§ 17.136.040. EXISTING STRUCTURES.

(A) Any single family residential or duplex property whose legally established floor area exceeds the maximum floor area limit in § 17.136.030(B) as of June 1, 2019, shall not be deemed a legal non-conforming structure solely based on floor area.

(B) If any structure on a property specified in division (A) is involuntarily destroyed by fire or other calamity, by act of God or by the public enemy, to a greater extent than 50 percent, such structure may be rebuilt and reconstructed in kind with the same floor area, provided there is no increase in any nonconformity of the original structure and shall not be required to comply with § 17.016.070(B) except with respect to improvements located in the public right of way.

(C) If any structure on a property specified in division (A) is voluntarily altered, remodeled, reconstructed or demolished to a greater extent than 50 percent, such structure may be rebuilt or reconstructed with the same floor area, but otherwise in full conformity with the requirements of Title 17 (Zoning).

(D) Any structure on a property specified in division (A) may be voluntarily altered, remodeled, reconstructed or demolished to an extent of 50 percent or less, provided that the alteration, construction, or reconstruction of the structure shall not increase the existing, legally-established floor area.

(E) The limitations in this section shall not apply to the construction of one accessory dwelling unit per lot in conformance with Chapter 17.048.

(F) If any single family residential or duplex property containing less than the maximum floor area stated in § 17.136.030(B) is involuntarily destroyed by fire or other calamity, by act of God or by the public enemy, to a greater extent than 50 percent, such structure may be rebuilt and reconstructed in kind with the same floor area, provided there is no increase in any nonconformity of the original structure and shall not be required to comply with § 17.016.070(B) except with respect to improvements located in the public right of way.

(G) Evidence of the floor area and existing legal nonconformities of the existing structure(s) shall be based on floor plans of record retained at the Fairfax Department of Planning and Building Services or other evidence reviewed and approved by the Director of the Department of Planning and Building Services. The extent of destruction, alteration, or reconstruction of any structure, shall be determined in accordance with § 17.016.040(B).

(Ord. 832, passed 6-5-2019)