08-23-2004 Council Packet - Laserfiche WebLink

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Any alteration or addition to any nonconforming use which would result in substantially increasing its flood damage potential shall be protected in accordance with section 7*^-1176(5) If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to u.is article. The assessor shall notify the zoning administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months. If any nonconfonning use is destroyed by any means, including floods, to an extent of 50 percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this article. However, the city may issue a conditional use permit for reconstmetion if the use is located outside the floodway and, upon the reconstruction, is adequately floodproofed, elevated or otherwise protected in conformity with this article. (6) Uses or adjuncts which are or become nuisances shall not be entitled to continue as nonconfoiming uses. Except as provided in subsection (5) of this section, any use which has been permitted as a conditional use shall not be considered as a nonconfonning use. (8) Nonconfonning uses located in the floodway district shall be eliminated or brought into confomiity with the standards contained in this article within a reasonable period of time as determined by the city, after a hearing for each such nonconfomiing use. The council shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such nonconfomiing use, by reason of the limitation on establishment of competing businesses as a result of this article, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this article. (Code 1984, § 10.55(26)) Sec. 78-1145. Amendments. The floodplain designation on the official maps shall not be removed from floodplain areas unless it can be shown that the designation is in error and that the area is at or above the elevation of the regional flood and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the commissioner of natural resources if he determines that, throu^ other measures, lands are adequately protected for the intended use. All amendments to this article, including amendments to the official maps, must be submitted to and approved by the commissioner of natural resources prior to adoption. Changes in the official maps also require prior approval by y