1. Outer; being on the outer side; the exterior surface; exterior decorations.

2. Intended or suited for exterior use; exterior paint.

1. Being within; inside of anything; internal.

2. Of or pertaining to that which is within; inside.

1. To keep in existence or continuance; preserve; retain.

2. To keep in due condition, operation or force.

1. A nonconforming residential use is a residential use in a zoning district that does not permit residential uses or a number of dwelling units which exceeds the number of dwelling units permitted under the density standards for the particular zoning district in which it is located.

2. A nonconforming commercial use is a use that is not permitted or conditionally permitted within the zoning district in which it is located.

1. To restore to a good or sound condition after decay or damage; mend.

2. To restore or renew by any process of making good, strengthening.

1. A building permit may be issued for interior work to repair, maintain or alter nonconforming structures and structures with nonconforming uses regardless of whether the work is located in the conforming or nonconforming portion of the structure.

2. A building permit may be issued for work proposed to repair, maintain or improve the exterior of nonconforming structures and structures with nonconforming uses, including the nonconforming portion of the structure; provided, there are no changes to exterior openings (e.g., doors or windows), decks, or roof height of the nonconforming portion of the structure, and the cost of construction does not exceed sixty (60) percent of the current replacement value of the structure, as determined by the City Chief Building Official using the most current ICC assessed valuation data with a regional modifier.

3. Except as provided for in Larkspur Municipal Code Section 18.68.035, an exception permit shall be required for work proposed to repair, maintain or improve the exterior of nonconforming structures and structures with nonconforming uses when changes to exterior openings (e.g., doors and windows), decks, or roof height of the nonconforming portion of the building are proposed, or when the cost of construction exceeds sixty (60) percent of the current replacement value of the structure, as determined by the City Chief Building Official using the most current ICC assessed valuation data with a regional modifier. An exception permit shall be processed in accordance with Larkspur Municipal Code Section 18.68.040.

4. Maintaining a Nonconforming Setback. Except as provided for in Larkspur Municipal Code Section 18.68.035, if a foundation and the exterior walls above it, which encroach into a required setback, are removed or replaced, such foundation and walls shall be reconstructed in compliance with the setback regulations in the district. Minimum standards to retain a nonconforming setback are as follows:

1. In the R-1 and T-R zones, nonconforming structures and structures with nonconforming uses that have been damaged or destroyed, due to any means other than voluntary demolition, may be repaired or reconstructed to the footprint, building envelope, floor area, and exterior door, window and deck placement of the original structure, including its nonconforming features, subject to the following conditions:

2. In zones other than the R-1 and T-R Zoning Districts, nonconforming duplexes, multiple-family, and commercial structures and structures with nonconforming uses that have been damaged, due to any means other than voluntary demolition, may be repaired or restored to the footprint, building envelope, floor area, and exterior door, window, and deck placement of the original structure, including its nonconforming features, only where the cost of restoration does not exceed sixty (60) percent of the current replacement cost for the original structure. Such restoration shall comply with the requirements of subsections (B)(1)(a) through (d) of this section. If the cost of restoration of the structure exceeds sixty (60) percent of the current replacement cost, as determined by the City Chief Building Official using the most current ICC assessed valuation data with a regional modifier, the structure shall not be restored unless made to conform to the regulations of the district in which it is entitled.

1. In zones other than residential, nonconforming uses and structures with nonconforming uses, and structures on properties with nonconforming uses, shall not be relocated or enlarged so as to occupy a greater area of land or building than occupied at the time the use became nonconforming, unless a use permit is granted for such change. A nonconforming use shall not be expanded to displace a conforming use. To grant such a use permit, the Planning Commission shall find, in addition to the findings required by Larkspur Municipal Code Section 18.76.050, at least one of the following circumstances exist:

2. In the R-1 and T-R Zoning Districts, duplexes, multiple-family dwellings, and dwelling groups may be expanded by no more than a maximum of one hundred (100) square feet per dwelling unit. Such expansion must be attached directly to an existing dwelling (i.e., no new detached structures, and no expansion of accessory structures), and cannot be aggregated (i.e., expansion of two hundred (200) square feet on one dwelling where two (2) dwellings exist on a site). Such expansion shall also be subject to approval of an exception permit, provided the proposed expansion conforms to all other zoning regulations.

3. Except as provided in this section, no nonconforming use, including nonconforming densities in the residential districts, shall be enlarged or extended so as to occupy a greater area of land or building than occupied at the time it became a nonconforming use.

1. Repair, restoration, replacement or rehabilitation of damaged exterior walls (including foundation work), porches, porch roofs and bay projections, provided these features are determined to be a historic element of the structure;

2. Replication or restoration of lost or damaged historic architectural features and detailing that extend into a setback and/or exceed the height limit;

3. New roof dormers in an existing roofline that exceeds the height limit. New roof dormers may not project above the existing ridgeline;

4. Small infill additions between sections of a building that do not comply with the minimum setback. Proposed addition may not extend beyond the existing wall planes;

5. New window and/or doorway openings in a building wall with a nonconforming setback.

1. An application for historic rehabilitation permit shall be processed in accordance with the procedures provided under Larkspur Municipal Code Chapter 18.64, Design Review, listed in Larkspur Municipal Code Section 18.19.040.

2. A historic rehabilitation permit may be approved subject to the following additional findings:

1. The required information shall be submitted on approved forms provided by the City.

2. All plans shall be drawn to scale and accurately dimensioned. Floor plans shall be at a one-quarter inch equals one foot scale.

3. Plans showing proposed and existing physical improvements and features shall show the following unless not relevant. The Community Development Director may waive any of the submittal requirements:

1. Notification. If Planning Department staff determines that an exception permit should be approved and has made the necessary findings outlined herein, notices shall be sent to all property owners within three hundred (300) feet of the subject property using names and addresses appearing on the latest adopted Assessor’s roll of the county, indicating that a permit will be issued for the project unless a written protest is received by the City within ten (10) days of the date of the notice. City staff shall also post a notice on the property.

2. Action. Projects to be acted upon by Planning Department staff may be approved; provided, that no written protests have been received within the ten-day time limit, subject to the findings listed below.

3. Protests. In the event that a written protest is submitted to the City within the ten-day time limit, a public hearing shall be set before the Planning Commission.

1. The exception will not increase the existing nonconformity.

2. The proposed project otherwise conforms to the standards and regulations of this code.

3. The proposed project will not be detrimental to the health, safety, welfare, comfort, or convenience of persons working or residing in the neighborhood of the proposed structure, nor be detrimental to the general welfare.