08-23-2004 Council Packet - Laserfiche WebLink

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No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. Any structural 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 on fill or flood proofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in (3) and (6) below. 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 arc satisfied. The cost of all structural alterations and additions constructed since the adoption of the Community's initial flood plain 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 tnarket value of the structure, then the structure must meet the standards of Division 4 or 5 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If any nonconforming use is discontinued for 12 consecutive montlis, any future use of the building premises shall conform to this Ordinance. The Assessor shall notify the Planning Director in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. If any nonconforming use or structure is substantially damaged, as defined in Section 78- 1 11 l(u)(2I) of this Ordinance, it shall not be reconstructed except in conformity w ith the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Divisions 4, 5 or 6 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. If a substantial improvement occurs, as defined in Section 78-111 l(a)(22) of this Ordinance, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by Section 78-1136(2) above) and the existing nonconforming building must meet the requirements of Divisions 4 or 5 of this Ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe Distnct, respectively. DIVISION 12. PENALTIES FOR VIOLATION Sec. 78-1137 Violations Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall con.stitute a misdemeanor and shall be punishable as defined by law. Sec. 78-1138 Authoritv/Enforcement .Actions 3 DisiricI-/ Map. 1/1/2004 retuiilii 21- A -jm