Nonconforming structures may be expanded or extended, provided that the expanded or extended area (a) complies with all provisions of § 14-701 (Dimensional Standards) and § 14-702 (Floor Area, Height, and Dwelling Unit Density Bonuses) applicable to the zoning district where the property is located, (b) complies with the provisions of this § 14-305(6) (Nonconforming Structures), and (c) does not increase any existing nonconformity. 240.1
(a) All expansions or extensions of nonconforming structures shall be limited to the lot occupied by the structure at the time it became nonconforming. 241
(b) In those zoning districts that limit maximum floor area, any nonconforming structure that contains more than the permitted amount of floor area may not be modified so as to create more floor area. Any nonconforming structure that contains less than the maximum permitted floor area may expand up to that limit provided that the addition complies with all other applicable requirements of this Zoning Code.
(c) Where a front or side wall does not meet a required setback or side yard requirement, a vertical extension of that wall that complies with the height limit and gross floor area ratio limit in Tables 14-701-1 through 14-701-3 is not an increase of that specific nonconformity, and is permitted. (See figure "Vertical Extension of a Nonconforming Side Wall".)
{For printable PDF version of image, click HERE}
(d) Where a rear wall does not meet a rear yard minimum depth requirement, a vertical extension of that wall is an increase of that specific nonconformity, and is not permitted. Vertical extensions of a rear building wall that do not comply with minimum required rear yard minimum depth or yard areas must meet the requirements in Tables 14-701-1 through 14-701-3. (See figure "Vertical Extension of a Nonconforming Rear Wall".)
{For printable PDF version of image, click HERE}
(e) Where a side wall does not meet a required side yard requirement: 1) a horizontal extension of that wall into a front yard, rear yard, or side yard is an increase of that specific nonconformity, and is not permitted, and 2) a horizontal extension of a side wall into a rear yard is permitted, provided the extension complies with applicable rear setback and open space requirements. (See figure "Horizontal Extension of a Nonconforming Side Wall".) 242
{For printable PDF version of image, click HERE}
(f) Elevator shafts or fire towers that existed at the time a structure became nonconforming may be extended in height without respect to the height regulations of the district in which such structures are located.
(g) Repairs to or renovation of a nonconforming structure or site improvement that brings the structure or site improvement into greater compliance with the building code is permitted. For the purposes of this subsection (6), a repair shall be defined as any one of the following: (a) interior work which does not result in increased gross floor area; (b) the replacement of up to two-thirds of the structural framing members when work involves the replacement of any portion of the exterior wall; or (c) the replacement of portions of nonconforming structures in their original footprint or height. A building may be "repaired" to the original or lesser height and area. 243
Notes
| 240.1 | Amended, Bill No. 210075 (approved March 29, 2021). |
| 241 | Amended, Bill No. 120774-A (approved January 14, 2013). |
| 242 | |
| 243 |