§ 18.92.030 — Destroyed or Deteriorated Residential Structures

A. Reconstruction or Replacement – Single-Family Dwellings. An involuntarily damaged or destroyed nonconforming single-family dwelling may be reconstructed or replaced with a new structure with the same footprint, including preexisting nonconforming setbacks, preexisting parking, and preexisting height in compliance with applicable Building Code and Fire Code requirements. B. Reconstruction or Replacement – Multi-Family Dwellings. In compliance with Government Code Sections 65852.25 and 65863.4, an involuntarily damaged or destroyed nonconforming multi-family dwelling unit or structure, including a nonconforming mixed-use building containing both residential and non-residential uses, may be reconstructed or replaced with a new unit or structure with the same footprint, provided that the reconstruction or replacement complies with applicable Building and Fire Code requirements. C. Time Limits for Reconstructions or Replacement of Residential Structures. 1. If a Building Permit is issued within one year following the date of involuntary damage or destruction, legal-nonconforming rights are maintained and the dwelling unit may be built to its original gross floor area; or 2. If a Building Permit is not issued within one year following the date of involuntary damage or destruction, the legal-nonconforming rights shall be deemed to have terminated. Any reconstruction or replacement shall be in full compliance with all applicable provisions of this Zoning Code.