Section 11-2001. NONCONFORMING STRUCTURES DEVOTED TO CONFORMING USES

 

2001.1The restrictions set forth in this section shall apply to a nonconforming structure devoted to a conforming use.

 

2001.2Except as provided in §§ 2001.11 and 2001.12, ordinary repairs, alterations, and modernizations to the structure, including structural alterations, shall be permitted.

 

2001.3Enlargements or additions may be made to the structure; provided:

 

(a)The structure shall conform to percentage of lot occupancy requirements, except as provided in § 2001.13; and

 

(b)The addition or enlargement itself shall:

 

(1)Conform to use and structure requirements; and

 

(2)Neither increase or extend any existing, nonconforming aspect of the structure; nor create any new nonconformity of structure and addition combined.

 

2001.4If a nonconforming structure is destroyed by fire, collapse, explosion, or act of God to an extent of more than seventy-five percent (75%) of the cost of reconstructing the entire structure, the nonconforming structure shall not be restored or reconstructed except in conformity with all provisions of this title, except as provided otherwise in §§ 2001.5 through 2001.10.

 

2001.5If a casualty or act of God results in damage to an extent of more than seventy-five percent (75%), and if the structure is nonconforming only with respect to percentage of lot occupancy, lot area, or width of lot, the structure may be reconstructed or restored to its previous condition or to a more conforming condition, even if that condition does not comply with the applicable percentage of lot occupancy, lot area, or width of lot requirements.

 

2001.6If a casualty or act of God results in damage to an extent of seventy-five percent (75%) or less of the cost of reconstructing the entire structure, the structure may be restored or reconstructed to its previous condition or to a more conforming condition; provided, that the reconstruction or restoration shall be started within twenty-four (24) months of the date of the destruction and continued diligently to completion.

 

2001.7If there is a dispute between the property owner and the Zoning Administrator as to whether the structure has been destroyed to the extent of seventy-five percent (75%) of reconstruction cost, the costs of restoration and of reconstruction shall be determined by the average of the estimates furnished by three (3) independent qualified contractors. One (1) contractor shall be selected by the owner, one (1) by the Zoning Administrator, and one (1) by the first two (2) mentioned contractors.

 

2001.8The estimates required by § 2001.7 shall be prepared and submitted according to a standard procedure and format established by the Zoning Administrator, and the cost of estimates shall be at the expense of the property owner.

 

2001.9Notwithstanding the restrictions of § 2001.4, a nonconforming structure that is a historic landmark or certified by the State Historic Preservation Officer to be a structure that contributes to the character of the historic district within which it is located, may be restored or reconstructed regardless of the extent of destruction of the structure, subject to the provisions of the Historic Landmark and Historic District Protection Act of 1978, effective March 3, 1979, D.C. Law 2-144, as amended; D.C. Official Code §§ 6-1101 to 6-1115 (2001)(formerly codified at D.C. Code §§ 5-1001 to 5-1015 (1994 Repl. & 1999 Supp.))), and all other municipal laws and regulations.

 

2001.10The twenty-four (24) month period provided in § 2001.6 may be extended for as long as it takes to apply for and receive any governmental approvals necessary to accomplish the reconstruction or restoration, including but not limited to, approvals from the Board of Zoning Adjustment, the Historic Preservation Review Board, and the Mayor's agent for the Historic Landmark and Historic District Protection Act.

 

2001.11[DELETED]

 

2001.12If a nonconforming antenna stops functioning, a temporary replacement antenna may be installed, subject to the following conditions:

 

(a)A permanent replacement antenna cannot be installed as a matter of right;

 

(b)The temporary installation shall be removed no later than one (1) year after the nonconforming antenna stops functioning;

 

(c)Within three (3) months after the nonconforming antenna stops functioning, the owner or occupant of the land or structure on which the antenna is installed shall apply to the Board of Zoning Adjustment for a special exception under § 3104 to install a longer term replacement; and

 

(d)If the owner or occupant elects to install an immediate replacement antenna, the cost of the temporary replacement shall not be considered by the Board as a basis for approval of a special exception to install a longer term replacement.

 

2001.13A public recreation and community center in existence as of November 28, 2003 may enlarge or make an addition that causes the structure to exceed lot occupancy requirements if approved by the Board of Zoning Adjustment in accordance with the provisions of § 3104.1.

 

authority

The Zoning Commission for the District of Columbia (the “Commission”), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 and 6-641.0).

source

Final Rulemaking published at 30 DCR 3922, 3924 (August 5, 1983); as amended by Final Rulemaking published at 36 DCR 1509, 1521 (February 24, 1989); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8496 (October 20, 2000); as amended by Final Rulemaking published at 50 DCR 10137 (November 28, 2003); and as amended by Final Rulemaking published at 55 DCR 34 (January 4, 2008).