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FINAL ORDINANCE NO. 08-023
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FINAL ORDINANCE NO. 08-023
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5/19/2026 12:29:37 PM
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Ordinance 08-023 City Council: 1126110 <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 />0) The safety of access to the property in times of flood for ordinary and <br />emergency vehicles. <br />(k) The expected heights, velocity, duration, rate of rise, and sediment transport of <br />the flood waters expected at the site. <br />(1) Such other factors which are relevant to the purposes of this Ordinance. <br />(5) Conditions Attached to Conditional Use Permits. Upon consideration of the factors <br />listed above and the purpose of this Ordinance, the City shall attach such conditions to the granting <br />of conditional use permits as it deems necessary to fulfill the purposes of this Ordinance. Such <br />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 <br />storage, dikes, levees, and other protective measures. <br />(e) Flood proofing measures, in accordance with the State Building Code and this <br />Ordinance. The applicant shall submit a plan or document certified by a registered professional <br />engineer or architect that the flood proofing measures are consistent with the regulatory flood <br />protection elevation and associated flood factors for the particular area. <br />§ 152.11 NONCONFORMING USES <br />(A) 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 Ordinance <br />maybe continued subject to the following conditions. Historic structures, as defined in Section <br />11.01 of this Ordinance under "Substantial Improvement', shall be subject to the provisions of <br />Sections 152.11 (A, 1-5) of this Ordinance. <br />(1) No such use shall be expanded, changed, enlarged, or altered in a way that increases <br />its nonconformity. <br />(2) Any structural alteration or addition to a nonconforming structure or nonconforming <br />use which would result in increasing the flood damage potential of that structure or use shall be <br />21 <br />
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