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$ 10.ssSubd. 26. Hon-confotmlng Uses. A stcuctur. or the use or a structure or ptealses which was lawtul before the passage or aaendaent of this Section but which Is not In ‘Jl*provisions of this Section aay be continued subject to the <br />following conditions: <br />Ae No such uss shsll be sxpsnded, changed* enlarged <br />or altered in a way which increases Its non-conformity. <br />Be No structural alteration or addition to any non­ <br />conforming structure over the life of the structure shall exceed 50 <br />percent of its value at the time of its becoming a non-conforming <br />use# unless the structure is permanently changed to a conforming <br />use or unless the slterstlon or addition would substantially reduce <br />potential flood damages for the entire structure. <br />C. Any alteration or addition to an/ non-ccnfotmlng <br />uaa which would result In aubstantlally increasing Us flood damv^e <br />potential shall be protected In accordance with Subdlvlsici? <br />Subparagraph B of this Section. - <br />0. If such use is discontinued for twelve <br />consecutive months, any future use of the <br />conform to this Section. The assessor shall notify the Zoning <br />Administrator in writing of instances of ron-conforraing uses which <br />have been discontinued for a period of twelve months. <br />E. If any non-conforming use Is destroyed by any <br />means. Including floods, to an extent of 50'percent or more of Us <br />assessed value, it shall not be reconstructed except In confotrait <br />with the provisions of this Section. However, the City may Issue a <br />conditional use permit for reconstruction if the use Is located <br />outside the floodsly and, upon the reconstruction, is adequately <br />flood proofed, elevated or otherwise protected In conformity witn <br />this Section. <br />F. Uses or adjuncts thereof which are or become <br />nuisances shall not be entitled to continue as no* .Vrmlng uses. <br />G. Except as provided in Subpam* iph E above, any <br />use which has bc»n permitted as a condition^ ise shall not be <br />considered as a non-conforming use. <br />H. Non-conforming uses located in the Floodway <br />District shall be eliminated or brought into conformity with the <br />standards contained In this Section within a reasonable period of <br />time as determined by the City, after a hearing for each such non­ <br />conforming use. The Council shall make its determination upon the <br />basis of the normal useful life of any improvement upon the <br />premises. In addition, the monetary value of any competitive <br />advantage derived by the operation of such non-conforming use, by <br />reason of the limitation on establishment of competing businesses <br />•r .v. 1..-.r\ «... 4-j S 10.SSr^/seV^Vs^ilJing^froVVhr r ot the useurdar this Section.Sub<J. 27. AB.nd«.nt«. Th. flood pl.In d.,lgi.«tl»> »n th. official Baps shall not b. tsBov.d froB flood plain ar.iW unl.ss It can ba shown that ths dssignatlon is In <br />th. sr*. Is at or .«bowa the. .Isvatlon of ths rsglonal flood and is <br />contiguous to lanJs outsld. th. flood plain. Spocial asc.ptlons to <br />this Ll. Bay b. parmltted by th. CoBBisslon.r of Natural «.*ou,rc.s <br />if h. d.tormlnes that, through oth.r iMaaur.a, ^•"'** *^* <br />protected for the Intended use. All aB.nda.nts <br />including amendBents to the of',.dal Baps Bust be subaitted to end <br />approved by the CobbIs.Iom? of Matutel Resources prior to <br />adoption. Changes in the offlf ,ii sape alao requlr. prior approval <br />by the Federal Insurance Adjalnletratlcn. <br />Sub^. 28. Interpretation. In thalr Intarpretation and <br />appllcatic^, the provisions of this S.ctlon shell b*/•J'* “♦ <br />BldauB requireaents end shall be liberally construed <br />the City end shall nf ? be deeaed a ^^-i^tion or repeal of any <br />other powers granted oy State Statutes. Th. boundsri.s of t^ <br />Flood Plain Olsttrcts shall b« dstsnjlned by "“lin? <br />the official maps. Whers Interpretation is na^trtl as Vff? <br />location of the boundaries of the district ss shawn 9" <br />Baps, as for axaaple whore there eppeers to bo vconf llct b.• <br />B.pp.d boundary and actual fi.ld conditions, th. City - <br />shall Bake the necessary Intorpretetion baecd on 5!’? <br />regional (lOO-yser) flood prcftlo. The person contesting th <br />location of the district boundary shall be given a r.ss«>nabl. <br />opportunity to present hie case to the City end to subBlt .c <br />evidence if he so dosires. <br />Subd. 29. Abrogation and Graatar Rastrictlona. <br />not intended by this Section to repeal, Abrogate <br />existing ordinance, regulation, aaaement. coyananta <br />restrictions. However, where this Section impoaaa grfA-tr <br />restrictions, the provlalona of this Section shall prevail. <br />Subd, 30. Warning and Disclaimer of <br />Section does not imply that areas outside the <br />or land uses permitted within such districts will bo f , <br />flooding or flood damages. This Section shall not craata llaci. icy <br />on tha part of the City or any officer or employee thereof for any <br />flood damages that result from reliance on this Section ot any <br />administrative decision lawfully made thereunder. <br />Sources Ordinance No. 213 <br />Effectiva Date: 1-11-79 <br />I <br />ORONO CC (4-1-84) <br />ORONO CC (4-1-B4)