§127.0104 Maintenance, Repair, Alteration, or Replacement of Previously Conforming Structures
(a) Maintenance, repair, alteration, or replacement of a structure with a previously conforming structural envelope is permitted in accordance with Process One, unless the proposed development otherwise requires a Coastal Development Permit pursuant to Section 126.0704(b).
(b) Maintenance, repair, alteration, or replacement of a structure with a previously conforming structural envelope for proposed development that requires a Coastal Development Permit pursuant to Section 126.0704(b) requires a Neighborhood Development Permit decided in accordance with Process Two.
(c) Maintenance, repair, alteration, or replacement of a dwelling unit or multiple dwelling unit structure, that makes the premises previously conforming for density, is permitted in accordance with Process One, unless the proposed development otherwise requires a Coastal Development Permit.
(d) Maintenance, repair, alteration, or replacement of a non-residential structure containing a previously conforming use is permitted in accordance with Process One if the proposed development would retain 50 percent or more of the exterior walls of the previously conforming structure. If the proposed development would retain less than 50 percent of the exterior walls of the previously conforming structure, the proposed development requires a Neighborhood Development Permit decided in accordance with Process Two. The calculation of exterior walls shall be measured in accordance with Section 127.0111.
(e) In the Coastal Overlay Zone, the previously conforming status for a structure located on a premises that contains or abuts a coastal beach or a coastal bluff edge shall terminate upon:
(1) destruction, demolition, or removal of 50 percent or more of the structure’s exterior walls, on a cumulative basis, which is any destruction, demolition, or removal that has occurred on or after October 13, 2016, which shall be measured in accordance with Section 127.0111, and for which the applicant shall provide sufficient evidence of the nature and extent of the cumulative changes at the time of application for any construction permit to rebut a presumption that the development is not entitled to previously conforming status, or
(2) destruction, demolition, or removal of 50 percent or more of the capacity of the lateral or vertical load resisting system of the previously conforming structure, as determined by the Building Official.
Upon termination, the development standards applicable to new structures shall then apply to the entire structure.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.)
(Retitled to “Maintenance, Repair, Alteration, or Replacement of Previously Conforming Structures” and amended 5-5-2015 by O-20482 N.S.; effective 6-4-2015.)
(Amended 7-19-2016 by O-20672 N.S.; effective 10-6-2016.)