Section 11-Z702. VALIDITY OF APPROVALS AND IMPLEMENTATION

 

702.1A first-stage approval of a planned unit development (PUD) by the Commission shall be valid for a period of one (1) year, unless a longer period is established by the Commission at the time of approval.

702.2 A contested case approval by the Commission shall be valid for a period of two (2) years from the effective date of the order granting the application, unless a longer period is established by the Commission at the time of approval, within which time application shall be filed for a building permit.

702.3 Construction shall start within three (3) years after the effective date of order granting the design review or second-stage PUD application, unless a longer period is established by the Commission at the time of approval.

702.4 In granting second-stage or design review approval, the Commission may specify that the project be built in stages and shall specify the timing of the stages.

702.5 Previous approval of an application shall not be a binding precedent on a new application.

702.6 If no application for a permit is filed, construction has not started within the period specified, or no extension is granted, the approval shall expire, the zoning shall revert to the pre-existing regulations and map.

702.7 Following approval of an application by the Commission, the applicant may file an application for a building permit with the proper authorities of the District of Columbia.

702.8 The Zoning Administrator shall not approve a permit application unless the plans conform in all respects to the plans approved by the Commission, as those plans may have been modified by any guidelines, conditions, or standards that the Commission may have applied.  Nor shall the Zoning Administrator accept the establishment of an escrow account in satisfaction of any condition in the Commission’s order approving the PUD.

702.9 For design review applications, approval shall be treated as a whole.  Specific flexibility or special exception uses approved as part of the design review development shall not be bifurcated without approval of the Commission.

702.10 For PUD cases, the Zoning Administrator shall not approve a permit application unless the applicant has recorded a covenant in the land records of the District of Columbia by the owner or owners for the benefit of the District of Columbia, satisfactory to the Office of the Attorney General and the Zoning Administrator, which covenant will bind the owner and all successors in title to construct on and use the property only in accordance with the adopted orders, or amendments thereof, of the Commission.

702.11 The orders of the Commission issued in accordance with this chapter shall have all the force of this title, and violations shall be prosecuted in accordance with the provisions of Subtitle A, Chapter 3 of this title.

702.12 A text amendment approved by the Commission shall be effective upon issuance of a final order.

702.13 If applicable, the Office of Zoning shall make the referenced changes to the official Zoning Map and other public documents within thirty (30) days of the final action by the Commission.

 

 

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, 3573 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017).