64-622 - Special open area regulations for non-complying buildings

LAST AMENDED
12/5/2024


The following provisions may apply to #non-complying# #buildings or other structures#.

(a)    Relocation allowances

       #Non-complying# #buildings or other structures# may continue an existing #non-compliance#, increase the degree of an existing #non-
       compliance#, or create a new #non-compliance# with #yards#, #open space#, #open space ratio#, #lot coverage#, #courts#, minimum distances
       between two or more #buildings#, or minimum distances between #legally required windows# and walls or #lot lines#, in order to relocate or
       alter the footprint of the #building#, provided that:

       (1)    the resulting #lot coverage# shall be less than or equal to that of the pre-existing #building or other structure# as it existed prior to the
              alteration, #enlargement#, relocation or reconstruction work or the amount permitted by the district, as applicable, whichever is greater,
              except that, where the provisions of paragraph (b) of this Section are utilized, the #first story above the flood elevation# and any #stories#
              below, may be exempted from such calculation;

       (2)    a new or increased #non-compliance# into an open area shall not exceed a horizontal distance of five feet, as measured perpendicular to
              the outermost edge of the #non-complying# #building or other structure#, as it existed prior to the alteration, #enlargement#, relocation
              or reconstruction work, except that such limitation shall not apply:

              (i)    where the pre-existing #building or other structure# is located either partially or entirely seaward of the #shoreline#, and such
                     #building or other structure# will be altered, #enlarged#, relocated or reconstructed to be repositioned landward of the #shoreline#
                     on the same #zoning lot#; or

              (ii)   where additional distance is necessary to accommodate access, including stairs, ramps or lifts in a required #yard#, provided that
                     any additional encroachment is limited to the depth of such access;

       (3)    any new or increased #non-compliance# shall not result in an open area of:

              (i)    less than five feet between the wall of a #building or other structure# and a #rear lot line#;

              (ii)   less than three feet between the wall of a #building or other structure# and a #front lot line#, in districts with #front yard#
                     requirements; and

             (iii)   three feet between the wall of a #building or other structure# and a #side lot line# for #detached buildings# in districts that do not
                     allow #zero lot line buildings#; and

       (4)    the height of #buildings or other structures# within #non-complying# #yards# or #open space#, as measured from the #reference plane#,
              shall not exceed the height set forth in paragraph (a) of Section 64-623 (Special height regulations for non-complying buildings).

(b)    Allowances for horizontal expansions

       The #first story above the flood elevation# and #stories# located below such #story#, may create a new #non-compliance# with, or increase the
       degree of existing #non-compliance# with the applicable #rear yards#, #open space#, #open space ratio#, or #lot coverage# regulations for the
       district, provided that:
       (1)    the increased #lot coverage# does not exceed an additional 20 percent of such #lot coverage# permitted by Section 23-361 (Maximum lot
              coverage in R1 through R5 Districts);

       (2)    for #single-# or #two-family residences#, the encroachment into a #rear yard# does not result in a #rear yard# with a depth of less than 10
              feet; and

       (3)    in all districts, the encroachment into a required open area does not exceed a height of 15 feet, as measured from the #first story above the
              flood elevation#.

Nothing in this Section shall affect the permitted obstruction allowances set forth by the district regulations.