Section 11-A303. COMPLIANCE WITH CONDITIONS IN ORDERS

 

303.1 The 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 of Zoning Adjustment or the Zoning 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, design review, or planned unit development.

 

303.2 If the order of the Board of Zoning Adjustment or the Zoning Commission conditions the issuance of a building permit or certificate of occupancy upon the recordation of a covenant, then, for purposes of Subtitle A §§ 303.4 and 303.5, 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.

 

303.3 If a building permit or certificate of occupancy has been issued under the authority of a decision of the Board of Zoning Adjustment to approve a special exception or variance, then for purposes of Subtitle A §§ 303.4 and 303.5, 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.

 

303.4 Any 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.

 

303.5 Any 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

§ 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).