Section 11-2409. IMPLEMENTATION

 

2409.1Following approval of an application by the Commission, the application may file an application for a building permit with the proper authorities of the District of Columbia.

 

2409.2 The Zoning Administrator shall not approve a permit application unless the plans conform in all respects to the plans approved by the Commission, as those plans may have been modified by any guidelines, conditions, or standards that the Commission may have applied.  Nor shall the Zoning Administrator accept the establishment of an escrow account in satisfaction of any condition in the Commission’s order approving the PUD unless the order expressly authorizes an escrow.

 

2409.3The Zoning Administrator shall not approve a permit application unless the applicant has recorded a covenant in the land records of the District of Columbia between the owner or owners and the District of Columbia satisfactory to the Office of the Attorney General and the Zoning Administrator, which covenant will bind the owner and all successors in title to construct on and use the property only in accordance with the adopted orders, or amendments thereof, of the Commission.

 

2409.4Following the recordation of the covenant, the PUD boundaries shall be designated on the Zoning Map.

 

2409.5The orders of the Commission issued in accordance with this chapter shall have all the force of this title, and violations shall be prosecuted in accordance with the provisions of § 3201 of this title.

 

2409.6The Zoning Administrator shall have the authority to approve minor modifications in the final plans as approved by the Commission. These modifications shall be limited to the following:

 

(a)A change not to exceed two percent (2%) in the height, percentage of lot occupancy, or gross floor area of any building;

 

(b)A change not to exceed two percent (2%) in the number of residential units, hotel rooms, institutional rooms, or gross floor area to be used for commercial or accessory uses;

 

(c)A change not to exceed two percent (2%) in the number of parking or loading spaces; and

 

(d)The relocation of any building within five feet (5 ft.) of its approved location, in order to retain flexibility of design, or for reasons of unforeseen subsoil conditions or adverse topography.

 

2409.7 In reviewing and approving any modification requested pursuant to § 2409.6, the Zoning Administrator shall determine that the proposed modification is consistent with the intent of the Commission in approving the PUD. 

 

2409.8Following approval of any modifications under § 2409.6, the Zoning Administrator shall report to the Commission the modification approved under this section and may issue a building permit predicated upon the modification if:

 

(a)     Forty-five (45) days have passed since the submittal of the report and the Commission has not make a finding that the modification exceeds the scope of § 2406.9; or

 

(b)   Prior to the expiration of that time period the Commission acknowledges that the modification does not exceed the scope of § 2409.6, whichever is the first to occur. 

 

If the Commission timely decides that the modification exceeded the scope of § 2409.6, the Zoning Administrator shall not approve the building permit, but shall instruct the applicant to seek a modification pursuant to § 2409.9.

 

2409.9Any modifications proposed to an approved PUD that cannot be approved by the Zoning Administrator shall be submitted to and approved by the Commission. The proposed modification shall meet the requirements for and be processed as a second- stage application, except for minor modifications and technical corrections as provided for in § 3030.

 

2409.10The Zoning Administrator shall not approve an application for a certificate of occupancy for a PUD if the order approving the PUD includes a condition requiring the provision of affordable housing unless the owner has executed monitoring and enforcement documents with the District of Columbia, which will bind the owner and all successors in title to abide by such terms as the District considers necessary to ensure that the affordable housing will be constructed, marketed, sold, re-sold, rented, and occupied, so as to be affordable to the target households during the specified control period and safeguarded regarding foreclosure.

 

2409.11A condition in an order approving or modifying a PUD that requires the provision of affordable housing shall automatically terminate if title to the mortgaged property is transferred following foreclosure by, or deed-in-lieu of foreclosure to, a mortgagee in the first position, or a mortgage in the first position is assigned to the Secretary of the U.S. Department of Housing and Urban Development provided the owner has executed monitoring and enforcement documents per the requirements of § 2409.10.

 

2409.12Unless specifically stated otherwise, the term "Applicant" in any condition of an order approving a PUD or PUD modification shall mean the person or entity then holding title to the Subject Property. If there is more than one owner, the obligations under the order shall be joint and several. If a person or entity no longer holds title to the PUD site, that party shall have no further obligations under the order; however, that party remains liable for any violation of any condition that occurred while an Owner.

 

authority

Section 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code Section 6-641.01 (2008 Repl.)).

source

Final Rulemaking published at 42 DCR 6613, 6628 (December 1, 1995); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8519-20 (October 20, 2000); as amended by Final Rulemaking published at 60 DCR 5144 (April 5, 2013); as amended by Final Rulemaking published at 60 DCR 8967 (June 14, 2013).