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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 11. ZONING REGULATIONS OF 2016 |
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SubTilte 11-C. GENERAL RULES |
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Chapter 11-C2. NONCONFORMITIES |
Section 11-C205. DESTRUCTION OF A STRUCTURE DEVOTED TO A NONCONFORMING USE
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205.1 If a structure devoted to a nonconforming use is destroyed by fire, collapse, explosion, or act of God to an extent of more than fifty percent (50%) of the cost of reconstructing the entire structure, it shall not be restored or reconstructed except in conformity with all provisions of this title, except as provided otherwise in this section.
205.2 If the casualty or act of God results in damage to an extent of fifty percent (50%) 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 diligently continued to completion.
205.3 If there is a dispute between the property owner and the Zoning Administrator as to whether the structure has been destroyed to the extent of fifty percent (50%) 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, with one (1) of the contractors shall be selected by the owner, one (1) by the Zoning Administrator, and one (1) by the first two (2) mentioned contractors.
205.4 The estimates required by Subtitle C § 205.3 shall be prepared and submitted according to a procedure and format established by the Zoning Administrator, and the cost of preparing the estimates shall be at the expense of the property owner.
205.5 Notwithstanding the restrictions of Subtitle C § 205.1, a structure devoted in whole or in part to a nonconforming use that is an historic landmark or certified by the Historic Preservation Office to be a structure that contributes to the character of the historic district within which it is located, may be restored or reconstructed and the non-conforming use shall be allowed to be continued, regardless of the extent of destruction of the structure, subject to the provisions of the Historic Landmark and Historic District Protection Act of 1978.
205.6 The twenty-four (24) month period provided in Subtitle C § 205.2 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.