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Ordinance 2010-008 C. Imposition of operational controls, sureties, and deed restrictions. D. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. E. Flood proofing measures, in accordance with the State Building Code and this Section. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. 1335.35 Non -Conforming Uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Code but which shall not be in conformity with the provisions of this Section shall be subject to the following. Historic structures, as defined in Section 1305.04, Subd. 182, shall be subject to the provisions of Subds. 1 thru 5 of this Section Subd. 1 No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. Subd.2 Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-1 thru FP-4 floodproof ng classif cations) allowable in the State Building Code, except as further restricted in Subd 3 and Subd 5 below. Subd. 3 The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the standards of Sections 1335.25 and 1335.26 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. Subd. 4 If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Ordinance. The Assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. Subd. 5 If any nonconforming use or structure is substantially damaged, as defined in this Ordinance, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Sections 13 3 5.2 5, 1335.267 and 1335.27 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively.