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The intent of this section is to allow for the repair and maintenance of existing nonconformities and minor improvements to a residential historic structure as an alternative to obtaining a variance that would otherwise be required. It is not the intent that this section be applied to relocated residential historic structures.

A. Repair, Maintain or Improve the Exterior of Listed Historic Residential Structures. When a residential historic structure is nonconforming because it exceeds the permitted height limit, or encroaches into one or more required setbacks, the following may be permitted with the approval of a historic rehabilitation permit: repair, replication or restoration of damaged nonconforming portions of the historic structure; and/or minor additions to the existing nonconforming portions of the structure. Additionally, when the proposed work on a residential historic structure exceeds sixty (60) percent of the current replacement value of the original structure and the need to bring nonconformities into compliance would normally be triggered; the maintenance of existing nonconformities may be authorized by a historic rehabilitation permit.

Work authorized by a historic rehabilitation permit approved under this section can maintain, but may not exacerbate, other existing nonconformities (e.g., floor area ratio, lot coverage). New additions must comply with all other provisions of this code. An illustrative, but not exhaustive, list of projects that may be approved by a historic rehabilitation permit is:

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.

B. Historic Rehabilitation Permit.

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:

a. The granting of the application is desirable for the preservation, restoration or rehabilitation of the existing architectural style, and/or will allow an addition that better preserves the historic resource in a manner that could not otherwise be accomplished through the strict application of the regulations.

b. The granting of the application is based on characteristics of the property and its improvements, and fulfills the purposes provided under Larkspur Municipal Code Section 18.68.010. (Ord. 1030 § 2(12), 2018; Ord. 975 § 4, 2011)