2009-01-14 Handout of Chapter 150

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and the purpose of this chapter, the City Council shall attach any conditions to the granting of conditional use permits as it deems necessary to fulfill the proposes of this chapter. These conditions may include but are not limited to the following: (1) Modification of waste treatment and water supply facilities; (2) Limitations on period of use, occupancy and operation; (3) Imposition of operational controls, sureties and deed restrictions; (4) Requirements for construction of channel modifications, compensatory storage, dikes, levees and other protective measures; and (5) Flood-proofmg measures, in accordance with the Minnesota Building Code and this chapter. 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. (Ord. 33-A, passed 4-12-1989) J ~ 155.58 NONCONFORMING USES AND NONCONFORMING STRUCTURES. (A) A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions: (1) No use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity; (2) Any 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, fill or flood-proofing techniques (such as FP-l through FP-4 flood-proofing classifications) allowable in the Minnesota Building Code, except as further restricted this section; and (3) The cost of any 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 constructed since the adoption of the community's initial floodplain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. 157