75A - PH ACCESSORY DWELLING UNITS

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(a) Rehabilitation of a nonconforming building whose primary use is a single-family dwelling or a two-family dwelling is permitted: (1) In a residential district or a specific development where residential is permitted, or (2) In a P district where the continuance of the use is not barred by section 41-683 and the building complies with the minimum yard requirements applicable to buildings located in the R2 district. (b) Structural alterations and additions may be made where the total floor area of all such expansions occurring in a five-year period does not exceed forty (40) percent of the floor space of the building as it existed at the beginning of said time, provided: (1) The number of bedrooms is not increased; (2) The number of dwelling units is not increased; and (3) No new nonconfonnitiesanses with the requirements of this chapter are created. (c) Structural alterations and additions which exceed forty (40) percent of the total floor area as it existed at the beginning of a five-year period; include the creation of new bedrooms; or remodeling which involves the demolition of more than fifty (50) percent of the building shall be permitted; provided: (1) The number of dwelling units is not increased; (2) The parking is brought into conformance with code provisions; (3) No new nonconformities with the requirements of this chapter are created; and (4) A minimum of one thousand two hundred (1,200) square feet of usable, continuous, non -front yard open -space, excluding driveways and parking areas is provided. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space. (d) Where rehabilitation of a building involves more than fifty (50) percent of a building wall which encroaches into a front or side yard setback is demolished or is structurally altered, the remainder of the building wall shall be demolished. Any subsequent building wall shall conform to all provisions of this chapter. (e) For the purpose of this section, an existing two -car garage with a minimum dimension of eighteen (18) feet by eighteen (18) feet exterior dimension shall be considered conforming. (f) For the purpose of this section, remodel shall mean to reconstruct, or to make over in structure or style, but shall exclude re -roof, window replacement, exterior finish replacement and repair or similar modifications. (g) For the purpose of this section the limitations on adding a dwelling unit listed in subsections (a) (b) and (c) shall not apply to accessory dwelling units as defined and regulated in Section 41-194 of this Chapter. Existing non -conformities on a property Ordinance No. NS -XXX Page 13 of 15 75A-49