A.    Notwithstanding the setback requirements set forth in this Chapter and the coverage area limitations set forth in each R-District, an accessory building or enclosed accessory structure may be constructed to replace a pre-existing lawful accessory building or enclosed accessory structure, if the replacement building or structure is in the same location and has the same or smaller footprint as the previous structure. However, any such replacement structure must have the same average height as the previous building or structure; otherwise an AUP is required.

B.    Such replacement structures are permitted as of right only if an application for a building permit for their construction is submitted at the same time as an application for a building permit for the demolition of the pre-existing accessory structure.

C.    The demolition of any accessory building proposed for replacement under the provisions of the Section is subject to the Landmark Preservation Ordinance regulations, under BMC Chapter 3.24, as applicable. (Ord. 6478-NS § 4 (part), 1999)