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

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Ordinance Language Commentary for the particular area. 10.44 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The(designated body/community official)must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days'notice of the hearing.The notice may be sent by electronic mail or U.S.Mail to the respective DNR area hydrologist. 10.45 Submittal of Final Decisions to the DNR.A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action.The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. SECTION 11.0 NONCONFORMITIES 11.1 Continuance of Nonconformities:A use,structure,or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures,as defined in Section 2.939(b)of this ordinance,are subject to the provisions of Sections 11.11-11.16 of this ordinance. 11.11 A nonconforming use,structure,or occupancy must not be expanded, Buildings and structures within the Floodwav changed,enlarged,or altered in a way that increases its flood damage District may not be enlarged or expanded. In potential or degree of obstruction to flood flows except as provided in some cases,a floodway area can be filled 11.12 below. Expansion or enlargement of uses,structures or without causing any rise in flood stage.In occupancies within the Floodway District is prohibited. such cases,a Letter of Map Revision may be 11.12 Any addition or structural alteration to a nonconforming structure or obtained that changes the floodway nonconforming use that would result in increasing its flood damage boundary,placing the area in the Flood potential must be protected to the regulatory flood protection Fringe. Contact Floodplain Program staff for elevation in accordance with any of the elevation on fill or details. 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 Section 11.13 is optional but recommended, exceeds 50 percent of the market value of any nonconforming in order to gradually eliminate structure,then the entire structure must meet the standards of nonconformities overtime. Note that Section Section 4.0 or 5.0 of this ordinance for new structures depending upon 11.17 refers to "substantial improvement," whether the structure is in the Floodway or Flood Fringe District, which is tracked over a one-year period. 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 Section 11.14 reflects an optional provision in discontinued for more than one year,any future use of the premises statute(462.357.1e(1)and 394.36)—local must conform to this ordinance. The Assessor must notify the Zoning government may impose reasonable Administrator in writing of instances of nonconformities that have conditions on the nonconforming use or been discontinued for a period of more than one year. structure. Many communities have adopted 11.15 If any nonconformity is substantially damaged,as defined in Section similar provisions in their zoning ordinances. 2.938 of this ordinance,it may not be reconstructed except in Section 11.15 is specific to floodplain uses in conformity with the provisions of this ordinance. The applicable state and federal statute,as distinct from the provisions for establishing new uses or new structures in Sections 4.0 standard provisions for nonconformities in or 5.0 will apply depending upon whether the use or structure is in the the Chapters 394 and 462. July 2015 20