D.C. Mun. Regs. tit. 11, r. 11-Z705

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 11-Z705 - TIME EXTENSIONS

705.1

The provisions of this section apply in their entirety to applications for design review and planned unit developments (PUDs) approved by the Zoning Commission.

705.2

An applicant may request an extension of the time periods of an order for good cause upon the filing of a written request, before the expiration of the approval, documenting the following:

(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 Commission based its original approval of the application that would undermine the Commission's justification for approving the original application; and

(c) The applicant demonstrates with substantial evidence one (1) or more of the following criteria:

(1) An inability to obtain sufficient project financing for the development, following an applicant's diligent good faith efforts to obtain such financing, because of changes in economic and market conditions beyond the applicant's reasonable control;

(2) An inability to secure all required governmental agency approvals for a development by the expiration date of the order because of delays in the governmental agency approval process 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 that renders the applicant unable to comply with the time limits of the order.

705.3

The Commission may at their sole discretion:

(a) Grant the extension for no more than two (2) years, subject to their determination that the applicant has sufficiently evidenced compliance with the criteria in Subtitle Z §§ 705.2; or

(b) Grant the extension for no more than two (2) years, subject to their determination that the applicant has sufficiently evidenced compliance with the above criteria but with applicable conditions that the Commission concludes are in the public interest and which will expire with the issuance of a certificate of occupancy for the project; or

(c) Deny the extension request.

705.4

Only one (1) extension, not including any granted due to the COVID-19 pandemic under Subtitle Z §§ 702.1-702.3 or 705.9, may be requested for a design review development approval.

705.5

An applicant with an approved PUD may request no more than two (2) extensions, not including any granted due to the COVID-19 pandemic under Subtitle Z §§ 702.1-702.3 or 705.9. The second extension for an extension may be approved for no more than one (1) year.

705.6

A request for an extension of an approval may not be filed more than six (6) months prior to the expiration of the order.

705.7

The Commission shall hold a public hearing on a request for an extension of the validity of an application approval only if, in the determination of the Commission, there is a material factual conflict that has been generated by the parties to the proceeding concerning any of the criteria in Subtitle Z §§ 705.2. The hearing shall be limited to the specific and relevant evidentiary issues in dispute.

705.8

In the event an appeal is filed in a court of competent jurisdiction from an order of the Commission, the time limitations of Subtitle Z §§ 702.1, 702.2, and 702.3 shall run from the decision date of the court's final determination of the appeal. Unless stayed by the Commission or a court of competent jurisdiction, an applicant may proceed pursuant to the order of the Commission prior to any such final determination.

705.9

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 Z §§ 1600.10 and Table Z §§ 1600.

D.C. Mun. Regs. tit. 11, r. 11-Z705

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 64 DCR 000022 (1/6/2017); 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); amended by Final Rulemaking published at 71 DCR 9667 (8/2/2024)