Code Section: 311

Subject: Notification, Change of use for nonconforming/limited conforming uses in nonresidential buildings

Effective Date: 11/08 (Amended 06/09)

Interpretation:

   Planning Code Section 311 requires notification for certain projects in RH and RM districts. Projects subject to the notification requirement include "all building permit applications for demolition and/or new construction, and/or alteration of residential buildings "For the purposes of this Section, an alteration shall be defined as any change in use or change in the number of dwelling units of a residential building, removal of more than 75 percent of a residential building's existing interior wall framing or the removal of more than 75 percent of the area of the existing framing, or an increase to the exterior dimensions of a residential building except those features listed in Section 136(c)(1) through 136(c)(24) and 136(c)(26)." Technically then, uses which are non-residential could be demolished (as defined), expand or change use without notification if they constitute the sole occupancy of a structure in RH and RM districts'. (It is possible that the original legislation did not contemplate this exception to the notification requirements as most allowable nonresidential uses in RH and RM districts, such as schools and churches, are separately subject to discretionary approvals with associated notice, most often Conditional Use approval, for change of use or significant expansions.)

   Section 307 of the Planning Code states the Zoning Administrator may "with the expressed standards, purposes and intent of this Code and pursuant to its objectives, issue and adopt such rules, regulations and interpretations as are in the Zoning Administrator's opinion necessary to administer and enforce the provisions of this Code." In this instance, the ZA believes that it is not logical, nor consistent with the intent of the Code, for conforming uses within residential districts, for example residential buildings that add or subtract units, to be subject to notification requirements while demolitions, expansions or changes in occupancy of non-residential uses, which are generally non-conforming or conditional uses, would not. Therefore, the ZA has determined that notice shall be required under section 311 for all demolitions, expansions and changes of use in RH and RM districts, including those in non-residential buildings.