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Penalties for Violation Chapter 909 Floodplain Overlay District <br /> Page 909-17 <br />h. The compatibility of the proposed use with existing development and <br />development anticipated in the foreseeable future. <br />i. The relationship of the proposed use to the comprehensive plan and flood plain <br />management program for the area. <br />j. The safety of access to the property in times of flood for ordinary and emergency <br />vehicles. <br />k. The expected heights, velocity, duration, rate of rise, and sediment transport of <br />the flood waters expected at the site. <br />3. Such other factors which are relevant to the purposes of this Ordinance. <br />4. Conditions Attached to Conditional Use Permits. In granting a conditional use permit <br />in one of the flood districts, the Council may prescribe appropriate conditions and <br />safeguards as it deems necessary to fulfill the purposes of this Ordinance. Violations of <br />such conditions and safeguards, when made a par to the terms under which the variance <br />is granted, shall be deemed a violation of this Ordinance punishable under Section <br />916.120. Such conditions may include, but are not limited to, the following: <br />a. Modification of waste treatment and water supply facilities. <br />b. Limitations on period of use, occupancy, and operation. <br />c. Imposition of operational controls, sureties, and deed restrictions. <br />d. Requirements for construction of channel modifications, compensatory storage, <br />dikes, levees, and other protective measures. <br />e. Flood proofing measures, in accordance with the State Building Code of this <br />Ordinance. The applicant shall submit a plan or document certified by a <br />registered professional engineer or architect that the flood proofing measures <br />are consistent with the regulatory flood protection elevation and associated <br />flood factors for the particular area. <br /> <br />909.110. Non-Conforming Uses <br />A structure or the use of a structure or premises which was lawful before the passage or <br />amendment of this Ordinance but which is not in conformity with the provisions of this <br />Ordinance may be continued subject to the following conditions. Historic structures, as defined <br />in Section 916.020.H21b of this Ordinance, shall be subject to the provisions of Sections <br />916.110.A1 - A5 of this Ordinance. <br />A. No such use shall be expanded, changed, enlarged, or altered in a way that increases its <br />nonconformity. <br />B. Any structural alteration or addition to a nonconforming structure or nonconforming use <br />which would result in increasing the flood damage potential of that structure or use shall be <br />protected to the Regulatory Flood Protection Elevation in accordance with any of the <br />elevation on fill or flood proofing techniques (i.e., FP-1 thru FP-4 flood proofing <br />classifications) allowable in the State Building Code, except as further restricted in Section <br />916.110.C and F below. <br />C. RESERVED. <br />D. If any nonconforming use is discontinued for l2 consecutive months, any future use of the <br />building premises shall conform to this Ordinance. The Assessor shall notify the Zoning