2015-11-02 P & Z Packet - Laserfiche WebLink

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flows except as provided in 11.12 below. Expansion or enlargement of uses,structures or occupancies within the Floodway District is prohibited. 11.12 Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques(i.e., FP-1 thru FP-4 floodproofing classifications)allowable in the State Building Code, except as further restricted in 11.13 and 11.17 below. 11.13 If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure,then the entire structure must meet the standards of Section 4.0 or 5.0 of this ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. 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. 11.14 If any nonconforming use,or any use of a nonconforming structure, is discontinued for more than one year,any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. 11.15 If any nonconformity is substantially damaged,as defined in Section 2.938 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 4.0 or 5.0 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 11.16 If any nonconforming use or structure experiences a repetitive loss,as defined in Section 2.935 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. 11.17 Any substantial improvement, as defined in Section 2.939 of this ordinance,to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 4.0 or 5.0 of this ordinance for new structures,depending upon whether the structure is in the Floodway or Flood Fringe District. SECTION 12.0 PENALTIES AND ENFORCEMENT 12.1 Violation Constitutes a Misdemeanor:Violation of the provisions of this ordinance or failure to comply with any of its requirements(including violations of conditions and safeguards established in connection with grants of variances or conditional uses)constitute a misdemeanor and will be punishable as defined by law. 12.2 Other Lawful Action: Nothing in this ordinance restricts the City from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time,each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. 12.3 Enforcement: In responding to a suspected ordinance violation,the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions,after-the-fact permits,orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City must act in good faith to enforce these official controls and to correct August 2015 18