§ 72-302. Coastal management.

Hurricane damage: Within the coastal high-hazard area, as defined by the comprehensive plan, it may be possible to rebuild both conforming and nonconforming structures which have been damaged by a hurricane provided that:

(1)

Structures which conform to the requirements of this article and which have been damaged less than 50 percent of their replacement cost at the time of damage may be rebuilt to their original condition, subject only to current building and life safety codes.

(2)

Notwithstanding the provisions of division 6 of this article, structures which have been damaged more than 50 percent of their replacement cost at the time of damage, including nonconforming structures, can be rebuilt to their original square footage and density, provided that they comply with:

a.

Federal requirements for elevation above the 100-year flood level;

b.

Building code requirements for floodproofing;

c.

Current building and life safety codes;

d.

State coastal construction control lines;

e.

Any required zoning or other land development regulations (other than density or intensity), unless compliance with such regulations would preclude reconstruction otherwise intended by this section;

f.

Any other relevant federal regulations; and

g.

Any other relevant local regulations.

Documentation such as, but not limited to, site plans, photographs, appraisals, ad valorem tax records, and previously approved building permits, may be required to substantiate a loss prior to a person being given approval to replace a structure.

(Ord. No. 90-34, §§ 104, 105, 9-27-90; Ord. No. 94-4, § CI, 5-5-94; Ord. No. 2008-25, § II, 12-4-08)