This Chapter establishes standards and regulations for expeditious
repair and reconstruction of buildings or structures which were damaged
or caused to be demolished as a result of a disaster for which a local
emergency has been declared by the City Council. The Chapter does
not allow exemptions from the building, fire, electrical, mechanical,
plumbing or other codes adopted by the City of Indian Wells.
(Ord. 747 § 4, 2022)
The provisions of this Chapter are applicable to all building
sites regulated by the City of Indian Wells following each disaster
when a local emergency has been declared. The Council may extend provisions
as necessary.
(Ord. 747 § 4, 2022)
means the edition of the California Building Code, published
by the International Conference of Building Officials, as adopted
by the City of Indian Wells in accordance with the operation of law
pursuant to Section 18941.5 of the State of California Health and
Safety Code. The edition to be applied shall be that edition in effect
at the time of the declaration of a local emergency by the City Council.
means conditions of extreme peril to the safety of persons
and property that may strike the City, caused by, but not limited
to: earthquakes, fire, flood, hazardous spills, civil unrest, epidemics,
storms, etc.
means occupancies, as defined by Table No. 5 A of the current
building code, which were in place prior to the passage of the City's
General Plan and all current zoning or planning ordinances.
(Ord. 747 § 4, 2022)
(a)
Regulations Regarding Reconstruction. All buildings or structures
which, as a result of a natural disaster for which a local emergency
has been declared, have been damaged to a point where the owner has
elected to demolish rather than repair, caused to be demolished as
a threat to public health and safety, or destroyed may be reconstructed
on the same lot. If the buildings or structures are to be reconstructed,
current zoning and planning ordinances relating to building size,
lot coverage, parking and site improvements shall be waived provided:
(1)
The building is reconstructed to the same configuration, floor area,
height, and occupancy as the original building or structure and is
constructed of similar construction materials. Existing unreinforced
masonry and concrete materials shall be replaced with similar materials
reinforced in accordance with the current building code.
(2)
All parts or portions of the original construction are completely
removed, except as approved by the Building Official.
(3)
The site is prepared in accordance with a foundation report prepared
by an individual registered by the State of California to perform
foundation investigations.
(4)
All new construction complies fully with the requirements of the
current building code.
(b)
Previous Non-Conforming Occupancies. For those buildings which housed
lawful non-conforming occupancies, the lawful non-conforming occupancy
may be maintained in the new building provided the occupancy is lawful
and not in violation of any other portions of the Municipal Code.
(Ord. 747 § 4, 2022)
The provisions of this Chapter may be appealed to the City Board of Appeals pursuant to Municipal Code Section 16.12.010.
(Ord. 747 § 4, 2022)
