702 VALIDITY OF APPROVALS AND IMPLEMENTATION

702.1 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, including any extension other than one granted by this subsection, scheduled to expire between April 27, 2020 and December 31, 2020, shall remain valid for a single period of six (6) months from the date of expiration of the approval.

702.2 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, including any extension other than one granted by this subsection, 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 a single period of six (6) months from the date of expiration of the approval.

702.3 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 any such construction deadline, including by any extension other than one granted by this subsection, scheduled to expire between April 27, 2020 and December 31, 2020, shall be extended by a single period of six (6) months.

702.4 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.

702.5 Previous approval of an application shall not be a binding precedent on a new application.

702.6 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.

702.7 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.

702.8 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.

702.8 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:

(a) Requirements to maintain a minimum number of on-campus beds or provide housing for a minimum percentage of students;

(b) Requirements that certain classes of students reside on campus;

(c) Limits on housing for certain classes of students to specific locations; and

(d) Limits on the use of classroom spaces for certain classes of students to specific locations.

702.9 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.

702.10 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.

702.11 A text amendment approved by the Commission shall be effective upon issuance of a final order.

702.12 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.

702.14 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.

702.15 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:

(a) Interior Components: To vary the location and design of all interior components, including partitions, structural slabs, doors, hallways, columns, stairways, atria, and mechanical rooms, provided that the variations do not change the exterior configuration of the building as shown on the plans approved by the order;

(b) Exterior Materials – Color: To vary the final selection of the colors of the exterior materials based on availability at the time of construction, provided such colors are within the color ranges shown on the plans approved by the order;

(c) Exterior Details – Location and Dimension: To make minor refinements to the locations and dimensions of exterior details that do not substantially alter the exterior configuration of the building or design shown on the plans approved by the order. Examples of exterior details would include, but are not limited to, doorways, canopies, railings, and skylights;

(d) Number of Units: To provide a range in the approved number of residential dwelling units of plus or minus ten percent (10%), except that (1) the total square footage of the residential dwelling units shall not be reduced, and (2) the number of units and the square footage reserved for affordable housing shall not be reduced;

(e) Parking Layout: To make refinements to the approved parking configuration, including layout and number of parking space plus or minus

ten percent (10%), so long as the number of parking spaces is at least the minimum number of spaces required by the Zoning Regulations;

(f) Streetscape Design: To vary the location, attributes, and general design of the approved streetscape to comply with the requirements of, and the approval by, the DDOT Public Space Division;

(g) Signage: To vary the font, message, logo, and color of the approved signage, provided that the maximum overall dimensions and signage materials are consistent with the signage on the plans approved by the order and are compliant with the DC signage regulations; and

(h) Sustainable Features: To vary the approved sustainable features of the project, provided the total number of LEED points achievable for the project does not decrease below the minimum required for the LEED standard specified by the order.

SOURCE: Final Rulemaking published at 63 DCR 2447, 3573 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 64 DCR 22 (January 6, 2017); as amended by Final Rulemaking published at 64 DCR 8596 (September 1, 2017); as amended by Final Rulemaking published at 67 DCR 9516 (August 7, 2020); as amended by Final Rulemaking published at 67 DCR 13131 (November 6, 2020); as amended by Final Rulemaking published at 67 DCR 14517 (December 11, 2020); as amended by Final Rulemaking published at 68 DCR 909 (January 15, 2021); as amended by Errata Notice published at 68 DCR 1272 (January 22, 2021); as amended by Final Rulemaking published at 69 DCR 000930 (February 4, 2022); as amended by Final Rulemaking published at 71 DCR 009667 (August 2, 2024).