§ 5-310. Code compliance denial.

(a) In general.

Neither the Zoning Administrator nor the Executive Director of the Board of Municipal and Zoning Appeals may approve any application for a variance or a conditional use if the subject property has any outstanding notices of violation, fines, or fees that are either unresolved or unpaid.

(b) Exception.

The Zoning Administrator or the Executive Director of the Board of Municipal and Zoning Appeals may approve:

(1) the application for variance or conditional use if that application is required to resolve an outstanding notice of violation, fine, or fee that is either unresolved or unpaid; and

(2) the application for a variance or conditional use if an outstanding violation or fine is the subject of a still pending administrative appeal or judicial review.