Laserfiche WebLink
Exhibit B <br />ORDINANCE Exhibit A - Page 19 of 66 <br />1. An existing nonconforming structure may be reconstructed as repair, reconstruction, or due <br />to destruction or damage to any extent by fire or other casualty not intentionally caused by the <br />owner; provided, that: there is no expansion of the existing footprint or increase of impervious <br />area, including decks, patios or other improvements; there is no expansion of exterior walls; <br />there is no increase in the nonconformity; and reconstruction is built on the existing foundation. <br />2. For a nonconforming structure destroyed or damaged to any extent by fire or other casualty <br />not intentionally caused by the owner, a structure may be reconstructed on the existing <br />foundation, or a new foundation may be built in the same location or further from the critical <br />area. <br />3. In case of casualty damage or destruction, the following is required: <br />a. A complete building permit application shall be properly filed within one (1) year of <br />such fire or other casualty or the nonconformance shall be considered to be terminated <br />and shall not be replaced in its prior nonconforming location; and <br />b. Rebuilding of the nonconforming structure shall be substantially complete within four <br />(4) years of the date of the damage or the nonconformance shall be considered to be <br />terminated and shall not be replaced in its prior nonconforming location; and <br />c. Documentation showing the date of the damage, the location, and dimensions of the <br />damaged structure, and cause of the damage shall be submitted to the planning <br />department for review and confirmation. <br />d. If a nonconforming structure which has no permanent foundation is destroyed and <br />the foundation’s location cannot be verified by the planning department, then any new <br />construction shall comply with the requirements of this chapter, excluding this section. <br />D. Expansion of Nonconforming Structures <br />1. An expansion of a nonconforming structure that increases the footprint, impervious area, or <br />size of the structure, including new upper floors, is permitted if the expansion or any other <br />change to the structure is outside of the critical area, critical area buffer, and any associated <br />setbacks. <br />2. Additional upper floors may be added to a nonconforming structure above the ground floor if <br />they do not encroach into the critical area, its buffer, or any associated setback any further than <br />the exterior walls of the existing nonconforming structure. <br />3. Nonconforming structures and improvements may be expanded within critical areas or <br />buffers only as permitted by EMC 19.37.050.