§ 30-810.3. Damage to buildings or structures having nonconforming features.  


Latest version.
  • (a)

    When a building or structure having a nonconforming feature is damaged by fire, explosion, act of God or the public enemy to the extent of 60 percent or less of its replacement value, as determined by the Commissioner of Buildings utilizing the RS Means or a similar cost evaluation system for comparable construction, such building or structure may be restored, repaired or reconstructed as before the damage, provided that such restoration, repair or reconstruction shall not increase the degree or extent of any nonconforming feature that existed before the damage, and provided further that application for a building permit for the restoration, repair or reconstruction shall be submitted within two years of the date of damage.

    (b)

    When a building or structure having a nonconforming feature is damaged by fire, explosion, act of God or the public enemy to the extent of more than 60 percent of its replacement value, as determined by the Commissioner of Buildings utilizing the RS Means or a similar cost evaluation system for comparable construction, such building or structure may be reconstructed, provided that in the reconstruction thereof, the nonconforming feature shall be eliminated and the building or structures shall thereafter conform with the provisions of this chapter except as otherwise permitted pursuant to the provisions of Section 17.20 of the Charter.

    (c)

    When a main building is located in any district in which building height is limited by number of stories and when such main building is nonconforming with regard to number of stories or is nonconforming with regard to height of stories, and is damaged by fire, explosion, act of God or the public enemy to any extent, such building or structure may be restored, repaired or reconstructed to such number of stories or height of stories as existed before the damage, provided that such restoration, repair or reconstruction shall not increase the degree or extent of any nonconforming feature that existed before the damage, and provided further that application for a building permit for the restoration, repair or reconstruction shall be submitted within two years of the date of damage.

    (Code 1993, § 32-810.3; Code 2004, § 114-810.3; Ord. No. 2003-184-131, 1, 5-27-2003; Ord. No. 2009-36-56, § 1, 4-27-2009; Ord. No. 2009-40-57, § 1, 4-27-2009; Ord. No. 2010-20-49, § 1, 3-8-2010; Ord. No. 2010-177-173, § 3, 10-11-2010)

(Code 1993, § 32-810.3; Code 2004, § 114-810.3; Ord. No. 2003-184-131, 1, 5-27-2003; Ord. No. 2009-36-56, § 1, 4-27-2009; Ord. No. 2009-40-57, § 1, 4-27-2009; Ord. No. 2010-20-49, § 1, 3-8-2010; Ord. No. 2010-177-173, § 3, 10-11-2010)