The longstanding practice of the Office of Zoning Administration allows accessory buildings which are non-conforming due to not meeting required yard setbacks and/or contributing to an excessive lot occupancy, to be razed and rebuilt to the same size (footprint and height) at the same location regardless of such non-conformity. Applicants need to clearly document such existing accessory buildings through photos, plans and elevations that are dimensioned, at the time of a permit submittal. 

The Zoning Administrator has determined that this interpretation is consistent with Section C-202.2: 

C-202.2 Enlargements or additions may be made to the structure; provided that the addition or enlargement itself shall: 

(a) Conform to the use and development standards; 

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

(c) Any enlargement or addition not meeting paragraphs (a) and (b) must obtain relief from the applicable development standards. 

Such replacements of an accessory building are neither an enlargement nor addition subject to this section. 

These cases of the replacement of accessory buildings are distinguished from non-conforming principal buildings, that once razed, ‘lose’ their non-conforming rights due to not meeting yard setbacks and/or contributing to an excessive Lot Occupancy or not meeting any other Zoning Development Standard.