§ 17.610.025 EXEMPTIONS AND EXCEPTIONS.
A.   Applicability. The following uses and/or structures damaged or destroyed due to an involuntary catastrophic event (e.g., fire, earthquake, or other calamity) may be reconstructed or replaced, and the use re-established provided the requirements in this § 17.610.025 are met:
   1.   Nonconforming uses and structures.
   2.   Existing single-family and two-family use/structures in the RMD and RHD zones deemed conforming as of October 9, 2024.
B.   Development Standards. The new structure(s) shall comply with all development standards (such as building envelope and footprint standards) in effect when the damaged or destroyed structure(s) was originally constructed; provided, however, that the new structure(s) shall contain no more dwelling units and/or floor area than the damaged structure(s).
C.   Building and Fire Code Compliance. All new construction shall comply with the current Building and Fire Code requirements; however, the Building Official may require compliance for areas other than the new construction, when deemed necessary.
D.   Time Limits. A building permit for reconstruction must be obtained no later than 18 months after the date of destruction, and construction must be pursued diligently to completion.
E.   Current Requirements. If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this Title in effect on the date of application for the required building permit.
F.   Extensions. If the applicant submits a written request before expiration of the 18 months, containing reasonable justification for an extension, the Director may extend the deadline for issuance of the building permit for up to an additional 18 months.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)