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Staff of construction [for other than new construction or substantial <br />improvements under the Coastal Barrier Resources Act (Pub. L. 97- <br />348)], includes substantial improvement, and means the date the <br />building permit was issued, provided the actual start of construction, <br />repair, reconstruction, placement, or other improvement was within <br />one hundred eighty (180) days of the permit date. The actual start <br />means either the first (1st) placement of permanent construction of a <br />structure on a site, such as the pouring of slab or footings, the <br />installation of piles, the construction of columns, or any work beyond <br />the stage of excavation, or the placement of a manufactured home <br />on a permanent foundation. Permanent construction does not <br />include land preparation, such as clearing, grading and filling; nor <br />does it include the installation of streets and/or walkways; nor does it <br />include excavation for a basement, footings/piers, or foundations or <br />the erection of temporary forms; nor does it include the installation on <br />the property of accessory buildings, such as garages or sheds not <br />occupied as dwelling units or not part of the main structure. <br /> <br />Structure means that which is built or constructed. <br /> <br />Substantial damage means damage of any origin sustained by a <br />structure whereby the cost of restoring the structure to its before <br />damaged condition would equal or exceed fifty (50) percent of the <br />market value of the structure before the damage occurred. <br /> <br />Substantial improvement means any reconstruction, rehabilitation, <br />addition, or other improvement of a structure, the cost of which <br />equals or exceeds fifty (50) percent of the market value of the <br />structure before the "start of construction" of the improvement. This <br />term includes structures which have incurred "substantial damage" <br />regardless of the actual repair work performed. The term does not, <br />however, include either (1) any projects for improvement of a <br />structure to correct existing violations of state or local health, sanitary, <br />or safety code specifications which have been identified by the local <br />code enforcement officer and which are the minimum necessary to <br />assure safe living conditions or (2) any alteration of a "historic <br />structure," provided that the alteration will not preclude the structure's <br />continued designation as a "historic structure". <br /> <br />Variance is a grant of relief to a person from the requirements of this <br />chapter which permits construction in a manner otherwise prohibited <br />by this chapter where specific enforcement would result in <br />unnecessary hardship. <br /> <br /> Section 9. This ordinance shall not be construed so as to relieve any person, <br />firm or corporation from any penalty heretofore incurred by the violation of Section <br />12A=1 nor bar the prosecution for any such violation. - <br /> <br /> <br />