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2015-11-12 CC Packet
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2015-11-12 CC Packet
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permits as it deems necessary to fulfill the proposes of this chapter. These conditions may include but <br /> are not limited to the following: <br /> (1) Modification of waste treatment and water supply facilities; <br /> (2) Limitations on period of use,occupancy and operation; <br /> (3) Imposition of operational controls,sureties and deed restrictions; <br /> (4) Requirements for construction of channel modifications,compensatory storage,dikes,levees and <br /> other protective measures;and <br /> (5) Flood-proofing measures, in accordance with the Minnesota Building Code and this chapter. <br /> The applicant shall submit a plan or document certified by a registered professional engineer or <br /> architect that the flood-proofing measures are consistent with the regulatory flood protection <br /> elevation and associated flood factors for the particular area. <br /> Ord. H334 adopted 09/12/1989 <br /> § 155.58 NONCONFORMING USES AND NONCONFORMING STRUCTURES. <br /> (A)A structure or the use of a structure or premises which was lawful before the passage or amendment of <br /> this chapter but which is not in conformity with the provisions of this chapter may be continued subject <br /> to the following conditions: <br /> (1) No use shall be expanded, changed, enlarged or altered in a way which increases its <br /> nonconformity; <br /> (2) Any alteration or addition to a nonconforming structure or nonconforming use which would <br /> result in increasing the flood damage potential of that structure or use shall be protected to the <br /> regulatory flood protection elevation in accordance with any of the elevation, fill or flood- <br /> proofing techniques(such as FP-1 through FP4 flood-proofing classifications)allowable in the <br /> Minnesota Building Code, except as further restricted this section; and <br /> (3) The cost of any structural alterations or additions to any nonconforming structure over the life of <br /> the structure shall not exceed 50 percent of the market value of the structure unless the <br /> conditions of this section are satisfied. The cost of all structural alterations and additions <br /> constructed since the adoption of the community's initial floodplain controls must be calculated <br /> into today's current cost which will include all costs such as construction materials and a <br /> reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed <br /> alterations and additions exceeds 50 percent of the current market value of the structure,then the <br /> structure must meet the standards of this chapter for new structures,depending upon whether the <br /> structure is in the Floodway or Flood Fringe District,respectively. <br /> 315 1 Page <br /> 81 <br />
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