65-41 - Reconstruction and Alteration of Disaster-Damaged Buildings

LAST AMENDED
5/12/2021

In all districts, where the provisions of this Section are utilized, the #bulk# provisions of this Resolution, and the provisions
regulating the reconstruction, #enlargement# and alteration of #buildings# with #non-conforming# #uses# and #non-
complying# #buildings or other structures# shall be modified to allow the reconstruction, #enlargement#, relocation and
alteration of #buildings or other structures# that were damaged due to the effects of the #severe disaster#, including #non-
conformances# to be continued, and #non-compliances# to be created, continued, or increased, provided the #building or other
structure# is subject to the following provisions, as applicable:

(a)    Floor area

        The maximum amount of #floor area# shall not exceed the amount of pre-existing #floor area# as it existed prior to the
        reconstruction, #enlargement#, relocation or alteration work or the amount permitted by the district, whichever is
        greater. Furthermore, no #extension# or change of #use# may create a new #non-conformance# or a new #non-
        compliance#, or increase the degree of existing #non-conformance# or #non-compliance# with #floor area#.

(b)    Building footprint

        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 reconstruction, #enlargement#, relocation or alteration work or the amount permitted by the
        district, as applicable, whichever is greater. Furthermore, a #building or other structure# may continue an existing #non-
        compliance#, increase the degree of an existing #non-compliance#, or create a new #non-compliance# with respect to
        open areas required through regulations for #yards#, #open space#, #open space ratio#, #lot coverage#, #courts#, and
        minimum distance between #buildings#, in order to relocate or alter the footprint of the #building or other structure#,
        provided that:

        (1)    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 reconstruction, #enlargement#, relocation or alteration work; and

        (2)    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)    less than 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#.

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

(c)   Building height

        The resulting height and setback may continue an existing #non-compliance#, provided that the height of such
        reconstructed, #enlarged#, relocated or altered #building or other structure# as measured from #curb level#, #base plane#
        or other applicable underlying datum, does not exceed the pre-existing height of such #building#, as measured from the
        top of the lowest floor that contains #floor area#, to the highest point of such pre-existing #building#. All permitted
        obstruction allowances shall be measured with respect to the modified height and setback regulations set forth in this
        Section.

For the purpose of applying waterfront and parking regulations, #buildings or other structures# reconstructed pursuant to this
Section shall not be considered #developments# or #enlargements#.