§ 18-412. Exceptions – Multi-family structures.

(a) Scope.

(1) Except as provided in paragraph (2) of this subsection, this section applies to any structure that:

(i) at any time, with or without authorization of the Board of Municipal and Zoning Appeals, has been converted for 4 or more dwelling units or, if originally built for 4 or more dwelling units, has been converted to increase the number of dwelling units; and

(ii) now fails to comply with the minimum lot area requirements of the district in which it is located.

(2) This section does not apply to any nonconforming structure that:

(i) in compliance with this Code or before June 5, 2017, was originally designed and built as a multi-family dwelling for 4 or more dwelling units, as evidenced by permits or records of the City; and

(ii) has not been altered, added to, or subdivided in any way that increases the number of dwelling units to more than the maximum now allowed under this Code.

(b) Abandonment of dwelling unit.

If, at any time, actual abandonment is evidenced by the issuance of a use permit for fewer dwelling units:

(1) that action constitutes an abandonment of the dwelling unit;

(2) all rights to continue or reestablish the previous number of dwelling units immediately terminate; and

(3) the number of dwelling units allowed to continue in the structure is reduced by 1.

This section does not apply to § 18-306(c) {"Change of use . . . Reversion prohibited."} of this Code.