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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-Y705. TIME EXTENSIONS
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705.1 The Board may extend the time periods in Subtitle Y § 702.1 for good cause shown upon the filing of a written request by the applicant before the expiration of the approval; provided, that the Board determines that the following requirements are met:
(a) The extension request is served on all parties to the application by the applicant, and all parties are allowed thirty (30) days to respond;
(b) There is no substantial change in any of the material facts upon which the Board based its original approval of the application that would undermine the Board’s justification for approving the original application; and
(c) The applicant demonstrates that there is good cause for such extension, with substantial evidence of one (1) or more of the following criteria:
(1) An inability to obtain sufficient project financing due to economic and market conditions beyond the applicant’s reasonable control;
(2) An inability to secure all required governmental agency approvals by the expiration date of the Board’s order because of delays that are beyond the applicant’s reasonable control; or
(3) The existence of pending litigation or such other condition, circumstance, or factor beyond the applicant’s reasonable control.
705.2 A time extension granted pursuant to Subtitle Y § 705.1 shall not exceed two (2) years, or one (1) year for an Electronic Equipment Facility.
705.3 The Board’s decision on the request shall be in writing and shall become final and effective upon its filing in the record and service upon the parties.
705.4 A request for a time extension shall toll the expiration date for the sole purpose of allowing the Board to consider the request.
705.5 If the request is not decided prior to an order’s expiration date, no application for a building permit may be filed pursuant to the order unless and until a decision granting the request becomes final and effective pursuant to Subtitle Y § 604.8.