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CCP 07-30-2001
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CCP 07-30-2001
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<br />e <br /> <br />Subd. 4. Discontinued Use. If any nonconforming use is discontinued for twelve (12) <br />consecutive months, any future use of the building premises shall comply with this <br />Chapter. The assessor shall notifY the City Administrator in writing of instances of <br />nonconforming uses which have been discontinued for a period of twelve (12) months. <br /> <br />Subd. 5. Destruction. If any nonconforming use or structure is destroyed by any means, <br />including floods, to an extent of 50 percent or more of its market value at the time of <br />destruction, it shall not be reconstructed except in conformity with the provisions of this <br />Chapter. The applicable provisions for establishing new uses or new structures in <br />Subsections 1310.03, 1310.04 and 1310.05 shall apply depending upon whether the use <br />or structure is in the Floodway, Flood Fringe or General Flood Plain District, <br />respectively. <br /> <br />9.5-66 Desi!mation Removal. The flood plain designation of the Official Zoning Map shall not <br />be removed from flood plain areas unless it can be shown that the designation is in error <br />or that the area has been filled to or above the elevation of the regional flood and is <br />contiguous to lands outside the flood plain. Special exceptions to this rule may be <br />permitted by the Commissioner of Natural Resources if he or she determines that, <br />through other measures, lands are adequately protected for the intended use. <br /> <br />e <br /> <br />9.5-67 Al!encv Approval. All amendments to this Chapter, including amendments to the <br />Official Zoning Map, shall be submitted to and approved by the Commissioner of Natural <br />Resources prior to adoption. Changes in the Official Zoning Map shall meet the Federal <br />Emergency Management Agency's (FEMA) Technical Conditions and Criteria and shall <br />receive prior FEMA approval before adoption. The Commissioner of Natural Resources <br />shall be given ten (10) days written notice of all hearings to consider an amendment to <br />this Chapter and the notice shall include a draft of the Chapter amendment or technical <br />study under consideration. <br /> <br />9.5-72 Enforcement and Penalties for Violation <br /> <br />Subd. 1. Misdemeanor. Violation of the provisions of this Chapter or failure to comply <br />with any of its requirements (including violations of conditions and safeguards <br />established in connection with grants of Variances or Special Uses) shall constitute a <br />misdemeanor and shall be punishable as defined by law. <br /> <br />Subd. 2. Other Remedies. Nothing contained in this Chapter shall prevent the City from <br />taking any other lawful action as is necessary to prevent or remedy any violation. Such <br />actions may include but shall not be limited to: <br /> <br />A. <br /> <br />In responding to a suspected ordinance violation, the City Administrator <br />and City Council may utilize the full array of enforcement actions <br />available to it, including but not limited to, prosecution and fines, <br />injunctions, after-the-fact permits, orders for corrective measures or a <br />request to the National Flood Insurance Program for denial of flood <br />insurance availability to the guilty party. The City shall act in good faith to <br />enforce these official controls and to correct ordinance violations to the <br />extent possible so as not to jeopardize its eligibility in the National Flood <br />Insurance Program. <br /> <br />e <br /> <br />9.5 - 21 <br />
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