17.08.058 Replacement of structure or any portion thereof where destroyed for reasons other than involuntary causes.
If a lawful non-conforming roofed structure located within 30 feet of a centerline of an open creek is to be replaced to the extent that more than 50% of its appraised value is to be removed, and such replacement is not as a result of an involuntary cause such as fire, earthquake, or flood, the Board may approve a Use Permit for the structure to be repaired, or rebuilt within its previous footprint. In addition to the findings required to approve a Use Permit, each of the following findings must be made:
1. Alternatives to rebuilding of structures within the 30-foot setback area have been considered, including possible encroachments into yard setbacks to move the structure farther away from the creek centerline, and have been determined by the Board either not to be physically or economically feasible. In determining physical feasibility, the Board may consider site constraints; and the relationship of the structure to adjacent structures. In determining economic feasibility, the Board may consider the relative cost of constructing the structure in its original location and moving the structure to a new location.
2. Rebuilding the structure would not create, exacerbate, or prevent the abatement of, erosion and bank de-stabilization problems.
3. Rebuilding the structure would not increase stormwater runoff into the creek.
4. Rebuilding the structure will not degrade water quality from increased sedimentation and particulates from disturbed soils; pollution from motor oil; or from the generally high level of toxics and trash around construction sites.
5. Rebuilding the structure would not eliminate or degrade significant in-stream or riparian corridor. (Ord. 6956-NS § 1 (part), 2006)