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7/21/2017 Chapter 13 - Zoning Code <br />http://library.amlegal.com/alpscripts/get-content.aspx 15/17 <br /> G. The availability of alternative locations not subject to flooding for the proposed use. <br /> H. The compatibility of the proposed use with existing development and development anticipated in <br />the foreseeable future. <br /> I. The relationship of the proposed use to the comprehensive plan and flood plain management <br />program for the area. <br /> J. The safety of access to the property in times of flood for ordinary and emergency vehicles. <br /> K. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters <br />expected at the site. <br /> L. Any other factors which shall be relevant to the purposes of this Section. <br /> Subd. 11 Time for Acting on Application. The City Council shall act on an application in the manner <br />described above in accordance with Section 1355. <br /> Subd. 12 Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed <br />above and the purpose of this Section, the City Council shall attach such conditions to the granting of <br />Conditional Use Permits as it deems necessary to fulfill the purposes of this Section. The conditions may <br />include, but shall not be limited to, the following: <br /> A. Modifications of waste treatment and water supply facilities. <br /> B. Limitations on period of use, occupancy, and operation. <br /> C. Imposition of operational controls, sureties, and deed restrictions. <br /> D. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and <br />other protective measures. <br /> E. Flood proofing measures, in accordance with the State Building Code and this Section. The <br />applicant shall submit a plan or document certified by a registered professional engineer or architect that <br />the flood proofing measures are consistent with the Regulatory Flood Protection Elevation and associated <br />flood factors for the particular area. <br />1335.35 Non-Conforming Uses. <br /> A structure or the use of a structure or premises which was lawful before the passage or amendment of <br />this Code but which shall not be in conformity with the provisions of this Section shall be subject to the <br />following. Historic structures, as defined in Section 1305.04, Subd. 182, shall be subject to the provisions <br />of Subds. 1 thru 5 of this Section <br /> Subd. 1 No such use shall be expanded, changed, enlarged, or altered in a way that increases its <br />nonconformity. <br /> Subd. 2 Any structural alteration or addition to a nonconforming structure or nonconforming use which <br />would result in increasing the flood damage potential of that structure or use shall be protected to the <br />Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing <br />techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except <br />as further restricted in Subd 3 and Subd 5 below. <br /> Subd. 3 The cost of all structural alterations or additions to any nonconforming structure over the life of <br />the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this <br />Section are satisfied. The cost of all structural alterations and additions must include all costs such as <br />construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous <br />and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the <br />Dr <br />a <br />f <br />t <br /> <br />11 <br />/ <br />2 <br />0 <br />/ <br />2 <br />0 <br />1 <br />7