§ 9106.05

A nonconforming structure(s) involuntarily damaged or partially destroyed by explosion, fire, act of nature, or act of the public enemy may be repaired or rebuilt and re-occupied only as follows:

A.

Cost Does Not Exceed 75 Percent. If the cost of repairing or replacing the damaged portion of the structure(s) does not exceed 75 percent of the structures' appraised value, immediately preceding the involuntary destruction, the structure may be restored, provided all of the following conditions are met:

1.

The reconstruction meets all applicable current Building Code requirements.

2.

Reconstruction begins within 12 months of the date of damage, unless otherwise allowed by the Director, and is diligently pursed to completion.

B.

Cost Does Exceed 75 Percent. If the cost of repairing or replacing the damaged portion of the structure(s) does exceed 75 percent of its appraised value, immediately preceding the involuntary destruction, the structure may not be restored, and any reconstruction or new construction shall be in full compliance with the current Development Code provisions.

C.

Appraised Values and Repair/Replacement Estimates.

1.

All appraised values referred to in this Division shall be determined by a State licensed appraiser and confirmed by the Building Official.

2.

Estimates of repairing or replacing the damaged portion of the structure(s) for purposes of this Division shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code.

A.

Reconstruction or Replacement - Single-Family Dwelling. An involuntarily damaged or destroyed singlefamily nonconforming dwelling may be reconstructed or replaced with a new structure but only in compliance with all of the following provisions and the current Building and Fire Code requirements:

1.

Subject to all other regulations of this Development Code, a structure destroyed to the extent of not more than 75 percent of its appraised value by fire, explosion, or other casualty or Act of God or the public enemy, may be restored and the occupancy of use of the structure or part thereof which existed at the time of the partial destruction may be continued.

2.

When the site is legal-nonconforming based upon floor area ratio requirements in the single-family residential zones, the following applies if the main dwelling unit is damaged or destroyed in excess of 75 percent of its appraised value by fire or other causes beyond the control of the owner:

a.

If a Building Permit is issued within three years following the damage or destruction, legal-nonconforming rights are maintained for floor area ratio and the main dwelling unit may be built to its original gross floor area; and

b.

If a Building Permit is not issued within three years following the damage or destruction, the legalnonconforming rights shall be deemed to have terminated.

B.

Reconstruction or Replacement - Multifamily Dwelling. An involuntarily damaged or destroyed multifamily nonconforming dwelling unit(s) located in any zone other than M-1 (Industrial Zone) may be reconstructed or replaced with a new structure with the same footprint (including preexisting nonconforming setbacks), height, and number of dwelling units, in compliance with current Building and Fire Code requirements and Government Code Sections 65852.25 and 65863.4.

A.

If Abandoned or Discontinued. If any legal nonconforming structure, except for residential structures located in single-family residential zones, is abandoned or the use thereof discontinued for a period of 180 consecutive days or more, subsequent structural and site development shall be in full compliance with all applicable provisions of this Development Code. Maintenance of a valid City issued Business License shall of itself not be considered a continuation of the structure.

B.

Cessation or Discontinuance Defined. Use of a nonconforming structure shall be considered ceased or discontinued when any of the following apply:

1.

Cessation or discontinued use of a nonconforming structure shall be deemed as an abandonment of the structure, irrespective of the owner's or occupant's intent;

2.

Discontinuance shall include cessation of the use of a structure regardless of intent to resume the use;

3.

The intent of the owner to cease or discontinue use of the nonconforming structure is apparent, as determined by the Director;

4.

Where characteristic furnishings and equipment associated with the use of the structure have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been ceased or discontinued for a period of 180 consecutive days or more; or

5.

Where there are no business receipts or utility payments available for the 180-day period.

C.

Properties on the Market - Exempt. Any property which is listed on the real estate market shall not be not considered abandoned or discontinued, but only if in compliance with all of the following provisions:

On the market for up to 180 days; and

2.

The property shall be continually maintained in a proper condition subject to the approval of the Director.

(Ord. No. 2401, Exh. C, 4-15-25)

When a structure is relocated to another lot, it shall be made conforming in all respects with the provisions of this Development Code and all other applicable laws and regulations.

Section 9106.07 - Nonconforming Lot