9708.3. - Reconstruction of damaged buildings.

A.

Nonconforming residential structures. Any nonconforming residential structure that is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God may be rehabilitated or reconstructed up to one hundred (100) percent of the pre-damage size and floor area of the damaged structure provided that such restoration is started within one (1) year after the date the damaging event occurred and is diligently pursued to completion thereafter. An extension beyond the one-year commencement requirement may be approved by the planning and community development director, upon the property owner demonstrating good cause. There shall be no increase in the size or area of the structure or the number of dwelling units, and the acceptability of the architectural design of the structure shall be determined by the director of planning and community development. Restoration and reconstruction of the structure shall be subject to review and approval by the director of planning and community development.

B.

Nonconforming nonresidential structures. Any nonconforming nonresidential structure that is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God may be restored or reconstructed up to one hundred (100) percent of the size and area of the damaged structure, and the occupancy or use of such building, structure or part thereof that existed at the time of such damage may be continued, only if the total cost of such reconstruction or repair does not exceed fifty (50) percent of the total reconstruction cost of the building or structure on the date the damaging event occurred, as determined by the building official. The restoration shall commence within one (1) year after the date the damaging event occurred and shall be diligently pursued to completion thereafter. An extension beyond the one-year commencement requirement may be approved by the planning and community development director, upon the property owner demonstrating good cause. There shall be no increase in the size or area of the structure, and the acceptability of the architectural design of the structure shall be determined by the director of planning and community development. Restoration and reconstruction of the structure shall be subject to review and approval by the director of planning and community development. In the event the cost to repair or reconstruct the structure exceeds fifty (50) percent of the total reconstruction cost of such building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations of the zone district in which it is located.

C.

Nonconforming nonresidential historic structures. The following structures located in Old Agoura and identified in section 9552.2 are considered historic structures for the purposes of this section: "Amazing Kate's", "Old Post Office", "Stage Door Theatre" and the "Agoura Sign". Historic structures that are damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God may be rehabilitated or reconstructed up to one hundred (100) percent of the pre-damage size and floor area of the damaged structure provided that such restoration is started within one (1) year after the date the damaging event occurred and is diligently pursued to completion thereafter. An extension beyond the one-year commencement requirement may be approved by the planning and community development director, upon the property owner demonstrating good cause. There shall be no increase in the size or area of the structure and the acceptability of the architectural design of the structure shall be determined by the director of planning and community development. restoration and reconstruction of the structure shall be subject to review and approval by the director of planning and community development.

(Ord. No. 04-328U, § 1, 10-27-2004; Ord. No. 07-344, § 1, 6-13-2007)