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The following standards shall govern the repair or reconstruction of buildings which are located in a nonresidential zone, and nonresidential buildings located in a residential zone, that do not conform to then current city zoning ordinances, provided that the repair or reconstruction is performed pursuant to a permit issued under the authority of this article.
A. The permittee may repair or reconstruct a building in such manner that:
The floor area of the replacement structure is equal to or less than the floor area of the original structure as it is determined by the city;
The footprint of the replacement structure is within the footprint of the original structure as it is determined by the city;
The height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the city.
The city shall determine the predamage parameters of the building which define the legally permitted scale of such building. Those parameters include, but are not limited to, the building's envelope, footprint, parking, and floor area. Such determination shall be based on the records of the city, as well as any additional information provided by the owner pursuant to a request by the director of community development.
B. No building shall be repaired or reconstructed pursuant to this section except in conformity with the architectural review requirements of article 30 this chapter.
C. No building shall be repaired or reconstructed in such manner that the height exceeds the then current maximum height permitted by this code unless a development plan review authorizing the additional height is first approved pursuant to the provisions of article 31 of this chapter.
D. Any permittee who repairs or reconstructs a building which is located in a commercial zone and which does not meet the then current parking requirements of this code, may repair or reconstruct that building without providing additional parking if the replacement building does not exceed then current Beverly Hills municipal code limitations on height and floor area ratio.
However, if a permittee repairs or reconstructs a building in such manner that the height exceeds the then current maximum height permitted by this code, or in such manner that the floor area ratio exceeds the then current maximum floor area ratio permitted by this code, then the permittee shall provide parking for the replacement building as required by the then current Beverly Hills municipal code.
The planning commission may reduce or waive this parking requirement as part of its consideration of the permittee's development plan review application if the planning commission determines that such a waiver or reduction: 1) is necessary because the subject property cannot physically accommodate additional parking; or 2) is necessary to prevent undue economic hardship for the permittee. In lieu of granting a waiver or reduction, the planning commission may, upon request by the permittee, allow the permittee to repair or reconstruct the buildings so that the building extends beyond the predamage height envelope or footprint, but not beyond the predamage maximum setback, for the sole purpose of accommodating parking on the site.
Nothing in this subsection shall be construed to require the permittee to provide more parking than is required by the then current Beverly Hills municipal code for the replacement building nor, shall this subsection be construed to permit a building to be repaired or reconstructed without providing at least the number of parking spaces provided prior to the damage of the building. (Ord. 15-O-2681, eff. 8-21-2015)