D.C. Mun. Regs. tit. 11, r. 11-3130

Current through Register Vol. 71, No. 41, October 11, 2024

Rule 11-3130 - TIME LIMITS ON THE VALIDITY OF BOARD ORDERS

3130.1

No order authorizing the erection or alteration of a structure shall be valid for a period longer than two (2) years, or one (1) year for an Electronic Equipment Facility (EEF), unless, within such period, the plans for the erection or alteration are filed for the purposes of securing a building permit, except as permitted in § 3130.6.

3130.2

Any permit approved under this chapter shall be issued within a period of six (6) months after the date of the filing of an application for the permit.

3130.3

The erection or alteration approved in the permit shall be started within six (6) months after the date of the issuance of the permit, and shall proceed to completion in accordance with its terms. If the work is not started within such period the permit shall expire and shall not be renewed.

3130.4

An order of the Board authorizing the use of all or any portion of a structure or parcel of land shall not be valid for a period in excess of six (6) months, unless such use is established within that period; provided, however, that where the permitted use is dependent upon the erection or alteration of a structure, §§ 3130.1 through 3130.3 shall apply.

3130.5

In the event an appeal is filed in a court of competent jurisdiction from an order of the Board, all time limitations in this section 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 appellant or applicant may proceed pursuant to the order of the Board prior to the court's final determination.

3130.6

The Board may extend the time periods in § 3130.1 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 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.

3130.7

A time extension granted pursuant to § 3130.6 shall not exceed two (2) years, or one (1) year for an Electronic Equipment Facility.

3130.8

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.

3130.9

A request for a time extension shall toll the expiration date for the sole purpose of allowing the Board to consider the request.

3130.10

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 § 3130.8.

D.C. Mun. Regs. tit. 11, r. 11-3130

Final Rulemaking published at 46 DCR 7853, 7916 (October 1, 1999); as amended by Final Rulemaking published at 48 DCR 9830, 9841 (October 26, 2001); as amended by Final Rulemaking and Order No. 09-01 published at 56 DCR 4388 (June 5, 2009); as amended by Final Rulemaking published at 57 DCR 9492, 9493 (October 8, 2010); as amended by Final Rulemaking published at 60 DCR 8967 (June 14, 2013)

Authority: The Zoning Commission for the District of Columbia (the "Commission"), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 and 6-641.0 ).