52-531 - Permitted reconstruction or continued use

LAST AMENDED
9/21/2011

In all districts, if any #building#, except a #building# subject to the provisions of Section 52-54 (Buildings Designed for
Residential Use in Residence Districts), or of Section 52-56 (Multiple Dwellings in M1-1D Through M1-5D Districts), which is
substantially occupied by a #non-conforming# #use#, is damaged or destroyed by any means, including any demolition as set
forth in Sections 52-50 et seq., to the extent of 50 percent or more of its total #floor area#, such #building# may either:

(a)    be repaired or #incidentally altered#, and the existing #non-conforming# #use# may be continued; or

(b)    be reconstructed, but only for a conforming #use#; provided, however, that in no event shall any such reconstruction
        create a #non-compliance# or increase the degree of #non-compliance# of a #non-complying# #building#.

However, where the damage or destruction is so great that the provisions in Sections 54-41 and 54-42 relating to Damage,
Destruction or Demolition in Non-Complying Buildings also apply, the latter Sections shall govern the permitted #bulk# of the
reconstructed #building#.

In addition, the alteration of an existing #building# resulting in both the removal of more than 75 percent of the #floor area#
and more than 25 percent of the perimeter walls of such existing #building#, and the replacement of any portion thereof, shall
be considered a #development# for the purposes of the provisions set forth in Section 11-23 (Demolition and Replacement).

In applying the provisions of this Section to damaged or destroyed structures, substantially utilized by a #non-conforming#
#use#, any appropriate measure of the size of such structures shall be substituted for #floor area# in determining the extent of
damage or destruction.

In the event that any demolition, damage or destruction of an existing #building# produces an unsafe condition requiring a
Department of Buildings order or permit for further demolition of #floor area# to remove or rectify the unsafe condition, and
the aggregate #floor area# demolished, damaged or destroyed including that ordered or permitted by the Department of
Buildings constitutes 50 percent or more of the total #floor area# of such #building#, then such #building# may be repaired or
reconstructed only in accordance with the provisions of paragraph (a) or (b) in this Section.
For the purposes of this Section, any #single-family# or #two-family residence# located within an M1-1D, M1-2D, M1-3D, M1-
4D, M1-5D or M1-6D District and existing on June 20, 1988, shall be a conforming #use#.

For the purposes of this Section, #buildings# that #abutted# one another on a single #zoning lot# on the date of such damage or
destruction shall be considered a single #building#.