The allowable residential and nonresidential bulk, or of bonus floor area if applicable, of eligible properties may be apportioned between two or more lots in the same square or other boundaries if otherwise established in a zone, regardless of the limits on floor area; provided, that the aggregate residential and nonresidential floor area may not exceed the limits for the applicable zone.
The maximum permitted floor area for all uses and the maximum floor area for nonresidential uses shall be calculated as if the lots were one lot, and the total project shall conform with both limitations.
A covenant running with the land and applicable to all properties involved in the apportionment shall be executed by all of the owners of the properties prior to the issuance of any building permits. The covenant shall be for the purpose of insuring that the aggregate residential and nonresidential floor area does not exceed the limits applicable to residential and nonresidential uses, or of bonus floor area if applicable.
No transfer of floor area for preferred uses, or of bonus floor area if applicable, shall be effective unless an instrument, legally sufficient in both form and content to effect such a transfer, in a form approved by the Office of the Attorney General, has been entered into among all of the parties concerned, including the District of Columbia where appropriate.
A certified copy of the instrument of transfer shall be filed with the Zoning Administrator before approval by the Department of Consumer and Regulatory Affairs of any building permit application affected by such transfer
The document shall be recorded in the Office of the Recorder of Deeds, serving as a notice both to the receiving lot and sending lot of the transfer of floor area for preferred uses or of bonus floor areas. The notice of restrictions and transfer shall run with the title and deed to each affected lot.
For more information on the following topics, please see the corresponding referenced sections:
Combined Lot Provisions- Subtitle C, Chapter 12