07-18-2016 Planning Commission Packet

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k. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. I. Such other factors which are relevant to the purposes of this article. (5) Time for acting on application.The city council shall act on an application in the manner described above within 60 days from receiving the application, except that where additional information is required pursuant to section 78-1135(3) of this article. The city council shall render a written decision within 60 days from the receipt of such additional information. (6) Conditions attached to conditiona/ use permits. Upon consideration of the factors listed above and the purpose of this article, the city council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this article. Such conditions may include, but are not timited to, the following: a. Modificatio� of waste treatment and water supply facilities. b. Limitations on period of use, occupancy, and operation. c. Imposition of operational controls, sureties, and deed restrictions. d. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. e. Flood proofing measures, in accordance with the State Building Code and this article. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. DIVISION 11.-NONCONFORMING USES Sec.78-1136. -Nonconforming uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of this article but which is not in conformity with the provisions of this article may be continued subject to the following conditions. Historic structures, as defined in section 78-1111(a)(22)(b)of this article, shall be subject to the provisions of sections 78-1136(1)--(5)of this article. (1) No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. (2) Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in (3)and (6) below. (3) The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial flood plain controls must be calculated into today's current cost which wili include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure,then the structure must meet the standards of division 4 or 5 of this article for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively. (4) If any nonconforming use is discontinued for 12 consecutive months,any future use of the building premises shall conform to this article. The assessor shall notify the planning director in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. Page 16