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Repealed 80-77
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Repealed 80-77
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5/19/2026 12:25:37 PM
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304.380 Conditions Att��:hed to Conditional Use Pe,.A ts. Upon consider- <br />ation of the factors istea above and the purposes of this <br />Ordinance, the City Council may attach such conditions to the <br />granting of Conditional Use Permits as it deems necessary to <br />fulfill the purposes of this Ordinance. Such conditions may <br />include, but are not limited to, the following: <br />1. Modification of waste disposal and water supply facilities. <br />2. Limitations on period of use, occupancy and operation. <br />3. Imposition of operational controls, sureties and deed <br />restrictions. <br />4. <br />Requirements for construction of channel modifications, <br />dikes, levees and other protective measures. <br />5. <br />Flood -proofing measures, in accordance with the State <br />Building Code. The applicant shall submit a plan or <br />document certified by a registered professional engineer <br />or architect that the flood-proofinq measures are con- <br />sistent with the Regulatory Flood Protection Elevation <br />and associated flood factors for the particular area. <br />1,400 NONCONFORMING USES <br />.410 A structure or the use of a structure or premises which was <br />lawful <br />ore EEe passage or amendment of this Ordinance but <br />which is not in conformity with the provisions of this Ordinanc, <br />may <br />be continued subject to the following conditions: <br />A. <br />No such use shall be expanded, changed, enlarged, or <br />'�__• <br />altered in a way which increases its nonconformity. <br />B. <br />No structural alteration or addition to any nonconforming <br />-� <br />structure over the life of the structure shall exceed 50 <br />�! <br />percent of its assessed value at the time of its becoming <br />a nonconforming use, unless the entire structure is per- <br />manantly changed to a conforming use or unless the alter- <br />ation or addition would substantially reduce potential <br />flood damages for the entire structure. <br />C. <br />Any alteration or addition to a nonconforminq use which <br />would result in substantially increasing the flood damage <br />potential of that use shall be flood -proofed in accordance <br />with the State Building Code. <br />D. If any nonconforming use is discontinued for 12 consecutive <br />months, any future use of the building premises shall con- <br />form to this Ordinance. The assessor shall notify the Zon- <br />ing Administrator in writinq of -instances of nonconforming <br />uses which have been discontinued for a period of 12 months <br />E. If any nonconforming use is destroyed by any -means, in- <br />cluding floods, to an extent of 50 percent -or more -of its <br />assessed value, it shall not be reconstructed except in <br />conformity with the provisions of this Ordinance. However, <br />the City Council may issue a Conditional Use Permit for <br />reconstruction if the use is located outside the floodway <br />and upon reconstrur , ion, is ade^,rntely flood -proofed, <br />
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