706. EXPIRATION OF SPECIAL EXCEPTIONS AND USE VARIANCES

EXPIRATION OF SPECIAL EXCEPTIONS AND USE VARIANCES If a special exception use or use variance is established, the use will only expire if: An expiration date is specified in the order; The special exception use or use variance 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 Either of the following occurs after the effective date of the order granting the variance: A certificate of occupancy for a different use is issued; or A residential use for which no certificate of occupancy is required is established. If a special exception use or use variance expires, any subsequent use shall conform to the regulations of the district in which the use is located. Notwithstanding Subtitle Y § 706.1(b), a special exception use or use variance 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. An area variance shall expire if the structure erected or expanded pursuant to the variance is replaced by a structure that conforms to the structure requirements of the Zoning Regulations. SOURCE: Final Rulemaking published at 63 DCR 2447, 3500 (March 4, 2016 – Part 2). District of Columbia Municipal Regulations Zoning Regulations of 2016: Board of Zoning Adjustment Rules of Practice and Procedure 11-Y DCMR § 706