§ 9.10.060. Repair of damaged or partially destroyed nonconforming buildings or structures on nonconforming lots.

A nonconforming building or structure or a building or structure on a nonconforming lot that is accidentally damaged or destroyed, such as by fire, earthquake or other calamity, including any building or structure containing a nonconforming use prior to the occurrence of such damage or destruction, may be reconstructed, provided that each of the following are satisfied:

(1)

Such reconstruction shall comply with and is permitted by the building code;

(2)

All such reconstruction shall be started within two years from the date of damage and shall be pursued diligently to completion;

(3)

Reconstruction shall not extend the termination date for nonconforming uses specified in this title and shall not increase or intensify the degree of nonconformity of the use; and

(4)

The footprint and building envelope of the new building or structure shall be the same as that of the former building or structure which is being replaced. However, if the proposed structure or building exceeds or deviates from the footprint or envelope of the original structure, the building or structure shall be subject to all applicable requirements and discretionary approvals set forth in this Code.

(Ord. No. 297, § 9.02.030.060, 3-20-2007)