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<br />page fourteen - FLOOD PLAIN MANAG~M~NT ORDINANC~ <br /> <br />SECTION 11.0 NONCONFORMING US~S <br /> <br />11.1 A structure or the use of a structure or premises which was <br />lawful before the passage or amendment of this Ordinance but which <br />is not in conformity with the provisions of this Ordinance may <br />be continued subject to the following conditions: <br /> <br />11.11 No such use shall be expanded, changed, enlarged, or <br />altered in a way which increases its nonconformity. <br /> <br />11.12 No structural alteration or addition to any nonconforming <br />structure over the life of the structure shall exceed 50 percent <br />of its assessed value at the time of its becoming a nonconforming <br />use, unless the entire structure is permanently changed to a <br />conforming use or unless the alteration or addition would <br />substantially reduce potential flood damages for the entire <br />structure. <br /> <br />11.13 Any alteration or addition to a nonconforming use which <br />would result in substantially increasing the flood damage potential <br />of that use shall be flood-proofed in accordance with the State <br />Building Code. <br /> <br />11.14 If any nonconforming use is discontinued for 12 consecutive <br />months, any future use of the building premises shall conform <br />to this Ordinance. The assessor shall notify the Zoning Admin- <br />istrator in writing of instances of nonconforming uses which <br />have been discontinued for a period of 12 months. <br /> <br />11.15 If any nonconforming use is destroyed by any means, <br />including floods, to an extent of 50 percent or more of its <br />assessed value, it shall not be reconstructed except in conformity <br />with the provisions of this Ordinance. However, the City Council <br />may issue a Conditional Use Permit for reconstruction if the use <br />is located outside the floodway and, upon reconstruction, is <br />adequately flood-proofed elevated, or otherwise protected in <br />conformity with Section 10.47. <br /> <br />11.16 Uses or adjuncts thereof which are or become nuisances <br />shall not be entitled to continue as nonconforming uses. <br /> <br />SECTION 12.0 P~NALTI~S FOR VIOLATION <br /> <br />Violation of the provisions of this Ordinance or failure to comply <br />with any of its requirements (including violations of conditions <br />and safeguards established in connection with grants of Variances <br />or Conditional Uses) shall constitute a misdemeanor. Any person <br />who violates this Ordinance or fails to comply with any of its <br />requirements shall upon conviction thereof be fined not more than <br />$500 or imprisoned for not more than 90 days, or both, and in <br />addition shall pay all costs and expenses involved in the case. <br />Each day such violation continues shall be considered a separate <br />offense. <br /> <br />Nothing herein contained shall prevent the City Council from taking <br />such other lawful action as is necessary to prevent or remedy any <br />violation. <br />