D.C. Mun. Regs. tit. 11, r. 11-Y705

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

Rule 11-Y705 - TIME EXTENSIONS

705.1

The provisions of this section apply in their entirety to applications approved by the Board of Zoning Adjustment.

705.2

The Board may extend the time periods in Subtitle Y § 702.1 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 (1) 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.

705.3

A time extension granted pursuant to Subtitle Y § 705.1 shall not exceed two (2) years, or one (1) year for an Electronic Equipment Facility.

705.4

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.

705.5

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

705.6

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 Subtitle Y § 604.8.

705.7

For an order scheduled to expire between October 27, 2020, and December 31, 2021, an applicant may request an extension due to the complications from the COVID-19 pandemic by filing an application with the Director prior to the expiration of the order sought to be extended, which shall be extended administratively by the Director upon payment of the fee specified in Subtitle Y § 1600.1 and Table Y § 1600.

705.7

For an order scheduled to expire between October 27, 2020 and June 30, 2022, an applicant may request an extension due to the complications from the COVID-19 pandemic by filing an application with the Director prior to the expiration of the order sought to be extended, which shall be extended administratively by the Director upon payment of the fee specified in Subtitle Y § 1600.1 and Table Y § 1600.

D.C. Mun. Regs. tit. 11, r. 11-Y705

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 68 DCR 909 (1/15/2021); amended by Final Rulemaking published at 68 DCR 6294 (6/18/2021); amended by Final Rulemaking published at 69 DCR 3870 (4/22/2022)