64-72 Non-Complying Buildings

The provisions of Article V, Chapter 4, shall be modified in order to accommodate stair access in a front yard. Single- and two-family residences with non-complying front yards existing on October 28, 2012, may be relocated or reconstructed in a location further from the front lot line on the same zoning lot, and thereby create or increase an encroachment in a side yard, rear yard or rear yard equivalent, provided that:

(a)        any encroachment or further encroachment into a required side or rear yard or rear yard equivalent at the rear of the original building location is limited to a depth equal to the reduction of encroachment of the building, excluding stairs in the front yard;

(b)        a distance of at least eight feet shall be maintained between the rear wall of the building and all other residences on the same or adjoining zoning lots; and

(c)        at least four feet of a rear yard shall be free of any encroachment, measured perpendicular to the rear lot line, or, in a rear yard equivalent, at least eight feet shall be free of encroachment.

(a)        The provisions of Article V, Chapter 4, shall be modified to permit single- and two-family residences that are non-complying and existing on October 28, 2012, to be vertically elevated, or reconstructed to a higher elevation in order to raise the lowest horizontal structural member supporting the lowest floor containing habitable space that was located at or above the adjoining grade as of October 28, 2012, to flood-resistant construction elevation.

Such vertical elevation or reconstruction may create a new non-compliance as to height and setback, or increase any existing non-compliances as to height and setback, required open space and yard regulations to the extent that such lowest floor level is elevated or reconstructed to flood-resistant construction elevation. However, all other provisions of Article V, Chapter 4, shall apply without modification.

This Section shall not preclude the construction of complying enlargements or other complying buildings or other structures on the zoning lot.

Furthermore, the provisions of Section 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines) shall not apply to such elevated, relocated or reconstructed buildings.

(b)        For non-complying single- and two-family residences, reconstruction shall be permitted, provided such reconstruction is the subject of an application for approval of construction documents that has been approved by the Department of Buildings no later than six years following the City's adoption of new final Flood Insurance Rate Maps that supersede the Flood Insurance Rate Maps in effect on October 28, 2012. Construction pursuant to such approval may continue until a date 10 years after the adoption of such superseding Flood Insurance Rate Maps. After such date, the vesting provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) shall apply as if the change in flood map were a change in provisions of the Zoning Resolution.