(a) A nonconforming structure may be repaired or altered; provided that the repairs or alterations do not increase or intensify the nonconformity, and the cumulative valuation of the repairs or alterations:
(1) Does not exceed 50 percent of the replacement cost over a 10-year period of that portion of the structure that is nonconforming and located 40 feet or less from the certified shoreline; or
(2) Does not exceed 75 percent of the replacement cost over a 10-year period of that portion of the structure that is nonconforming and located more than 40 feet from the certified shoreline but makai of the shoreline setback line.
(b) If a nonconforming structure is destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it may not be reconstructed except in conformity with this chapter and the shoreline setback rules, as may be amended or superseded.
(c) Reconstruction of a nonconforming structure within the shoreline setback area requires a shoreline setback variance.
(1990 Code, Ch. 23, Art. 1, § 23-1.6) (Added by Ord. 92-34) (Am. Ord. 23-3)