§ 6.04.3065. Maintenance, repairs and alterations of nonconforming structures(Revised May 28, 1996 per Ord. 96-715; Revised February 18, 2004 per Ord. 03-773).

1.

Ordinary maintenance, repairs and alterations may be made to a nonconforming structure, provided that no structural alteration shall be made if the expense for the alteration exceeds fifty percent of the replacement cost of the structure at the time the building is proposed. Single-family residential structures shall be exempt from the provisions of this subsection.

(Per Ord.03-773) Existing single-family residential structures in the CH zone are allowed to be rebuilt or expanded provided the property owner enter into an agreement with the city to restrict the residential unit for either a low or very low income family as set forth in Health & Safety Code sections 5093 and 50105. Additionally, existing single-family residential units may deviate from the City of Fillmore Zoning District Standards (6.04.0415) in regards to setbacks, parking, lot coverage, and lot size, pursuant to a conditional use permit (CUP) approved by the planning commission. Single-family residential structures in the CH zone are allowed to be rebuilt or expanded provided that the following requirements are satisfied:

A.

The single-family residential structure was legally established prior to the adoption of this ordinance (11/25/03).

B.

Lot width is less than forty feet.

C.

Lot size is less than six thousand sq. ft.

D.

The single-family residential structure is not within the one hundred twenty-eight foot right-of-way required for the widening of Highway 126.

2.

Any nonconforming structure partially destroyed may be restored provided restoration is started within ninety days of the date of partial destruction and diligently pursued to completion. Whenever a nonconforming structure is damaged in excess of fifty percent of its replacement cost at the time of damage, the repair or reconstruction of the structure shall conform with all of the current provisions/standards of the zoning district in which it is located and it shall be treated as a new structure and any nonconformity shall be eliminated in compliance with Subsection 6.04.3015;

Rebuilding/reconstruction required to reinforce non-reinforced masonry structures shall be permitted without replacement cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards;

3.

Where any part of a nonconforming structure is acquired for public use, the remainder of the structure may be repaired, reconstructed, or remodeled, with the same or similar materials used in the existing structure;

4.

Disagreements with the interpretation of the provisions of this subsection shall be heard and resolved by the commission, subject to appeal to the council. The burden of proof shall be on the owner to demonstrate that the cost of repairs is less than fifty percent of the replacement cost of the structure; and

5.

Nothing in this subsection shall be construed to excuse any owner, occupant or contractor from rebuilding or repairing any damaged structure in compliance with the requirements of the city building code, or any other health or safety requirements imposed by local, regional, state, or federal law or regulation in effect at the time of the repair or rebuilding.