Section 11-3205. COMPLIANCE WITH CONDITIONS IN ORDERS

 

3205.1The provisions of this section shall apply when a building permit or certificate of occupancy has been issued under the authority of an order of the Board of Zoning Adjustment or the Zoning Commission, and the order of the Board or Commission sets forth any condition to the issuance of the building permit or certificate of occupancy, or to the approval of a variance, special exception, or planned unit development.

 

3205.2If the order of the Board or Commission conditions the issuance of a building permit or certificate of occupancy upon the recordation of a covenant, then, for purposes of §§ 3205.4 and 3205.5, each term and condition in the covenant shall be treated as a condition to the issuance of the building permit or the certificate of occupancy.

 

3205.3If a building permit or certificate of occupancy has been issued under the authority of a decision of the Board to approve a special exception or variance, then for purposes of §§ 3205.4 and 3205.5, each condition to the approval of the special exception or variance shall be treated as a condition to the issuance of the building permit or certificate of occupancy.

 

3205.4Any person who owns, controls, occupies, maintains, or uses any building, structure, or land, or any part of any building, structure, or land, shall at all times comply with any condition to the issuance of the certificate of occupancy for the building, structure, or land, or part thereof.

 

3205.5Any person who erects, constructs, reconstructs, alters, converts, owns, controls, occupies, maintains, or uses any building, structure, or any part of any building or structure shall at all times comply with any condition to the issuance of the building permit for the building, structure, or part thereof.

 

 

authority

The Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code §§ 6-641.01 to 6-641.15 (2001 ed.)(formerly codified at D.C. Official Code §§ 5-413 to 5-432 (1994 Repl. & 1999 Supp.)).

source

Final Rulemaking published at 34 DCR 2699 (April 24, 1987); as amended by Final Rulemaking published at 38 DCR 612, 646 (January 18, 1991); 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, 8576 (October 20, 2000).