§ 20.82.030. Permitted repairs and alterations.

A. Repairs and alterations which do not enlarge or increase the size or scope of a nonconforming structure or use may be made, provided that the aggregate value of all such repairs or alterations from the time the structure or use became nonconforming shall not exceed fifty percent of the reasonable replacement value of the nonconforming building or use immediately prior to such repair and/or alterations.

B. Notwithstanding the provisions of Section 20.82.020, the provisions of this chapter shall not prevent the reconstruction, repair, or rebuilding of any nonconforming commercial or industrial building or of any building in which a nonconforming use is conducted when such building is damaged by fire, explosion, or act of God, provided that the cost of such reconstruction, repair, or rebuilding shall not exceed fifty percent of the reasonable replacement value of the building immediately prior to the damage.

C. For purposes of this chapter, "reasonable replacement value" shall be based upon current per/square/foot building valuation data as published periodically by the International Conference of Building Officials for the structure and occupancy type of the destroyed or damaged structure. "Cost of repair" shall be based upon the average of at least two bona fide bids submitted by contractors licensed by the state of California to perform such repairs.

D. A nonconforming residential structure damaged or destroyed by fire, explosion, or act of God may be reconstructed in conformity with all applicable provisions of the zoning ordinance in effect at such time as the original building permits were issued for such structure subject to the following:

1. The density, height, and lot area coverage of a replacement structure or reconstructed structure shall not exceed that of the destroyed or damaged structure;

2. Setback dimensions, open space area, and the number of garages and on-site parking shall not be less than that which existed prior to damage or destruction;

3. A nonconforming residential structure for which building permits were issued prior to April 7, 1964, and which is damaged by any means may be reconstructed in conformity with the provisions of the zoning ordinance in effect as of April 7, 1964, and subject to subparagraphs 1 and 2 of subsection D of this section.

E. A nonconforming residential structure in a district in which residential uses are no longer permitted may be reconstructed regardless of the extent of damage, subject to the applicable zoning ordinance as determined in subsection D. Development standards for reconstruction shall be those of the residential district of the applicable zoning ordinance which allows maximum permissible densities not greater than the density represented by the sum of all residential units on the subject property immediately prior to damage, provided the reconstructed habitable floor area and number of units do not exceed that of the destroyed structure(s).

(Ord. 88-12-1023 § 1 (part))