A single-family residence or a duplex that is maintained as a nonconforming structure may be enlarged or expanded so long as the enlargement or expansion complies with the provisions of this Ordinance to include Section 155.8.9 and the following provisions:
(A) A single-family residence or duplex may be expanded or enlarged to an extent that does not exceed 50% of the measured area of the structure. For the purposes of calculating the permitted expansion or enlargement, all expansion or enlargement permitted under the provisions of this section within the five-year period preceding the date on which any work to enlarge or expand the dwelling is started shall be included within the proposed expansion.
(B) For purposes of calculating the measured area, the deck areas shall be excluded.
(C) Such expansion or enlargement shall not create new nonconformities.
(D) Such expansion or enlargement shall not cause an expansion or encroachment into an existing or required setback.
(E) Such expansion or enlargement shall not exceed the floor area ratio (see Section 155.7.17).
(F) The expansion or enlargement must maintain the following structural elements as they existed prior to the expansion or enlargement:
(1) The existing exterior wall height. For the purposes of this section, exterior wall height shall be measured from the top of the subfloor to the top plate of the exterior wall;
(2) The existing exterior walls except as needed to change/add windows and doors, to perform lateral additions or to correct code violations; and
(3) The original structural floor system except as needed to add new ingress and egress or to correct code violations.
(G) If the expansion or enlargement is only into a side yard area, then upon completion the combination of the two side yard setbacks shall be equal to or exceed the total of the two side yard setbacks required under this Ordinance. This provision is subject to subsection (K) below.
(H) If the enlargement or expansion is only into a front or rear yard area, then upon completion the combination of the front yard and rear yard setbacks shall be equal to or exceed the total of the front and rear yard setbacks required under this Ordinance. This provision is subject to subsection (K) below.
(I) If the expansion or enlargement is into one or more side yard areas and into the front or rear yard areas, then upon completion the combination of the two side yard setbacks shall be equal to or exceed the total of the two side yard setbacks required under this Ordinance and the combination of the front yard and rear yard setbacks shall be equal to or exceed the total of the front and rear yard setbacks required under this Ordinance. This provision is subject to subsection (K) below.
(J) Will comply in all respects with the off-street parking requirements contained in Article 155.9, Part I.
(K) If a nonconforming structure is located ten feet or less from an adjoining structure (either on the same or an adjoining lot), then the nonconforming structure may not be enlarged or expanded in any manner whatsoever.
(L) An existing structure that is considered an accessory structure to a single family structure located in a R-1 Residential District zoning district and used solely for living, sleeping and sanitation purposes and contains no provisions of any kind for eating or cooking may be reconstructed if the following conditions are satisfied:
(1) The existing accessory structure was built prior to September 14, 2017.
(2) There is only one accessory structure on the lot on which the single family structure is located.
(3) The reconstructed accessory structure will be connected to the single family structure with an open or covered deck.
(4) The reconstructed accessory structure cannot be enlarged in any manner whatsoever except as provided herein and with the additional exception of an open or covered deck that must be constructed to attach the single family structure to the accessory structure.
(5) The reconstructed accessory structure will meet all current setbacks.
(6) The reconstructed accessory structure will meet all Flood Ordinances.
(7) The combined areas of the single-family structure and the reconstructed accessory structure shall not exceed the permitted floor area ratio.
(M) Exception for compliance with regulatory flood protection elevation requirements. Notwithstanding the foregoing requirements in subsections (A) through (L) above, a nonconforming single-family residence or duplex may be expanded or enlarged for purposes of complying with regulatory flood protection elevation requirements as defined in this chapter, provided all of the following criteria are satisfied:
(1) The single-family residence or duplex must be located upon a "through lot" as defined in this chapter;
(2) The subject through lot shall be no greater than 5,000 square feet in area;
(3) Such expansion or enlargement must bring the single-family residence or duplex into full compliance with regulatory flood protection elevation requirements;
(4) Such expansion or enlargement shall be permitted only where the resulting separation between adjacent structures is no less than ten feet;
(5) Once the structure is expanded or enlarged, it must comply with the floor area ratio as set forth in Section 155.7.17; and
(6) The extent of any building setback nonconformity shall not be increased, subject to the following exception: One new staircase required for access to the elevated single-family residence or duplex may be constructed within and encroach into any applicable setback provided the new staircase is located no closer than five feet to the property line.
(Ord. 1695, passed 11-8-12; Am. Ord. 1769, passed 9-14-17; Am. Ord. 1786, passed 5-9-19; Am. Ord. 1838, passed 3-10-22)