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P & Z - 12-06-05
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P & Z - 12-06-05
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5/9/2006 1:57:13 PM
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12/2/2005 3:10:38 PM
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<br />(3) The cost of any structural alterations or additions to any nonconforming <br />structure over the life of the structure shall not exceed 50% of the market value of the <br />structure unless the conditions of this section are satisfied. The cost of all structural <br />alterations and additions constructed since the adoption of the community's initial <br />floodplain controls must be calculated into today's current cost which will include all <br />costs such as conStruction materials and a reasonable cost placed on an manpower or <br />labor. If the current cost of all previous and proposed alterations and additions exceeds <br />50% of the current market value of the structure, then the structure must meet the <br />standards of this chapter for new structures, depending upon whether the stnicture is in <br />the Floodway or Flood Fringe District, respectively. <br /> <br />(B) If any nonconforming use is discontinued for 12 consecutive months, any future <br />use of the building premises shall conform to this chapter. The assessor shall notify the <br />Zoning Administrator in writing of instances of nonconforming uses which have been <br />discontiriued for a period of 12 months. <br /> <br />(C) If any nonconforming use or structure is destroyed by any means, including <br />floods, to an extent of 50% or more of its market value at the time of destruction, it shall <br />not be reconstructed except in conformity with the provisions of this chapter. The <br />applicable provisions for establishing new uses or new structures contained in this <br />chapter will apply depending upon whether the use or structure is in the Floodway or <br />Flood Fringe District, respectively. <br />(Ord. 33-A, passed 4-12-1989) <br /> <br />* 155.59 AMENDMENTS. <br /> <br />(A) The floodplain designation on the official zoning map shall not be removed from <br />floodplain areas unless it can be shown that the designation is in error or that the area has <br />been filled to or above the elevation of the regional flood and is contiguous to lands <br />outside the floodplain. Special exceptions to this rule may be permitted by the <br />Commissioner of Natural Resources ifhe or she determines that, through other measures, <br />lands are adequately protected for the intended use. <br /> <br />(B) All amendments to this chapter, including amendments to the official zoning <br />map, must be submitted to and approved by the Commissioner of Natural Resources prior <br />to adoption. Changes in the official zoning map must meet the Federal Emergency <br />Management Agency's technical conditions and criteria and must receive prior FEMA <br />approval before adoption. The Commissioner of Natural Resources must be given 10 <br />days' written notice of all hearings to consider an amendment to this chapter and the <br />notice shall include a draft of the ordinance amendment or technical study under <br />consideration. <br />(Ord. 33-A, pas~d 4-12-1989) <br /> <br />* 155.99 ~ENALTY. <br /> <br />20 <br />
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