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1 (e) Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant <br /> 2 must submit a plan or document certified by a registered professional engineer or architect that the <br /> 3 floodproofing measures are consistent with the regulatory flood protection elevation and associated <br /> 4 flood factors for the particular area. <br /> 5 (4) Submittal of Hearing Notices to the Department of Natural Resources(DNR�. The city administrator or <br /> 6 designee must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to <br /> 7 provide at least ten days'notice of the hearing.The notice may be sent by electronic mail or U.S. Mail to <br /> 8 the respective DNR area hydrologist. <br /> 9 (5) Submittal of Final Decisions to the DNR.A copy of all decisions granting conditional uses must be <br /> 10 forwarded to the DNR within ten days of such action.The notice may be sent by electronic mail or U.S. Mail <br /> 11 to the respective DNR area hydrologist. <br /> 12 SECTION 11.0 NONCONFORMITIES <br /> 13 78-1149 Continuance of Nonconformities:A use,structure,or occupancy of land which was lawful before the passage <br /> 14 or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be <br /> 15 continued subject to the following conditions. Historic structures,as defined in Section 78-1111 of this ordinance, <br /> 16 are subject to the provisions of paragraphs(1)—(6)of this section. <br /> 17 (1) A nonconforming use, structure,or occupancy must not be expanded,changed,enlarged,or altered in a <br /> 18 way that increases its flood damage potential or degree of obstruction to flood flows except as provided in <br /> 19 SAection 78-1149(12) below. Expansion or enlargement of uses, structures or occupancies within the <br /> 20 Fioodway District is prohibited. <br /> 21 (2) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result <br /> 22 in increasing its flood damage potential must be protected to the regulatory flood protection elevation in <br /> 23 accordance with any of the elevation on fill or floodproofing techniques(i.e., FP1 thru FP4 floodproofing <br /> 24 classifications)allowable in the State Building Code,except as further restricted in (3)and(7) below. <br /> 25 (3) If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of <br /> 26 any nonconforming structure,that shall be considered substantial improvement,and the entire structure <br /> 27 must meet the standards of Section 4.0 or 5.0 of this ordinance for new structures,depending upon <br /> 28 whether the structure is in the Floodway or Flood Fringe District, respectively.The cost of all structural <br /> 29 alterations and additions must include all costs such as construction materials and a reasonable cost placed <br /> 30 on all manpower or labor. <br /> 31 (4) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one <br /> 32 year,any future use of the premises must conform to this ordinance.The Assessor must notify the City <br /> 33 Administrator in writing of instances of nonconformities that have been discontinued for a period of more <br /> 34 than one year. <br /> 35 (5) If any nonconformity is substantially damaged,as defined in Section 78-1111 of this ordinance, it may not <br /> 36 be reconstructed except in conformity with the provisions of this ordinance.The applicable provisions for <br /> 37 establishing new uses or new structures in Sections 4.0 or 5.0 will apply depending upon whether the use <br /> 38 or structure is in the Floodway or Flood Fringe, respectively. <br /> 39 (6) If any nonconforming use or structure experiences a repetitive loss,as defined in 78-1111 of this <br /> 40 ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. <br /> 41 (7)Any substantial improvement,as defined in Section 78-1111 of this ordinance,to a nonconforming structure <br /> 42 requires that the existing structure and any additions must meet the requirements of Section 4.0 or 5.0 of <br /> 43 this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood <br /> 44 Fringe District. <br /> 45 SECTION 12.0 PENALTIES AND ENfORCEMENT <br /> Flood Plain Ordinance <br /> Page 16 <br />