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11-23-2015 Council Packet
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11-23-2015 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
11/23/2015
Council Meeting Type
Regular
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(i) The relationship of the proposed use to the Comprehensive Land Use Plan and <br />flood plain 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 />§ 1103.12 NONCONFORMITIES. <br />(1) Continuance of nonconformities. A use, structure, or occupancy of land which <br />was lawful before the passage or amendment of this chapter but which is not in <br />conformity with the provisions of this section may be continued subject to the following <br />conditions. Historic structures, as identified in § 1103.03 of this chapter, are subject to <br />the provisions of § 1103.12 (1)(a) through (f) below. <br />(a) A nonconforming use, structure, or occupancy must not be expanded, changed, <br />enlarged or altered in a way that increases its flood damage potential or degree of <br />obstruction to flood flows except as provided in (b) below. Expansion or enlargement of <br />uses, structures or occupancies within the Floodway District is prohibited. <br />(b) Any addition or structural alteration to a nonconforming structure or <br />nonconforming use that would result in increasing its flood damage potential must be <br />protected to the regulatory flood protection elevation in accordance with any of the <br />elevation on fill or floodproofing techniques (i.e., FP -1 through FP -4 floodproofing <br />classifications) allowable in the State Building Code, except as further restricted in (c) <br />and (g) below. <br />(c) If the cost of all previous and proposed alterations and additions exceeds 50% of <br />the market value of the nonconforming structure, then the entire structure must meet the <br />standards of § 1103.05 or § 1103.06 of this chapter for new structures depending upon <br />whether the structure is in the Floodway or Flood Fringe District, respectively. The cost <br />of all structural alterations and additions must include all costs such as construction <br />materials and a reasonable cost placed on all manpower or labor. <br />(d) If any nonconforming use, or any use of a nonconforming structure, is <br />discontinued for more than one year, any future use of the premises must conform to this <br />chapter. <br />(e) If any nonconformity is substantially damaged, as defined in § 1103.03 of this <br />chapter, it may not be reconstructed except in conformity with the provisions of this <br />chapter. The applicable provisions for establishing new uses or new structures in <br />§ 1103.05 or § 1103.06 will apply depending upon whether the use or structure is in the <br />Floodway or Flood Fringe, respectively. <br />(f) If any nonconforming use or structure experiences a repetitive loss, as defined in <br />§ 1103.03 of this chapter, it must not be reconstructed except in conformity with the <br />provisions of this chapter. <br />23 of 25 <br />
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