A. Repairs, reconstruction, or improvements to existing nonconforming uses may only be permitted provided that:
1. The cumulative cost of improvements, repairs, or reconstruction is less than fifty percent of the value of the original structure as determined by:
a. The latest assessment rolls of the county assessor before the improvement or repair is started, or
b. The market value as determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation that has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.
2. The improvements, repairs, or reconstruction conform to all other provisions of this title; and the improvements do not:
a. Increase water surface elevations if located in floodway areas,
b. Encroach greater than the limits provided in Section 16.20.040.A if located in floodway fringe areas,
c. Encroach further into an erosion hazard area, or
d. Increase the flood damage risk to the structure by either:
i. Lowering the finished floor below that of the existing structure, including conversion of non-habitable space into habitable space,
ii. Failing to maintain the height of the structure relative to natural grade if on sloped terrain, or
iii. Failing to provide an equal level of erosion protection of the existing structure.
B. Substantial repairs, reconstruction, or improvements that exceed fifty percent of the value of the existing nonconforming use shall only be permitted when the entire structure is brought into compliance with all of the provisions of this Title, including those conditions listed in Section 16.12.050.A.
C. Any improvements, repairs, or reconstruction including substantial improvements to existing historic structures are permitted provided the improvement or the alteration would not preclude the structure's continued designation as a historic structure.
D. No person shall repair or alter property in a piecemeal manner so as to avoid the provisions of this section.
E. For the purpose of this chapter, improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimension of the structure.
F. This section does not apply to any project for improvement of a structure to comply with existing state or local health, sanitary, or safety-code specifications which are solely necessary to assure safe living conditions.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005)