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#218 Flood Plain Management
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#218 Flood Plain Management
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6/10/2008 5:39:12 PM
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5/20/2008 12:22:15 PM
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<br /> . 4 } <br /> . • , • <br /> <br /> <br /> <br /> SECTION X NONCONFORMING USES <br /> <br /> A structure or the use of a structure or premises which was lawful <br /> before the passage or amendment of this Ordinance but which is not <br /> in conformity with the provisions of this Ordinance may be continued <br /> subject to the follawing conditions: <br /> 1. No such use shall be expanded, changed, enlarged, or altered in a <br /> way which increases its nonconformity. <br /> <br /> 2. No structural alteration or addition to any nonconforming structure <br /> over the life of the structure shall exceed 50 percent of its assessed <br /> value at the time of its becoming a nonconforming use, unless the <br /> entire structure is permanently changed to a conforming use or unless <br /> the alteration or addition would substantially reduce potential flood <br /> damages for the entire structure. <br /> 3. Any alteration or addition to a nonconforming structure or use which <br /> would result in substantially increasing the flood damage potential <br /> of that use shall require that the structure or use shall be flood- <br /> proofed in accordance with the State Building Code. . <br /> 4. If any nonconforming use is discontinued or abandoned or a nonconform- <br /> ing st~ucture is left unoccupied for 12 consecutive months, any future <br /> use of the building premises shall conform ta this Ordinance. The <br /> Building Inspector shall notify the Administrator in writing of in- <br /> stances of nonconforming uses which have been discontinued for a <br /> period of 12 months. <br /> 5. If any nonconforming use is destroyed by any means, including floods, <br /> to an extent of 50 percent or more of its assessed value, it shall <br /> not be reconstructed except in conformity with the provisions of <br /> this Ordinance. However, the City Council may issue a Special Use <br /> Permit for reconstruction if the use is located outside the floodway <br /> and, upon reconstruction, is adequately flood-proofed, elevated, or <br /> otherwise protected in conformity with the provisions of this <br /> Ordinance. <br /> 6. Nonconforming uses located in the Floodway District shall be <br /> eliminated or brought into conformity with the standards contained <br /> in this Ordinance within a reasonable period of time as determined <br /> by the City Council, after a hearing for each such nonconforming <br /> use. The City Council shall make its determination upon the basis of <br /> the normal useful life of any improvement upon the premises. In <br /> addition, the monetary value of any competitive advantage derived <br /> by the operation of such nonconforming use, by reason of the limita- <br /> tion on establishment of competing businesses as a result of this <br /> Ordinance, shall be considered as a reduction of losses resulting <br /> from the requirement of termination of the use under this Ordinance. <br /> SECTION XI AMENDMENTS The flood plain designation on the Official Zoning Map shall not be <br /> removed from flood plain areas unless it can be shown that the designa- <br /> <br /> <br /> <br /> 12 <br />
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