Rebuilding Nonconforming Structures Damaged by Calamity in Concord

In Concord, nonconforming structures involuntarily damaged or destroyed by fire or other calamity may be rebuilt if the repair cost is 50 percent or less of the structure's assessed value immediately before the damage. If damage exceeds 50 percent of the assessed value, the structure generally must be reconstructed in conformity with the requirements of the applicable zoning district, though specific exceptions exist for residential structures.

Reconstruction of Nonconforming Structures

The Concord Development Code allows for the restoration of nonconforming structures that have been involuntarily damaged or destroyed by fire, explosion, earthquake, or other calamity [Section 18.530.040(B)]. The ability to rebuild depends on the extent of the damage relative to the structure's assessed value.

Damage Not Exceeding 50 Percent

If the cost to repair or replace the damaged portion of a nonconforming structure is 50 percent or less of the assessed value immediately before the damage, the structure may be restored to its original size, and the use may continue as it existed before the damage [Section 18.530.040(B)(1)].

To utilize this provision, the property owner must:

• Obtain all necessary building permits [Section 18.530.040(B)(1)].
• Start restoration work within 180 days of the date the damage occurred [Section 18.530.040(B)(1)].
• Diligently pursue the work to completion within 12 months from the date the building permits were issued [Section 18.530.040(B)(1)].

Damage Exceeding 50 Percent

If the cost of repairing or replacing the damaged portion exceeds 50 percent of the assessed value immediately prior to the damage, the structure generally may not be reconstructed, repaired, or restored unless it is done in full conformity with the requirements of the applicable zoning district [Section 18.530.040(B)(2)].

Special Provisions for Residential Structures

Concord provides additional flexibility for certain residential properties, specifically single-family, duplex, and multifamily dwelling units, which may be reconstructed or replaced using the original development standards (such as building footprint, building height, density standards, number of dwelling units, setbacks, and square footage) even if the damage exceeds 50 percent [Section 18.530.060(B)(1)].

To qualify for this reconstruction using original standards, the following conditions must be met:

• The applicant must provide documentation proving the damage or destruction occurred involuntarily [Section 18.530.060(B)(1)(a)].
• There is no expansion of the gross floor area or an increase in the number of dwelling units [Section 18.530.060(B)(1)(b)].
• The replacement structure must comply with current building codes and not be detrimental to public health, safety, or welfare [Section 18.530.060(B)(1)(c)].
• A building permit must be issued no later than 12 months after the date of destruction, and construction must be diligently pursued to completion [Section 18.530.060(B)(1)(d)].

If these requirements are not met, the replacement structure must comply with all current regulations of the applicable zoning district [Section 18.530.060(B)(2)].

Sections Cited

• Section 18.530.040: Destruction
• Section 18.530.060: Exemptions (specifically subsection (B) regarding Nonconforming Residential Structures)