§ 130.68

This Chapter contains regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared by the Board. This Chapter allows modifications to some sections of this Title but does not allow exemptions from any health and safety requirements.

The provisions of this Chapter, including the relaxation of development standards, are not applicable to structures located in a designated hazard area, such as special flood hazard, dam failure inundation, and avalanche hazard areas, or in any mapped area established by separate action of the Board or other authorized official, as a moratorium area due to hazards to health and safety caused by the disaster, which require in-depth study before allowing rebuilding of any kind.

The provisions of this Chapter are applicable for a period of 180 days following each disaster for which a local emergency has been declared by the Board. The Board may extend the provisions as necessary.

Sec. 130.68.040 - General Provisions.

A.

Structures illegally constructed or uses illegally established before the disaster shall not be reconstructed or reestablished.

B.

Nonconforming structures shall be subject to the requirements under Section 130.61.030 (Legal Nonconforming Structures) above in this Article.

C.

Where the provisions of this Chapter do not conform to other provisions of this Title, the provisions of this Chapter shall prevail.

Sec. 130.68.050 - Modifications of the Provisions of this Title.

Whether or not the processing of building permit applications (hereinafter referred to as "application") is expedited based on either direction from the Board or Director's determination, the following modifications to the provisions of this Title shall be allowed, as follows:

A.

Application Requirements. In order to be eligible for modifications of the provisions of this Title and expedited application processing, when allowed, an application shall meet all of the following criteria:

1.

The application shall be for the reconstruction or repair of damage caused by the disaster;

2.

The application shall have been filed after the occurrence of the disaster;

The application site is not within a designated hazard area; and

4.

The application does not violate applicable county, state, or federal law.

B.

Submittal Information Required. The County may require evidence that the previous use or structure existed prior to the disaster, including but not limited to: aerial photos, copies of building permits, County Assessor's records, original construction plans, photographs, property deeds, reports/studies, and surveys. Evidence that the damage to the structure was the result of the disaster may also be required.

C.

Conforming Structures and Uses.

1.

Submittal of previously approved site and building plans shall be allowed for the in-kind reconstruction of conforming structures in all zones. Where no previously approved plans are available for review or when alteration or expansion of conforming structures are being proposed, reconstruction will be subject to the standard site and building plan requirements for an application.

2.

Conforming structures occupied by conforming uses which are subject to a discretionary permit, to include but not be limited to a Conditional/Minor Use Permit, Variance, or Design Review Permit, may be reconstructed subject to previously approved site and building plans, with review by staff to ensure compliance with the discretionary permit. In the case where an approved site plan is not available for review, the property owner shall obtain issuance of an Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title, to ensure compliance with the discretionary permit and all applicable development standards for the zone.

D.

Temporary Structures. Temporary mobile homes or recreational vehicles may be placed on any site made uninhabitable by disaster until such time as permanent structures can be completed, in compliance with time limits under Section 130.68.030 (Applicability) above in this Chapter, as follows:

1.

Residential Housing. Temporary residential use of mobile homes or recreational vehicles shall be allowed on the lot where a residential unit(s) is made uninhabitable by the disaster in compliance with Subsection 130.40.190.B.2 (Mobile/Manufactured Homes: Temporary While Constructing) in Article 4 (Specific Use Regulations) of this Title. One temporary mobile home or recreational vehicle for each unit previously located on the property may be installed after issuance of a temporary occupancy permit, which may be issued prior to issuance of the reconstruction permit(s).

2.

Non-residential Uses. Temporary mobile homes or recreational vehicles for non-residential uses, either singly or in groups, shall be allowed in any zone except residential zones and on the same lot as the damaged or destroyed structure, subject to the issuance of a temporary occupancy permit in compliance with Section 130.40.190 (Mobile/Manufactured Homes) in Article 4 (Specific Use Regulations) of this Title.

Exception to Development Standards. Under a temporary occupancy permit, development standards for the zone, such as setbacks, may be modified so that placement of the temporary mobile home or recreational vehicle will allow for unobstructed reconstruction on the site, providing said placement does not have an adverse impact on public health and safety.

All applications and permits approved under the provisions of this Chapter are exempt from the requirements of CEQA in compliance with Public Resources Code Sections 21080(b)(2—3) and 21172, and Section 15269 of the CEQA Guidelines.

Sec. 130.68.070 - Appeals.

All decisions provided for in this Chapter shall be appealable in compliance with Chapter 130.52.090 (Appeals) in Article 5 (Planning Permit Processing) of this Title.