D.C. Mun. Regs. tit. 11, r. 11-Z702
A first-stage approval of a planned unit development (PUD) by the Commission shall be valid for a period of one (1) year, unless a longer period is established by the Commission at that time of approval; provided that any approval scheduled to expire between April 27, 2020, and December 31, 2020, shall remain valid for a period of six (6) months from the date of expiration of the approval although this six (6) month extension shall run concurrently with any subsequent time extension and shall not be cumulative to that subsequent time extension.
A contested case approval by the Commission shall be valid for a period of two (2) years from the effective date of the order granting the application, unless a longer period is established by the Commission at the time of approval, within which time an application shall be filed for a building permit; provided that any approval scheduled to expire between April 27, 2020, and December 31, 2020 (including any campus plan approval, whether approved under the BZA or Zoning Commission rules of procedure), shall remain valid for six (6) months from the date of expiration of the approval although this six (6) month extension shall run concurrently with any subsequent time extension and shall not be cumulative to that subsequent time extension.
Construction shall start within three (3) years after the effective date of the order granting the application, unless a longer period is established by the Commission at the time of approval; provided that this three (3) year period shall be extended by six (6) months for any construction deadline scheduled to expire between April 27, 2020, and December 31, 2020, although this six (6) month extension shall run concurrently with any subsequent time extension and shall not be cumulative to that subsequent time extension.
In granting second-stage or design review approval, the Commission may specify that the project be built in stages and shall specify the timing of the stages.
Previous approval of an application shall not be a binding precedent on a new application.
If no application for a permit is filed, construction has not started within the period specified, or no extension is granted, the approval shall expire, the zoning shall revert to the pre-existing regulations and map.
Following approval of an application by the Commission, the applicant may file an application for a building permit with the proper authorities of the District of Columbia.
Subject to Subtitle A §§ 304.5 and to Subtitle Z §§ 702.15, the Zoning Administrator shall not approve a permit application unless the plans conform in all respects to the plans approved by the Commission, as those plans may have been modified by any guidelines, conditions, or standards that the Commission may have applied. Nor shall the Zoning Administrator accept the establishment of an escrow account in satisfaction of any condition in the Commission's order approving the PUD.
In response to the ongoing 2020 public health emergency, the following conditions in orders approving Campus Plans and associated PUDs for universities shall be suspended for the 2020-2021 academic year to accommodate re-opening plans pursuant to Mayor's Order 2020-067, provided that enrollment limits shall remain unchanged and in effect:
For PUD cases, the Zoning Administrator shall not approve a permit application unless the applicant has recorded a covenant running with the land, found technically sufficient by the Zoning Administrator and legally sufficient by the Office of Zoning Legal Division, in the land records of the District of Columbia by the owner or owners for the benefit of the District of Columbia, which covenant will bind the owner and all successors in title to construct on and use the property only in accordance with the adopted orders, or amendments thereof, of the Zoning Commission.
The orders of the Commission issued in accordance with this chapter shall have all the force of this title, and violations shall be prosecuted in accordance with the provisions of Subtitle A, Chapter 3 of this title.
A text amendment approved by the Commission shall be effective upon issuance of a final order.
If applicable, the Office of Zoning shall make the referenced changes to the official Zoning Map and other public documents within thirty (30) days of the final action by the Commission.
As of October 1, 2021, any condition in an order issued by the Zoning Commission requiring the approval of the Office of the Attorney General shall be understood to refer to the approval of the Office of Zoning Legal Division.
Zoning Commission orders in contested cases that authorize the construction or alteration of a building or structure shall include the following types of design flexibility from the plans approved by the order unless a condition in the order limits or revises this flexibility. The flexibility granted in paragraphs (d) through (h) is available only if the plans approved by the order depict the particular features:
D.C. Mun. Regs. tit. 11, r. 11-Z702