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78-1149 Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful <br />before the passage or amendment of this ordinance but which is not in conformity with the <br />provisions of this ordinance may be continued subject to the following conditions. Historic <br />structures, as defined in Section 78-1111 of this ordinance, are subject to the provisions of <br />paragraphs (1) — (6) of this section. <br />(1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, <br />or altered in a way that increases its flood damage potential or degree of obstruction to <br />flood flows except as provided in Section 78-1149 (12) below. Expansion or enlargement <br />of uses, structures or occupancies within the Floodway District is prohibited. <br />(2) Any addition or structural alteration to a nonconforming structure or nonconforming use <br />that would result in increasing its flood damage potential must be protected to the <br />regulatory flood protection elevation in accordance with any of the elevation on fill or <br />floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the <br />State Building Code, except as further restricted in (3) and (7) below. <br />(3) If the cost of all previous and proposed alterations and additions exceeds 50 percent of <br />the market value of any nonconforming structure, that shall be considered substantial <br />improvement, and the entire structure must meet the standards of Division 4 or 5 of this <br />ordinance for new structures, depending upon whether the structure is in the Floodway <br />or Flood Fringe District, respectively. The cost of all structural alterations and additions <br />must include all costs such as construction materials and a reasonable cost placed on all <br />manpower or labor. <br />(4) If any nonconforming use, or any use of a nonconforming structure, is discontinued for <br />more than one year, any future use of the premises must conform to this ordinance. The <br />Assessor must notify the City Administrator in writing of instances of nonconformities that <br />have been discontinued for a period of more than one year. <br />(5) If any nonconformity is substantially damaged, as defined in Section 78-1111 of this <br />ordinance, it may not be reconstructed except in conformity with the provisions of this <br />ordinance. The applicable provisions for establishing new uses or new structures in <br />Divisions 4 or 5 will apply depending upon whether the use or structure is in the Floodway <br />or Flood Fringe, respectively. <br />(6) If any nonconforming use or structure experiences a repetitive loss, as defined in 78-1111 <br />of this ordinance, it must not be reconstructed except in conformity with the provisions of <br />this ordinance. <br />(7) Any substantial improvement, as defined in Section 78-1111 of this ordinance, to a <br />nonconforming structure requires that the existing structure and any additions must meet <br />the requirements of Division 4.0 or 5.0 of this ordinance for new structures, depending <br />upon whether the structure is in the Floodway or Flood Fringe District. <br />DIVISION 12.0 PENALTIES AND ENFORCEMENT <br />78-1150 Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or <br />failure to comply with any of its requirements (including violations of conditions and safeguards <br />established in connection with grants of variances or conditional uses) constitute a misdemeanor <br />and will be punishable as defined by law. <br />21 <br />