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08-16-2004 Planning Packet
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08-16-2004 Planning Packet
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(4) Increase the financial burdens imposed on the community through <br />increased floods and overflow of water onto land areas within the city or <br />onto land areas adjacent to Minnehaha Creek. <br />(5) Be not in keeping with land use plans and planning objection- for the city <br />or \^hich will increase or cause danger to life or property. <br />(6) Be inconsistent with the objectives of encouraging land uses compatible <br />with the preserv ation of the natural land forms, vegetation and the marshes <br />and wetlands. <br />(7) Include development of land and water areas essential to continue the <br />temporary withholding of rapid runoff of surface water w hich contributes <br />to dow'nstream flooding or water pollution or for land and water areas <br />w hich provide groundwater infiltration w hich diminishes the land area <br />necessary to caay increased flows or stomiwater following periods of <br />heavy precipitation. <br />(c) Notice of all applications for variances to this article shall be sent to the <br />commissioner of natural resources in the same manner as notices of conditional use <br />pemiit applications. <br />^d) Applications for variances to this article shall be reviewed according to <br />engineering conditions and rcle\ ant factors in the same manner as pros ided for <br />conditional use permit applications; and in granting a variance, the city may prescribe <br />.ippropnate conditions and safeguards w hich are in conformity with the purposes of this <br />article. Violations of such conditions and safeguards, when made a pan of the terms <br />under w hich the variance is granted, shall be deemed a violation of this anicle. <br />punishable as provided in this chapter. <br />(Code 1984.5 10.55(25)) <br />Sec. 79-1144. Nonconforming uses. <br />A structure or the use of a structure or premises w hich w as law ful before January <br />1 1, 1979. or before amendment of this aniclc but w hich is not in confomiity w ith the <br />provisions of this article may be commued subject to the follow ing conditions: <br />(1 ) No such use shall be expanded, changed, enlarged or altered in a way <br />which increases its nonconformity. <br />(2) No structural alteration or addition to any nonconfonning structure over <br />the life of the structure shall exceed 50 percent of its value at ilic lime of <br />its becoming a nonconforming use unless the structure is permanently <br />changed to a conforming use or unless the alteration or addition w ould <br />substantially reduce potential flood damages for the entire structure.
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