(10)   Lapse of Permits and Approvals.
(a)   Except as specifically stated in any other section of this Zoning Code, an approval or permit granted under this Zoning Code, including approvals by the Historical Commission pursuant to § 14-1005 (Regulation), shall expire if construction or operation pursuant to the permit or approval has not begun within three years after the date the permit or approval was granted.
(b)   As exceptions to § 14-303(10)(a) above:
(.1)   A conditional zoning approval (see § 14-303(6)(c) (Optional Conditional Zoning Approval Process)) shall be valid for a period of one year after the date the Conditional Zoning Approval was granted; and
(.2)   Use registration permits shall be valid for a period of six months unless an application for a Certificate of Occupancy is submitted for that use within such period.
(c)   If a permit expires, an applicant may apply for a new permit, and the application will be subject to all provisions as if the original permit had never been issued.
(d)   Unless otherwise required by state law, the agency or department that granted the original approval may renew or extend the effective time of a previous approval a maximum of one time for a maximum of up to one year if the required findings or criteria for that approval remain valid.
(e)   Any use authorized by the Zoning Board by variance or special exception, when discontinued for a period of three consecutive years, shall be considered abandoned and shall not resume unless a new permit is issued, either as of right under then-existing Zoning Code provisions or by a new variance or special exception. A discontinuation of such a use may be evidenced by any one of the following: 169
(.1)   Discontinuance of operations;
(.2)   Removal of improvements necessary to the use;
(.3)   Modifications to the property that make it unsuitable for the use;
(.4)   Lapsing of permits or licenses necessary to operate the use; or
(.5)   Failure to pay property taxes or taxes related to the use.

 

Notes

169
   Added, Bill No. 150766 (approved December 8, 2015).