261820 Zoning Commission Notice of Public Hearing: Case No. 10-08 (Text amendments related to the expiration of special exception and non-conforming uses, and the effective date of special exception uses for which a term has been established)
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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF PUBLIC HEARING
TIME AND PLACE: Thursday, June 24, 2010 @ 6:30 P.M.
Office of Zoning Hearing Room
441 4th Street, N.W. Suite 220-S
Washington, D.C. 20001
FOR THE PURPOSE OF CONSIDERING THE FOLLOWING:
CASE NO. 10-08 (Text amendments related to the expiration of special exception and non-conforming uses, and the effective date of special exception uses for which a term has been established)
THIS CASE IS OF INTEREST TO ALL ANCs
The Office of Planning (“OP”), in a report dated April 15, 2010, petitioned the Zoning Commission for text amendments related to the expiration of special exception and non-conforming uses, and the effective date of special exception uses for which a term has been established. The requested text amendments would reinforce the non-conforming use discontinuance provision of 11 DCMR § 2005, establish expiration dates for discontinued and superseded uses permitted by special exception, and provide that all special exception terms begin on the date upon which the order becomes effective.
At its regular public meeting held April 26, 2010, the Zoning Commission setdown this case for a public hearing. The OP report served as the pre-hearing submittal for the case.
The proposed amendments to the Zoning Regulations, Title 11 DCMR, are as follows:
A. Chapter 20, NONCONFORMING USES AND STRUCTURES, Section 2005, DISCONTINUANCE, is amended as follows:
1. By amending § 2005.1 by striking the phrase “a period of more than three (3) years” and inserting the phrase “any period of more than three (3) years” in its place, so the provision will read as follows:
2005.1 Discontinuance for any reason of a nonconforming use of a structure or of land, except where governmental action impedes access to the premises, for any period of more than three (3) years, shall be construed as prima facie evidence of no intention to resume active operation as a nonconforming use. Any subsequent use shall conform to the regulations of the district in which the use is located.
2. By adding a new § 2005.2 to read as follows:
2005.2 This presumption may only be rebutted by objective proof of a continuing use or of affirmative steps taken to resume the use during the period of time identified by the Zoning Administrator when revoking an existing certificate of occupancy or denying an application for a replacement certificate of occupancy.
B. Chapter 31, BOARD OF ZONING ADJUSTMENT RULES OF PRACTICE AND PROCEDURE, is amended as follows:
1. By amending the title of § 3130, TIME LIMITS ON BOARD ACTION, by striking the words “BOARD ACTION” and inserting the words “THE VALIDITY OF BOARD ORDERS” in their place to read as follows:
3130 TIME LIMITS ON THE VALIDITY OF BOARD ORDERS
2. By adding a new § 3131 to read as follows:
3131 COMMENCEMENT OF SPECIAL EXCEPTION TERMS
3131.1 When the Board limits its approval of a special exception to a term of years, the length of that term begins on the date upon which the order became final.
3. By adding a new § 3132 to read as follows:
3132 EXPIRATION OF SPECIAL EXCEPTION USES
3132.1 If a special exception use is established, the use will only expire if:
(a) An expiration date is specified in the order;
(b) The special exception use is discontinued for any reason for any period of three (3) or more years; except where governmental action impedes access to the premises; or
(c) A certificate of occupancy for a different use is issued.
3132.2 If a special exception use expires, any subsequent use shall conform to the regulations of the district in which the use is located.
3132.3 Notwithstanding § 3131.2 (b), a special exception use shall not expire if objective proof of a continuing use or of affirmative steps taken to resume the use during the period of time identified by the Zoning Administrator when revoking an existing certificate of occupancy or denying an application for a replacement certificate of occupancy.
Proposed amendments to the Zoning Regulations of the District of Columbia are authorized pursuant to the Zoning Act of June 20, 1938, (52 Stat. 797), as amended, D.C. Official Code § 6-641.01, et seq.
The public hearing on this case will be conducted as a rulemaking in accordance with the provisions of 11 DCMR § 3021. Pursuant to that section, the Commission will impose time limits on testimony presented to it at the public hearing.
All individuals, organizations, or associations wishing to testify in this case should file their intention to testify in writing. Written statements, in lieu of personal appearances or oral presentations, may be submitted for inclusion in the record.
Information should be forwarded to Sharon Schellin, the Secretary of the Zoning Commission, Office of Zoning, Suite 200/210-S, 441 4th Street, N.W., Washington, D.C., 20001. Please include the number of this particular case and your daytime telephone number. FOR FURTHER INFORMATION, YOU MAY CONTACT THE OFFICE OF ZONING AT (202) 727-6311.
ANTHONY J. HOOD, KONRAD W. SCHLATER, MICHAEL G. TURNBULL, AND PETER G. MAY -- ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA, BY JAMISON L. WEINBAUM, DIRECTOR, AND BY SHARON S. SCHELLIN, SECRETARY TO THE ZONING COMMISSION.
