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Demo causes accessory structure to become primary

M

MikeC

Silver Member
Joined
May 17, 2012
Messages
230
Location
NW Pennsylvania
I know this is probably a question that I don't want the answer to. What happens when an exempted accessory structure to a single family dwelling becomes the primary structure because the SFD was demolished? Does it require someone to apply for a change of use permit?

I am referring to the 2009 IRC R105.2 exemption #1
 
What is the set up of the accessory structure now?

Compliant living and bedroom areas ??
 
No, it is a garage. It was likely built prior to the need for permits. The reason I was asking is because it has always been an accessory structure, but once the house is demolished, it will no longer be accessory to anything. As you probably know, PA expanded the exemption for SFD accessory structures for 200 sq ft to 1000 sq ft.
 
Sounds like it needs a lot of work to live in

Sounds like permits are required
 
We would have an issue with there being utilities hooked up without a dwelling unless the property is zoned for other than residential.
 
It's a Zoning issue. Maintain structure and premises, restrict use pending reconstruction of a dwelling.
 
I called the zoning officer in on this one. He agreed that the demo of the primary structure but not the accessory structure could cause problems. He said it is likely a grey area in our zoning ordinance and that he would have to discuss it with the city solicitor.

I called the applicant to request the long term plans for the parcel, he decided that it would be easier to remove the garage too. He did have the option of combining the parcel with another but decided against it. I like it when people make things easy :)
 
The minimum zoning for a SFD may be greater than the 1,000 SF that PA now allows for assembly structures. Check your zoning code for that area.

pc1
 
I guess one question that would make a big difference is the primary structure going to be rebuilt? If the secondary structures only going to be a temporary primary structure for livingwhile construction takes place it could change things.
 
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