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08-16-2004 Planning Packet
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08-16-2004 Planning Packet
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1/26/2023 12:48:15 PM
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(!) No such use shall be expanded, changed, enlarged, or altered in a way increases iti <br />nonconformity. <br />(2) Any structural alteration or addition to a nonconforming structure or nonconforming use <br />which would result in increasing the flood damage potential of that structure or use shall be <br />protected to the Regulatory Flood Protection Elesutton in accordance with any of the <br />elcNTition on fill or flood proofing techniques (i c. FP-1 thru FP-4 f.oodproofing <br />classifications) allowable in the State Building Code, except as further restricted in (3) and <br />(6) below. <br />(3) The cost of any structural alterations or additions to any nonconforming structure over the <br />life of the structure shall not exceed 50 percent of the market value of the structure unless the <br />conditions of this Section are satisfied The cost of all structural alterations and additions <br />constructed since the adoption of the Community's initial flood plain controls must be <br />calculated into today's cunent cost which w ill include all costs such as construction materials <br />and a reasonable cost placed on all manpow er or labor. If the current cost of all previous and <br />proposed alterations and additions exceeds 50 percent of the current nurket value of the <br />structuie. then the structure must meet the standards of Division 4 or 5 of this Ordinance for <br />new structures depending upon whether the structure is in the Floodway or Flood Fringe <br />District, respectively. <br />(4) If any nonconforming use is diseontmucd for 12 consecutive months, any future use of the <br />building premises shall conform to this Ordinance The Assessor shall notify the Planning <br />Diicclor in writing of inslances of ncnconfomung uses that have been di.sct'nlinued for a <br />period of 12 months. <br />(5) If any nonconforming use or structure is substantially cumaged. as defined in Section “TS- <br />111 l(aH21) of this Ordinance, it shall not be reconstructed except in conformity w :th the <br />provisions of this Ordinance. The applicable provisions for establishing nexs uses or new <br />structures in Divisions 4, 5 or 6 ssill apply depending upon whetha the use or structuie is in <br />the Roodw ay. Flood Fnngc or General Flood Plain District, respectively <br />(0) If a substantial improvcmcni occurs, as defined in Section 78-111 l(aH22) of thi% Ordinance, <br />from any combination of a building addition to the outside dimensions of the existing <br />building or a rehabilitation, reconstruction, alteration, or other improvement to the ins-.dc <br />dimensions of an existing nonconforming building, then the building addition (as required b> <br />Section 78-1136(2) above) and the existing nonconforming building must meet the <br />requirements of Divisions 4 or S of this Ordinance for new structures, depending upon <br />whether the structure is in the Floodway or Flood Fringe Distnet. respectively. <br />DI\ ISION 12 PENALTIES FOR VIOLA HON <br />Sec. 78-1137 Violations <br />Violation of the provisions of this Ordinance or failure to comply w iih any of its requirements <br />(including violations of conditions and safeguards established in connection w ith grants of vananccs or <br />conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. <br />Sec. 78-1138 .4uthoritvT!nforccmeiil Actions <br />S DiVfiei’t Ucp ! I 26m -21-
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