54-41 - Permitted Reconstruction

LAST AMENDED
2/2/2011


If a #non-complying# #building or other structure# is damaged or destroyed by any means, including any demolition as set forth
in this Section, to the extent of 75 percent or more of its total #floor area#, such #building# may be reconstructed only in
accordance with the applicable district #bulk# regulations, except in the case of a one- or two-family #residence#, such
#residence# may be reconstructed provided that such reconstruction shall not create a new #non-compliance# nor increase the
pre-existing degree of #non-compliance# with the applicable #bulk# regulations. If the extent of such damage or destruction is
less than 75 percent, a #non-complying# #building# may be reconstructed provided that such reconstruction shall not create a
new #non-compliance# nor increase the pre-existing degree of #non-compliance# with the applicable #bulk# regulations.

In addition, the alteration of such 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 the event that any demolition, damage or destruction of an existing #building# other than one- or two-family #residences#
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 75 percent or more of the total #floor area# of such #building#, then
such #building# may be reconstructed only in accordance with the applicable district #bulk# regulations.