D.C. Mun. Regs. tit. 11, r. 11-3132

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

Rule 11-3132 - EXPIRATION OF SPECIAL EXCEPTION USES

3132.1

If a special exception use is established, the use will only expire if:

(a) An expiration date is specified in the order;

(b) The special exception use is discontinued for any reason for any period of three (3) or more years occurring after October 8, 2010; except where governmental action impedes access to the premises; or

(c) A certificate of occupancy for a different use is issued after October 8, 2010.

3132.2

If a special exception use expires, any subsequent use shall conform to the regulations of the district in which the use is located.

3132.3

Notwithstanding § 3132.1(b), a special exception use shall not expire if there is objective proof of a continuing use or of affirmative steps taken to resume the use during the period of time identified by the Zoning Administrator when revoking an existing certificate of occupancy or denying an application for a replacement certificate of occupancy.

D.C. Mun. Regs. tit. 11, r. 11-3132

Final Rulemaking published at 57 DCR 9492, 9494 (October 8, 2010)

Authority: The Zoning Commission for the District of Columbia (the "Commission"), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 and 6-641.0 ).