) of the gross floor area will be in residential use, to use an equal amount of money for the purposes set forth in Section 21-1603 (“Creation, Distribution and Use of the Trust Fund’s Assets”); for either type of development, to use best efforts to use such equal amount of money within five years of the owner tendering payment to the City for a project or projects within the same Council District as the development. The payment shall be calculated as follows: 803
(.a) For properties located in an RM-2, RM-3, RM-4, RMX-1, RMX-2, RMX-3, IRMX, CMX-3, CMX-4, or CMX-5 zoning district earning a floor area or height bonus, except for properties that meet the conditions of (.b) or (.c), below: by multiplying the maximum total gross floor area allowed (measured in sq. ft. and not including any floor area earned through bonuses other than this mixed income housing bonus), by eleven dollars and thirty cents ($11.30), if the owner is seeking the moderate-income bonus, and by fourteen dollars and sixty cents ($14.60), if the owner is seeking the low-income bonus.
(.b) For properties located in an RM-2, RM-3, RM-4, RMX-1, RMX-2, RMX-3, IRMX, CMX-3, CMX-4, or CMX-5 zoning district earning a height bonus that are entirely or partially located within a Special Flood Hazard Area, the lesser of the amount reached by:
(i) Multiplying the total gross floor area of all structures on the lot (measured in sq. ft.), by eleven dollars and thirty cents ($11.30), if the owner is seeking the moderate-income bonus, and by fourteen dollars and sixty cents ($14.60), if the owner is seeking the low-income bonus.
(ii) Multiplying the maximum total gross floor area allowed (measured in sq. ft. and not including any floor area earned through bonuses other than this mixed income housing bonus), by eleven dollars and thirty cents ($11.30), if the owner is seeking the moderate-income bonus, and by fourteen dollars and sixty cents ($14.60), if the owner is seeking the low-income bonus.
(.c) For properties earning a floor area bonus pursuant to a development that is reviewed in accordance with the provisions of § 14-507(12) (Optional Special Standards, Review, and Exemptions): by multiplying the maximum additional gross floor area that would be earned through this bonus (measured in sq. ft.), by twenty-five dollars ($25), if the owner is seeking the moderate-income bonus, and by thirty dollars ($30), if the owner is seeking the low-income bonus.
(.d) For properties located in an RM-1, CMX-1, CMX-2, or CMX-2.5 zoning district, the total number of residential dwelling units allowed (not including any dwelling units earned through bonuses other than this mixed income housing bonus), multiplied by thirteen thousand six hundred dollars ($13,600), if the owner is seeking the moderate-income bonus, and by seventeen thousand seven hundred dollars ($17,700), if the owner is seeking the low-income bonus.
(.1) The additional gross floor area or building height earned for compliance with subsection (a), above, is as set forth in the tables, below. A property may take advantage of a height bonus, a gross floor area bonus, and a dwelling unit density bonus, either alone or in combination, if so provided by the tables in subsection (.3), below. A property may not take advantage of any one of these bonuses multiple times and may not earn bonuses under both the low-income and moderate-income standards.
(.2) Dwelling Unit Density Bonuses in this § 14-702 shall be calculated without including any other dwelling unit bonuses earned. Whenever the calculation of permitted number of dwelling units, following the application of a bonus described in this § 14-702, results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number. If any other dwelling unit density bonuses are earned, the total number of dwelling units permitted shall be determined by adding all such bonuses to the number of units that would otherwise be permitted under this Code, including this Mixed Income Housing Bonus. 805
Additional Gross Floor Area, as Percent of Lot Area
| |||||||||||
RM-2
|
RM-3, RMX-1 | RM-4
|
RMX-2
|
IRMX
|
RMX-3
|
CMX-3 (within /TOD only) |
CMX-4
|
CMX-5
| |||
Mixed Income Housing (§ 14-702(7)) | Moderate Income | 25% | 50% | 100% | 75% | 150% | 150% | 150% | 200% | 150% | 300% |
Low Income | 50% | 75% | 175% | 125% | 250% | 250% | 250% | 300% | 250% | 400% |
Housing Unit Density Bonuses (RM-1, CMX-1, CMX-2, or CMX-2.5 only) | ||
Mixed Income Housing (§ 14-702(7)) | Moderate Income |
25% increase in units permitted |
Low Income |
50% increase in units permitted |
(d) Compliance Check.
(.1) No zoning permit shall be issued pursuant to section § 14-303(6) for any project, or any portion thereof, that has been awarded bonus floor area, building height, or dwelling units pursuant to this § 14-702(7) unless the Department of Planning and Development certifies to the Department of Licenses and Inspections that the applicant has acknowledged, in form satisfactory to the Department of Planning and Development, an understanding of the requirements of this § 14-702(7). 807
(.2) No building permit shall be issued pursuant to Section A-301 of Title 4 for any project, or any portion thereof, that has been awarded bonus floor area, building height, or dwelling units pursuant to this § 14-702(7) unless the Department of Planning and Development has certified to the Department of Licenses and Inspections that the applicant has made all required payments pursuant to an agreement provided for by subsection (b)(.6) or is in compliance with all of the following: 808
(.a) The applicant has demonstrated that the applicant is capable of and prepared to actively market the affordable units to eligible tenants and eligible purchasers;
(.b) The applicant has filed an Affordable Building Plan, signed by both the applicant and the design professional responsible for the development, which specifies, to the satisfaction of the Department of Planning and Development, the quality, quantity, placement, design, and phasing of the development and of each affordable unit, and which acknowledges that the applicant is subject to penalties in the event that the development fails to conform with such Plan or any approved modifications of such Plan. Any deviation from an approved Affordable Building Plan must comply with the requirements of this Chapter and must be approved by the Department of Planning and Development; and
(.c) The property is in compliance with all requirements of this § 14-702(7), including but not limited to the recordation of an instrument pursuant to subsection (b), as well as any additional requirements that the Department of Planning and Development shall impose in order to secure and monitor the applicant's satisfaction of all obligations imposed by this Chapter.
(.3) No certificate of occupancy shall be issued pursuant to Section A-701 of Title 4 for any dwelling units included in a development, and no occupancy of such units shall be permitted, unless certificates of occupancy have also been issued for all affordable units required by this § 14-702(7) or there has been compliance with any agreement provided for by § 14-702(7)(b)(.6); provided that the Department of Planning and Development may waive this requirement upon a showing of exceptional circumstances with respect to permitted off-site affordable units only and only upon agreement by the applicant to further conditions and penalties for non-compliance, all as provided for in regulations of the Department of Planning and Development.
(e) Remedies.
(.1) Failure to comply with any provision of a recorded instrument required by this § 14-702(7) shall, in addition to any other remedies available by law, be grounds for:
(.a) Revocation of any building permit, certificate of occupancy or rental license and the prohibition of renewal of any such permits, certificates, or licenses.
(.b) A fine of five hundred dollars ($500) per day of noncompliance.
(.2) The Department of Planning and Development shall have the right to inspect such documents as may be necessary to determine continued compliance, including but not limited to financial records of any tenants or owners to confirm that they are eligible tenants or eligible purchasers.
(f) Reporting.
The Department of Planning and Development shall publish annually a Mixed Income Housing Program Report, which shall include: quantity, size, and location of affordable units; tendered payments in lieu of providing affordable units and how such payments were spent; and household size and income of eligible tenants and eligible purchasers who have either applied for or have occupied affordable units.
(g) Regulations.
The Department of Planning and Development shall have the authority to promulgate regulations to clarify, implement or administer any provision of this § 14-702(7).
The terms and conditions of this § 14-702(7) (Mixed Income Housing) shall not apply to Residential Housing Projects within the /MIN, Mixed Income Neighborhoods Overlay District, as defined in § 14-533(2), except as otherwise provided by section § 14-533 (Mixed Income Neighborhoods Overlay District).
Notes
797 | Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 140519-AAA (approved October 27, 2015); amended, Bill No. 150505 (approved December 1, 2015); amended, Bill No. 161003-A (approved May 8, 2017); amended, Bill No. 170162 (approved July 11, 2017); amended, Bill No. 170498 (approved August 1, 2017); amended, Bill No. 170678-AAA (approved October 17, 2018). |
798 | Amended, Bill No. 200628 (approved March 29, 2021). |
799 | Amended, Bill No. 210633-A (approved January 18, 2022), effective July 18, 2022. |
800 | Amended, Bill No. 210633-A (approved January 18, 2022), effective July 18, 2022. |
801 | Amended, Bill No. 190443 (approved July 24, 2019). See note 351 for sunset provision. Amended, Bill No. 190859 (approved December 31, 2019); amended, Bill No. 200628 (approved March 29, 2021); amended, Bill No. 210075 (approved March 29, 2021); amended, Bill No. 210474-AA (approved October 6, 2021). |
802 | Amended, Bill No. 200628 (approved March 29, 2021). |
803 | |
804 | Amended, Bill No. 210075 (approved March 29, 2021). |
805 | Amended, Bill No. 210474-AA (approved October 6, 2021) |
806 | Amended, Bill No. 210474-AA (approved October 6, 2021) |
806.1 | Amended, Bill No. 241062-A (approved December 23, 2024). |
807 | Amended, Bill No. 210075 (approved March 29, 2021). |
808 | Amended, Bill No. 210075 (approved March 29, 2021). |
809 | Added, Bill No. 200602 (approved January 27, 2021). Enrolled bill numbered this as (g); renumbered by Code editor. |
810 | Added, Bill No. 210633-A (approved January 18, 2022), effective July 18, 2022. |
(a) Criteria.
A floor area bonus or building height bonus, as applicable, may be earned by improving, connecting to, constructing or extending a rail, subway, or trolley transit station or stop, concourse, or water taxi station, provided that the project meets the following standards:
(.1) The applicant shall submit a letter from the appropriate transit authority confirming that the transit authority approves the portion of the project that will be constructed on its property.
(.2) Qualifying improvements made by the applicant may include any of the following:
(.a) New access easements or improvements to connecting passageways, mezzanines, or concourse areas;
(.b) Constructing a new rail, subway, trolley transit or water taxi station;
(.c) Extending the concourse of an existing rail, subway, or trolley transit station or expanding an existing water taxi station;
(.d) Permanent structural improvements, not including routine maintenance or repairs, to an existing rail, subway, trolley transit, or water taxi station or stop; or
(.e) Streetscape improvements in excess of the minimum code requirements that enhance pedestrian and bicycle connections to an existing rail, subway, trolley transit, or water taxi station or stop. Streetscape improvements provided to earn the transit improvement bonus shall be approved by the Commission for the provision of safe and attractive pedestrian and bicycle routes to transit.
(.3) For the /CDO overlay district, transit improvements may be located within 1,320 ft. of the district.
(.4) The applicant shall post a bond or letter of credit in an amount equal to one hundred percent (100%) of the estimated cost of constructing the transit improvements in a form and with financial entities acceptable to the City or its designee. The required transit improvements must be completed upon issuance of the Certificate of Occupancy for the first permanent structure on the property, and the bond or letter of credit must be kept in force until the completion of the required improvements.
The additional gross floor area or building height earned by providing transit improvements is:
Additional Gross Floor Area, as Percentage of Lot Area
|
Additional Building Height
| ||
CMX-3 (within /TOD only) | CMX-4
|
CMX-5
|
/CDO
|
25% of lot area per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 100% of lot area | 50% of lot area per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 200% of lot area | 100% of lot area per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 400% of lot area | 12 ft. per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 72 ft. |
Notes
811 | Amended, Bill No. 130274 (approved June 25, 2013). |
812 | Amended, Bill No. 170162 (approved July 11, 2017). |
(a) Criteria.
A floor area bonus may be earned by providing underground accessory parking, regardless of whether that accessory parking is required by Chapter 14-800 (Parking Design Standards). The intent of this section is not to expand the supply of parking in the RMX-3, CMX-4, or CMX-5 districts, but to encourage parking permitted by this Zoning Code to be constructed underground rather than at surface level or above ground. The bonus is available if the project meets the following standards:
(.1) At least seventy-five percent (75%) of the accessory parking constructed shall be for the use of residents or occupants of the project, and no more than twenty-five percent (25%) of the spaces shall be rented on a daily, weekly, monthly, long-term, or any other term to any non-resident or non-occupant of the premises. This shall not prohibit the building owner from billing building residents and occupants for parking spaces separately from rent or other expenses.
(.2) All of the accessory parking constructed shall be located below grade.
(.3) The underground parking constructed must contain a gross floor area (including ramps) equal to at least fifty percent (50%) of the gross floor area of the ground floor of the primary building on the property where the underground parking is located.
(.4) None of the bonus space gained from underground parking may be used to construct additional parking. 814
The additional gross floor area earned by providing underground accessory parking is:
Additional Gross Floor Area, as Percentage of Lot Area
| |||
RMX-3
| CMX-3 (within /TOD only) | CMX-4
| CMX-5
|
100% | 50% | 200% | 200% |
Notes
813 | Amended, Bill No. 130764 (approved December 18, 2013). |
814 | |
815 |
(a) Criteria.
(.1) The applicant has submitted documentation sealed by a LEED-AP professional confirming that the building or site has been designed for certification at the LEED Platinum or Gold levels, or certification by an equivalent green building or neighborhood development rating system as approved by the Commission, and that preliminary review of project design and elements confirm that it will earn enough points to be certified at that level by an appropriate certifying agency.
(.2) The property owner has signed an agreement with the City confirming that the building or site will complete the certification and commissioning process at the LEED Platinum or Gold level, or through an equivalent green building or neighborhood development rating system as approved by the Commission, and that if the building or site fails to be commissioned at the level for which the bonus has been awarded, the applicant will either: 817
(.a) Make improvements to the design, equipment, or operation until commissioned at that level, or
The additional gross floor area or building height earned for a certified green building is:
Level of LEED Certification
|
Additional Gross Floor Area, as Percentage of Lot Area | Additional Building Height | |||
CMX-3 as provided in § 14-702(2)(c) |
CMX-4
|
CMX-5
|
/CDO
|
/ECO
| |
Gold |
50% | 100% | 200% | 24 ft. | 24 ft. |
Platinum |
100% | 200% | 400% | 36 ft. | 36 ft. |
Notes
816 | Amended, Bill No. 130274 (approved June 25, 2013). |
817 | Amended, Bill No. 210075 (approved March 29, 2021). |
818 | Amended, Bill No. 210075 (approved March 29, 2021). |
819 | Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 140519-AAA (approved October 27, 2015); amended, Bill No. 150505 (approved December 1, 2015). |
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