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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 11. ZONING REGULATIONS OF 2016 |
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SubTilte 11-Y. BOARD OF ZONING ADJUSTMENT RULES OF PRACTICE AND PROCEDURE |
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Chapter 11-Y7. APPROVALS AND ORDERS |
Section 11-Y702. VALIDITY OF APPROVALS AND IMPLEMENTATION
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702.1 An order granting a special exception or variance where the establishment of the use is dependent upon the erection or alteration of a structure shall be valid for a period of two (2) years, or one (1) year for an Electronic Equipment Facility, within which time an application shall be filed for a building permit for the erection or alteration approved. If the erection or alteration of more than one (1) structure is approved, a building permit application must be filed for all such structures within this two (2) year period.
702.2 An order granting a special exception or variance where the establishment of the use is not dependent upon the erection or alteration of a structure shall be valid for a period of six (6) months, within which time an application shall be filed for a certificate of occupancy for the use approved.
702.3 In the event a petition to review an order of the Board is filed in the District of Columbia Court of Appeals, all time limitations of Subtitle Y §§ 702.1 and 702.2 shall commence to run from the decision date of the court’s final determination of the appeal. Unless stayed by the Board or a court of competent jurisdiction, an applicant may proceed pursuant to the order of the Board prior to the court’s final determination.
702.4 The filing of a request to modify plans or any other aspect of a Board order pursuant to Subtitle Y § 704 shall not toll the time periods in Subtitle Y §§ 702.1 and 702.2 and an order granting a modification shall not extend those time periods.
702.5 A structure erected pursuant to an area variance shall be deemed a conforming structure but any expansion that does not conform to the use and structure requirements of the Zoning Regulations shall require additional variance relief.
702.6 Expansion of a use authorized by a variance shall require the grant of another use variance.
702.7 Following approval of an application by the Board, the applicant may file an application for a building permit or certificate of occupancy with the proper authorities of the District of Columbia.
702.8 The Zoning Administrator shall not approve a permit application for zoning compliance unless the plans conform to the plans approved by the Board as those plans may have been modified by any guidelines, conditions, or standards that the Board may have applied, subject to the minor deviations permitted by Subtitle Y § 703.
702.9 The Zoning Administrator also shall not approve an application for a certificate of occupancy unless the requested use is identical to the use approved by the Board or is for a use permitted as a matter of right.