The Office of Zoning Administration has a long-standing practice that it will recognize a submitted building permit application that is considered complete for foundation to grade and/or new construction of the permanent building above grade that is filed within two (2) years of a Planned Unit Development [PUD] Order’s effective date in order to prevent such Order from expiring, as set forth in Sections Z-702.2 and Z-702.3. However, neither a building demolition permit or a sheeting and shoring permit would constitute a ‘permit’ for PUD vesting purposes. 

Z-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.  

Z-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.  

If construction starts within three (3) years of the Order’s effective date, vesting occurs. In terms of what constitutes actual ‘construction’, the Office of Zoning Administration recognizes that the installation of materials towards creating the permanent building(s) shown in the plans of the related approved building permit, as evidenced through an inspection. This may include, but is not limited to, the pouring of slab or footings, the installation of piles, the construction of columns, erecting framing for walls and floors, enclosing walls and roofs, finishing out building interiors with drywall, flooring, and attached fixtures, or other work beyond the stage of excavation. 

Permanent construction does not include land preparation such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. 

In summary, a PUD order will expire if a building permit is not applied for within two (2) years of the order’s effective date. If a building permit is applied for within that time, the order remains in effect, but does not “vest”. Instead, it can still expire if construction does not commence in three (3) years from the effective date. If construction does begin within three (3) years, and constitutes the activities noted above, then the PUD order will vest.