Part 20 — RECONSTRUCTION PERMIT

The purpose of this permit is to allow reconstruction and major repair of nonconforming buildings and structures and the reestablishment of nonconforming uses, consistent with the purpose of the General Plan and Zoning Ordinance. It is appropriate to allow replacement of nonconforming structures and uses, as long as their impact on the surrounding area is consistent with their impact before the damage. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. (Ord. 2006-02 § 2 (part), 2006: Ord. 94-33 § 25, 1994: Ord. 90-15 § 2 (part), 1990).

A nonconforming building or structure which was damaged as a result of a natural disaster by more than fifty percent as determined by the building official, may be repaired or reconstructed by first obtaining a reconstruction permit. A nonconforming building or structure damaged by less than fifty percent may be repaired subject to a building permit only. Reconstruction of buildings or structures damaged more than fifty percent that are nonconforming only because of noncompliance with setbacks from a watercourse or wetland as required in Part 21 may be repaired subject to a building permit provided that the general requirements in Section 24.08.2030 are met. (Ord. 2006-02 § 2 (part), 2006: Ord. 90-15 § 2 (part), 1990).

A public hearing shall be held by the zoning administrator, unless the application involves a use which requires a permit from the zoning board, then the reconstruction permit shall be heard by the zoning board.

(Ord. 2006-02 § 2 (part), 2006: Ord. 94-34 § 14, 1994: Ord. 90-15 § 2 (part), 1990).

24-65

(Supp. No. 20 – 4/24/2008)

24.08.2030

1. The amount of inside space (square footage) shall not be greater than the amount which existed in the building proposed for reconstruction;

2. The number of dwelling units shall not be greater than the number existing prior to the reconstruction or the number allowed by this title;

3. Setbacks shall not be less than those which existed prior to the reconstruction;

4. The height of the structure may only exceed district regulations when necessary to reconstruct the architectural features of the original structure;

5. Parking shall be no less than the parking provided prior to the reconstruction;

6. Except as provided below, a reconstruction permit shall be filed with the department of planning and community development within one year from the disaster. Reconstruction shall be started within two years from issuance of the reconstruction permit and diligently prosecuted to completion.

a. Buildings listed on the Historic Building Survey, and buildings in historic districts, shall be eligible for reconstruction permits without regard to the stated time lines. (Ord. 2006-02 § 2 (part), 2006: Ord. 92-20 § 1, 1992; Ord. 90-44 § 1, 1990; Ord. 90-15 § 2 (part), 1990).

A replacement permit shall be granted when the following findings are made:

1. The project is consistent with policies of the General Plan.

2. The exterior design and appearance of the project maintains a similar relationship to the surrounding areas, and is consistent with the pre-existing fabric of the area in which it is located.

3. Previously nonconforming aspects of buildings and structures have been diminished to the extent feasible.

(Ord. 2006-02 § 2 (part), 2006: Ord. 90-15 § 2 (part), 1990).