§ 23.09.033. Destroyed Nonconforming Structures and Signs.

The replacement of a destroyed nonconforming building, structure or sign shall occur only as allowed by this section.

a.

Replacement of destroyed non-residential structures:

(1)

If a nonconforming structure, a structure that constitutes a nonconforming land use (Section 23.09.026) or a nonconforming sign is destroyed or partially destroyed to the extent of 75 percent or more of the replacement cost (as determined by the County Fee Ordinance) of the total structure before destruction by fire, explosion or act of God, the destroyed use, structure or sign may be replaced or reconstructed only when the use, structure or sign and the site on which it was located are in conformity, or are brought into conformity with all applicable requirements of this title.

(2)

If a nonconforming use, structure or sign is partially destroyed to less than 75 percent of its replacement cost, it may be restored to its former nonconforming status.

b.

Replacement of destroyed dwellings. Replacement of a destroyed dwelling which was a nonconforming building or was located on a parcel with nonconforming site development is subject to the same requirements that are applied to non-residential structures by subsection a. of this section. Replacement of a destroyed dwelling which was a nonconforming use of land is instead subject to the following requirements:

(1)

Permit requirement: Minor Use Permit.

(2)

Required findings - Farm support quarters. A Minor Use Permit to allow the replacement and restoration of destroyed farm support quarters to their former nonconforming status shall be approved only where the applicable approval body can first find that:

(i)

The farm support quarters was being used for the housing of farm or ranch workers employed on the same site at the time of its destruction.

(ii)

Agricultural operations on the site are the same as or are more intensive than the agricultural use that existed on the site at the time the farm support quarters were established.

(iii)

The agricultural uses on the site are likely to remain in operation over the life of the farm support quarters.

(iv)

If the site is no longer designated by the Land Use Element as being in the Agriculture land use category, the approval body must also find that the replacement of the farm support quarters will not act to hinder the orderly development of areas surrounding the site with land uses allowed by the current non-agriculture land use category.

(3)

Required findings - Other types of dwellings. A Minor Use Permit to allow the replacement and restoration of destroyed dwellings (other than farm support quarters) to their former nonconforming status shall be approved only where the approval body can first find that:

(i)

Replacement of the dwelling will not act to hinder the orderly development of areas surrounding the site with land uses allowed by the current non-residential land use category.

(ii)

The site will not be needed for the types of land uses allowed by the current non-residential land use category during the life of the dwelling.

(iii)

In the case of destroyed dwellings which were nonconforming because they exceeded the density currently allowed by this title, replacement and restoration will only include the number of dwellings currently allowed.

(4)

Timing of replacement. A Minor Use Permit for a replacement dwelling pursuant to this section shall not be approved unless the application was filed with the Department of Planning and Building and accepted for processing pursuant to Section 23.02.022 (Determination of Completeness) within six months from the date of the destruction of the original dwelling.