D.C. Mun. Regs. tit. 11, r. 11-2005

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 11-2005 - DISCONTINUANCE

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.

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.

D.C. Mun. Regs. tit. 11, r. 11-2005

§ 7107.1 of the Zoning Regulations, effective May 12, 1958; as amended by Final Rulemaking published at 30 DCR 3922, 3928 (August 5, 1983); as amended by Final Rulemaking published at 57 DCR 9492, 9493 (October 8, 2010)

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 ).