Section 11-A301. BUILDING PERMITS

 

301.1 Except as provided in Subtitle A §§ 301.5 and 301.7, a building permit shall not be issued for the proposed erection, construction, conversion, or alteration of any structure unless the plans for the erection, construction, conversion, or alteration fully conform to the provisions of this title.

 

301.2 To determine compliance with the provisions of this title, each application for a building permit shall be accompanied by any of the following that is deemed necessary:

 

(a) Scaled drawings showing the:

 

(1) Exact shape, topography, and dimensions of the lot to be built upon;

 

(2) Plan, elevation, and location by dimensions of all existing and proposed structures, and the proposed use of those structures;

 

(3) Parking and loading plans and the basis for computation of those plans; and

 

(4) Other information necessary to determine compliance with this title; and

 

(b) An official building plat, in duplicate, prepared by the Surveyor of the District of Columbia, upon which the applicant shall indicate in ink and to the same scale dimensions:

 

(1) All existing and proposed structures;

 

(2) The number, size, and shape of all open parking spaces, open loading berths, and approaches to all parking and loading facilities; and

 

(3) Other information necessary to determine compliance with the provisions of this title.

 

301.3 Except as provided in the building lot control regulations for Residence Districts in Subtitle C and § 5 of An Act to amend an Act of Congress approved March 2, 1893, entitled “An Act to provide a permanent system of highways in that part of the District of Columbia lying outside of cities,” and for other purposes, approved June 28, 1898 (30 Stat. 519, 520, as amended; D.C. Official Code § 9-101.05, a building permit shall not be issued for the proposed erection, construction, or conversion of any principal structure, or for any addition to any principal structure, unless the land for the proposed erection, construction, or conversion has been divided so that each structure will be on a separate lot of record; except a building permit may be issued for:

 

(a) Buildings and structures related to a fixed right-of-way mass transit system approved by the Council of the District of Columbia;

 

(b) Boathouse, yacht club, or marina that fronts on a public body of water, is otherwise surrounded by public park land, and is zoned MU-11;

 

(c) Any combination of commercial occupancies separated in their entirety, erected, or maintained in a single ownership shall be considered as one (1) structure;

 

(d) Trapeze school and aerial performing arts center to be constructed pursuant to Subtitle K;

 

(e) A structure in the USN zone to be constructed on an air rights lot that is not a lot of record; and

 

(f) Buildings and structures approved as part of a campus or private school plan or medical campus plan.

 

301.4Except as provided in Subtitle A §§ 301.9 through 301.13, any construction authorized by a permit may be carried to completion pursuant to the provisions of this title in effect on the date that the permit is issued, subject to the following conditions:

 

(a)The permit holder shall begin construction work within two (2) years of the date on which the permit is issued; and

 

(b)Any amendment of the permit shall comply with the provisions of this title in effect on the date the permit is amended.

 

301.5 If an application for a type of building permit enumerated in Subtitle A § 301.6 is filed when the Zoning Commission has pending before it a proceeding to consider an amendment of the zone classification of the site of the proposed construction, the processing of the application and the completion of work pursuant to the permit shall be governed as follows:

 

(a) If one (1) of the building permit applications listed in Subtitle A § 301.6 is filed on or before the date on which the Zoning Commission makes a decision to hold a hearing on the amendment, the processing of the application and completion of the work shall be governed by Subtitle A § 301.4.  The application shall be accompanied by any fee that is required, and by the plans and other information required by Subtitle A § 301.2, which shall be sufficiently complete to permit processing without substantial change or deviation, and by any other plans and information that are required to permit complete review of the entire application under any applicable District of Columbia regulations;

 

(b) If the application is filed after the date on which the Zoning Commission has made a decision to hold a hearing on the amendment, the application may be processed, and any work authorized by the permit may be carried to completion, only in accordance with the zone classification of the site pursuant to the final decision of the Zoning Commission in the proceeding, or if the case is pending, in accordance with either the most restrictive zone classification being considered for the site or, if more restrictive, the site’s current zone classification;

 

(c) For purposes of paragraph (b) of this subsection, the phrase "zone classification being considered for the site" shall include any zone district classification that the Zoning Commission has decided to notice for adoption and the zone district classification that is in effect on the date the application is filed;

 

(d) The limitation in paragraph (b) of this subsection shall not prevent the issuance of a building permit that is necessary in an emergency to protect the public health or safety; and

 

(e) The limitation in paragraph (b) of this subsection shall not apply to a decision to hold a hearing on an application to amend the Zoning Regulations or Zoning Maps filed by an owner of property pursuant to Subtitle Z of this title.

 

301.6 For the purposes of Subtitle A § 301.5, the term “building permit” refers to the following types of permits:

 

(a) A permit for new construction, including constructing, adding to or moving a building or structure;

 

(b) A permit to erect or replace an awning, canopy, tent, or other membrane structure, or similar structures as a principal structure;

 

(c) A permit to erect a radio, television, or other telecommunications tower as a principle structure; or

 

(d) A permit for a change of use or occupancy, increase in load or modification of floor layout of the building or structure.

 

301.7 All applications for building permits authorized by orders of the Board of Zoning Adjustment may be processed in accordance with the Zoning Regulations in effect on the date the vote was taken to approve the application; provided, that all applications for building permits shall be accompanied by the plans and other information required by Subtitle A § 301.2, which shall be sufficiently complete to permit processing without substantial change or deviation.

 

301.8 A building permit issued in accordance with Subtitle A §§ 301.4 through 301.6, and §§ 301.9 through 301.11 shall not be renewable if permitted to lapse, unless it is reprocessed in accordance with all provisions of this title. 

 

301.9 Notwithstanding Subtitle A § 301.4, a building permit application (including a foundation-to-grade permit application) (the Permit Application) for construction of a new one- (1) family dwelling or flat, or for construction of an addition or alteration to an existing one- (1) family dwelling or an existing flat not involving a conversion to an apartment house, or an addition or alteration to an existing apartment house in an RF zone shall be processed, and any work authorized by the permit may be carried to completion pursuant to the provisions of the RF regulations in place as of July 17, 2014, if:

 

(a) The Permit Application was legally filed with, and accepted as complete by, the Department of Consumer and Regulatory Affairs prior to February 1, 2015; or

 

(b) The project has:

 

(1)An unexpired approval of a variance or special exception by the Board of Zoning Adjustment; or

 

(2)An unexpired approval of a design or concept design by the Historic Preservation Review Board (including a delegated approval made pursuant to 10-C DCMR §§ 319 through 321), or Commission of Fine Arts; and

 

(3) The vote to approve the variance, special except, design, or concept design or the delegated action occurred:

 

(A) Prior to June 26, 2015; or

 

(B) On or after June 26, 2015, and the application for the variance, special exception, design, or concept design was filed prior thereto.

 

301.10 Notwithstanding Subtitle A § 301.4, a building permit application (including a foundation-to-grade permit application) (the Permit Application) for construction involving the conversion of a one- (1) family dwelling or flat to an apartment house in an RF zone shall be processed, and any work authorized by the building permit may be carried to completion pursuant to the provisions of the RF regulations in place as of July 17, 2014, if:

 

(a)The Permit Application was legally filed with, and accepted as complete by, the Department of Consumer and Regulatory Affairs prior to July 17, 2014; or

 

(b)The project has:

 

(1)An unexpired approval of a variance or special exception by the Board of Zoning Adjustment; or

 

(2)An unexpired approval of a design or concept design by the Historic Preservation Review Board (including a delegated approval made pursuant to 10-C DCMR §§ 319 through 321), or the Commission of Fine Arts; and

 

(3) The vote to approve the variance, special exception, design, or concept design or the delegated action occurred:

 

(A) Prior to June 26, 2015; or

 

(B) On or after June 26, 2015, and the application for the variance, special exception, design, or concept design was filed prior thereto.

 

301.11 Notwithstanding Subtitle A § 301.4 and except as provided in Subtitle A § 301.12, a building permit application (including a foundation-to-grade permit application) (the Permit Application) for construction involving the conversion of an existing non-residential building to an apartment house in an RF zone shall be processed, and any work authorized by the building permit may be carried to completion pursuant to the provisions of the RF regulations in place as of July 17, 2014, if:

 

(a) The Permit Application was legally filed with, and accepted as complete by the Department of Consumer and Regulatory Affairs prior to June 26, 2015; or

 

(b) The project has:

 

(1) An expired approval of a variance or special exception by the Board of Zoning Adjustment; or

 

(2) An unexpired approval of a design or concept design by the Historic Preservation Review Board (including a delegated approval made pursuant to 10-C DCMR §§ 319 through 321), or the Commission of Fine Arts; and

 

(3) The vote to approve the variance, special exception, design, or concept design or the delegated action occurred:

(A) Prior to June 26, 2015; or

 

(B) On or after June 2015, and the application for the variance, special exception, design, or concept design was filed prior thereto.

 

301.12 Notwithstanding Subtitle A § 301.11, an applicant for a building permit described in Subtitle A § 301.11 may choose to have its building permit application processed in accordance with the RF regulations in place as of June 26, 2015 by indicating its choice in writing as part of its building permit application.  A Board of Zoning Adjustment application may be amended to reflect the applicant’s intended choice.

 

301.13Notwithstanding Subtitle A § 301.4, a building permit application (including a foundation-to-grade permit application) (the Application) for construction involving any penthouse other than as restricted in Subtitle C § 1500.4 may be processed, and any work authorized by the building permit may be carried to completion, pursuant to the provisions of the roof structure regulations in place as of November 19, 2015, if the Application was legally filed with, and accepted as complete by, the Department of Consumer and Regulatory Affairs, and had received a Letter of Zoning Compliance from the Zoning Administrator prior to that date.

 

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)).

source

Final Rulemaking published at 63 DCR 2447, 2623 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 9533 (July 15, 2016).