Except as otherwise provided by applicable law, a damaged single-family dwelling or non-residential structure that is damaged or destroyed by fire, earthquake, or other calamity beyond the property owner's control may be reconstructed in compliance with this Code as follows.
(A) Less than 50% destruction. A structure with 50% or more of the total length of its original exterior walls remaining in place after the damaging event, requiring no replacement, may be reconstructed provided that:
(1) The reconstructed structure occupies the same footprint or decreases the nonconformity of the structure, and is of no greater height than the original structure; and,
(2) A complete application demonstrating compliance with Title 15 for reconstruction is submitted within 12 months of the date of damage, and reconstruction is commenced within 180 days of land use permit approval.
(B) More than 50% destruction. A structure that is damaged so that more than 50% of the total length of its exterior walls must be replaced, may also be reconstructed, provided that:
(1) The reconstructed structure occupies the same footprint or decreases the nonconformity of the structure, complies with the city's design standards to the extent feasible, and is of no greater height than the original structure;
(2) A complete application for reconstruction demonstrating compliance with Title 15 is submitted within 12 months of the date of damage, and reconstruction is commenced within one year from land use permit approval; and;
(3) The reconstructed structure must provide at least as much parking as previously existed and as much as determined by the Director to be feasible.
(C) Replacement after destruction of nonconforming residential structures. A nonconforming residential structure that is completely destroyed by fire, earthquake, or other calamity beyond the property owner's control may be replaced provided that:
(1) The replacement structure occupies the same footprint or decreases the nonconformity of the structure, complies with the city's design standards to the extent feasible, and is of no greater height than the original structure; and
(2) A complete application for reconstruction demonstrating compliance with Title 15 is submitted within 12 months of the date of damage, and reconstruction is commenced within one year from land use permit approval.
(D) Replacement after destruction of nonconforming non-residential uses. A nonconforming non-residential structure that is completely destroyed by fire, earthquake, or other calamity beyond the property owner's control can be replaced only with a structure that complies with all applicable provisions of this Code.
(Ord. 1181, passed 11-19-07)