(A) A nonconforming building or structure, or portion thereof (in this chapter referred to as "building"), which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity of nature or act of God to the extent that the cost of repairing, reconstructing or restoring it is less than 50% of the cost of replacing the entirety of the building may be repaired, reconstructed or restored and the occupancy or use thereof, which existed at the time of such damage or partial destruction, may continue or be resumed therein; provided, however, that such repair, reconstruction or restoration shall be commenced no later than one year from the date of such damage and/or partial destruction and shall be completed within six months after the commencement, or at a later time as determined by the Director of Community Development.
(B) In the event a nonconforming building is so damaged or partially destroyed that the cost of repairing, reconstructing or restoring it exceeds 50% of the cost of replacing it, neither it nor any portion shall be repaired, reconstructed or restored unless the entirety of such building conforms to and is in compliance with all the regulations of the city and the state relating to its use, and the property on which it is located, including but not limited to the city’s zoning regulations, and particularly the property development standards for the zone in which such building is located, and to its construction, including but not limited to the city’s Building Code, wiring regulations, Plumbing Code, Mechanical Code and Fire Code.
(C) Notwithstanding divisions (A) and (B) above, any nonconforming multi-family dwelling that is so damaged or partially destroyed that the cost of repairing, reconstructing, or restoring it exceeds 50% of the cost of replacing it, shall nevertheless be permitted to be repaired, reconstructed, or rebuilt, provided it has been determined by the Director of the Community Development Department that: (i) the repair, reconstruction or rebuilding is not detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or to property and improvements in the neighborhood; (ii) there is not a more appropriate location for the use to be moved to; (iii) there is still a zone where the nonconforming use is permitted; and (iv) the multi-family dwelling is not located in an industrial zone. Any multi-family dwelling that qualifies for reconstruction, restoration, or rebuilding shall comply with all the following:
(1) The California Building Standards Code as that code was in effect at the time of reconstruction, restoration, or rebuilding.
(2) Any more restrictive building standards set by the Building Department authorized pursuant to Sections 13869.7, 17958.7. and 18941.5 of the California Health and Safety Code, as those standards were in effect at the time of reconstruction, restoration, or rebuilding.
(3) The State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13 of the Heath and Safety Code) for work on qualified historical buildings or structures.
(4) The predamage size and number of multi-family dwelling units are maintained.
(5) A building permit is obtained for the damaged building within two years after the damage or destruction.
(D) The term "cost of replacing" as used in this section means those costs as computed by the Director of Community Development. In making the computation, the tables and figures provided in that publication entitled "Building Standards" as published by International Conference of Building Officials, Whittier, California, and which is current at the time such computations shall be used. The tables and figures shall apply to a building which would conform to all the city and state regulations, including building, plumbing, wiring, mechanical, fire codes and zoning regulations, which are effective at the time of the computation.
(E) Notwithstanding the other provisions of this section, Group C existing dwelling units on March 15, 1989, shall be permitted to be reconstructed if there is no increase in existing dwelling unit density within lot areas.
(`78 Code, § 17.90.100.) (Ord. 2970 § 1, 2009; Ord. 2041 § 4, 1991; Ord. 1927 § 4, 1989.)