D.C. Mun. Regs. tit. 11, r. 11-A102

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

Rule 11-A102 - VESTED RIGHTS UNDER THE PREVIOUS 1958 ZONING REGULATIONS, AS AMENDED

102.1

A project identified within this section shall be considered to have vested development rights (vested project) subject to the provisions and requirements of the 1958 Zoning Regulations, any conditions of approval, and subject to the conditions of Subtitle A §§ 102.4 through 102.7.

102.2

An application for a building permit that has been officially accepted by the Department of Consumer and Regulatory Affairs as being complete prior to the effective date of this title, if the building permit plans are consistent with the 1958 Regulations, shall be considered a vested project.

102.3

An application for a building permit filed on or after the effective date of this title shall be considered a vested project if the building permit plans are consistent with:

(a) An unexpired approval of a first-stage, second-stage, or consolidated planned unit development; variance; special exception; campus plan; design review in the CG or SEFC zones; or concept design by the Historic Preservation Review Board or Commission of Fine Arts; provided, the vote to approve occurred prior to the effective date of this title;

(b) An unexpired approval of a variance, special exception, or design review in the CG or SEFC zones granted on or after the effective date of this title, for which a public hearing was held prior to the effective date of this title;

(c) An unexpired approval of a first-stage, second-stage, or consolidated planned unit development that was granted after the effective date of this title, but which was set down for a public hearing prior to the effective date of this title; or

(d) A large tract review completed prior to January 1, 2015.

102.4

An application to the Board of Zoning Adjustment or the Zoning Commission for a modification (other than a minor modification) to a vested project shall conform with the 2016 Regulations as the 2016 Regulations apply to the requested modification.

102.5

Any condition in an order of approval for a vested project identified within this section shall be considered binding despite any less restrictive requirements under the 2016 Regulations unless otherwise approved as a modification by the regulating authority.

102.6

A project that utilizes vested rights under the 1958 Regulations shall be subject only to the provisions of the 1958 Regulations, unless approved as a modification by the regulating authority.

102.7

An approved amendment to a vested project that includes a physical building or structural addition shall be subject to the regulations in effect at the time of issuance of a building permit.

D.C. Mun. Regs. tit. 11, r. 11-A102

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 63 DCR 10932 (9/6/2016); amended by Final Rulemaking published at 64 DCR 2783 (3/17/2017)