04/06/2009 Council Packet - Laserfiche WebLink

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• t • Flood Plain Management (4) Nonconforming uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of the section but which is not in conformity with the provisions of this section may be continued subject to the following conditions. (a) No use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity. (b) No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed 50% of its assessed value at the time of its becoming a nonconforming use, unless the entire structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. (c) Any alteration or addition to a nonconforming use which would result in substantially increasing the flood damage potential of that use shall be accomplished in accordance with § 1103.07. (d) If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months. (Ord. 12 -95, passed 7 -25 -1995) § 1103.07 STANDARDS FOR FLOOD PLAIN OVERLAY DISTRICT USES. (1) All uses. (a) No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment or other uses may be allowed as a conditional use which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affects the capacity of the flood plain or increases flood heights subject to the provisions of § 1103.06(2)(c). (b) All conditional uses shall be subject to the standards contained in § 1103.06(2) and the following standards in (2) and (8) below. (2) Principal use. (a) Residential use. 1. Principle and accessory residential structures shall be constructed on fill with the lowest floor (including basement) at or above the regulatory flood protection elevation. The finished fill elevation shall be no more than 1 foot below the regulatory flood protection elevation for the particular area and shall extend at the elevation at least 15 feet beyond the limits of any structure or building erected thereon.