20.25H.065 Uses and development within critical area buffer or critical area structure setback not allowed pursuant to LUC 20.25H.055.
This section applies to uses and development legally established within the critical area or critical area buffer prior to August 1, 2006, and which are not included as an allowed use or development in LUC 20.25H.055. See performance standards at LUC 20.25H.180 for provisions relating to the repair, remodeling, expansion or reconstruction of structures located in the frequently flooded areas. Any alterations to existing development allowed under this section shall also comply with provisions for the frequently flooded areas. In the event of conflict, the provisions that result in the most protection for the critical area or critical area buffer shall govern.
A. Existing Primary Structures. See LUC 20.25H.035.B.
B. Existing Nonprimary Structures. A structure, other than a primary structure, legally established within a critical area, critical area buffer or critical area structure setback prior to August 1, 2006, shall be considered a nonconforming structure. If no modifications to a nonconforming structure are proposed, then the structure may continue without coming into compliance with the regulations of this part. Compliance may in whole or in part be required when changes to a structure are proposed, as follows:
1. Repair and remodeling of a nonconforming structure is limited to minor, nonstructural repairs, and repairs of mechanical systems within or supporting the accessory structure. If repair or remodeling exceeds these limits, the structure shall be brought into compliance with existing Land Use Code requirements, including requirements of this part.
2. Expansion of existing nonconforming structures, other than as allowed under LUC 20.25H.055, into the critical area or critical area buffer is prohibited.
3. If an existing nonconforming structure is destroyed by fire, explosion or other unforeseen circumstance requiring repairs consistent with those allowed under subsection B.1 of this section, it may be repaired within the footprint existing at the time of destruction; provided, that such repair is commenced within one year of the date of destruction and diligently pursued. Areas of temporary disturbance resulting from the reconstruction shall be restored pursuant to a mitigation plan approved by the Director under LUC 20.25H.210. If such a structure is destroyed and requires structural or other repairs more extensive than those allowed under subsection B.1 of this section, then any reconstruction of such structure shall be in compliance with existing Land Use Code requirements, including requirements of this part.
The critical areas report process may not be used to modify the provisions of this subsection B.
C. Nonconforming Sites. Nonstructural development legally established within a critical area or critical area buffer prior to August 1, 2006, shall be considered a nonconforming site condition. A nonconforming site condition may not be changed unless the change conforms to the regulations of this code. (Ord. 6417, 5-21-18, § 29; Ord. 5680, 6-26-06, § 3)