03-24-1997 Council Packet - Laserfiche WebLink

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S 10.55 Subd. 26. Non-conforming Uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Section but which is not in conformity with the provisions of this Section may be continued subject to the following conditions: A. No such use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity. B. No structural alteration or addition to any non- conforming structure over the life of the structure shall exceed 50 percent of its value at the time of its becoming a non-conforming use, unless the structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. C. Any alteration or addition to any non-conforming use which would result in substantially increasing its flood damage potential shall be protected in accordance with Subdivision 14, Subparagraph E of this Section. _ D. If such use is discontinued for twelve consecutive months, any future use of the building premises shall conform to this Section. The assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses which have been discontinued for a period of twelve months. E. If any non-conforming 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 Section. However, the City may issue a conditional use permit for reconstruction if the use is located outside the floodway and, upon the reconstruction, is adequately flood proofed, elevated or otherwise protected in conformity with this Section. F. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non-conforming uses. G. Except as provided in Subparagraph E above, any use which has been permitted as a conditional use shall not be considered as a non-conforming use. H. Non-conforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained in this Section within ^a reasonable period of time as determined by the City, after a hearing for each such non- conforming 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 non-conforming use, by reason of the limitation on establishment of competing businesses as a result of this Section, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this Section. ORONO CC 375 (4-1-84) \