§ 1–306.41. Exceptions.

The provisions of this part shall not apply to the following applicants:

(1) An applicant who obtains a street or alley closing or a zoning density increase for a development that includes, on or adjacent to the site of the development, an amount of housing that is equal to the amount that would be calculated pursuant to the formula set forth in § 1-306.33(2)(C);

(2) An applicant whose development obtains no additional commercial office space as a result of obtaining a street or alley closing or a zoning density increase;

(3) An applicant for a street or alley closing or a zoning density increase who represents a federal government agency, the Washington Metropolitan Area Transit Authority, or the Pennsylvania Avenue Development Corporation;

(4) An applicant who obtains additional commercial office space pursuant to the variance provisions of the Zoning Regulations;

(5) An applicant whose approved street or alley closing was decided by the Council, or whose approved zoning density increase was decided by the Zoning Commission, prior to October 6, 1994;

(6) An applicant who obtains a zoning density increase for a development that already is subject to a housing, retail, arts, or historic preservation requirement pursuant to the zoning regulations set forth in the Downtown Development District; or

(7) An applicant who obtains a street or alley closing or a zoning density increase for a development about which the Council, in its legislation that approves of the street or alley closing, or the Zoning Commission, in its order that approves of the zoning density increase, makes all of the following findings after a public hearing, for which prior notice of a request for this exemption was provided to each affected Advisory Neighborhood Commission and in the District of Columbia Register, and during which the burden of proof is upon the applicant to justify granting this exemption:

(A) The development associated with the street or alley closing or zoning density increase is located within an area designated in the text or map of the Comprehensive Plan as a development opportunity area, a production and technical employment area, or a new or upgraded commercial center; and

(B) Imposition of no housing requirement or a housing requirement that is less stringent than the requirement imposed by this part is necessary to implement objectives and policies set forth in this Plan for that designated area, which otherwise would likely not be achieved.