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FINAL ORDINANCE NO. 08-023
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FINAL ORDINANCE NO. 08-023
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Ordinance 0&-023 <br />Coun:i'.' 1i2o,'iD <br />protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on <br />fill or flood proofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the <br />State Building Code, except as further restricted in (3) and (6) below. <br />(3) The cost of all structural alterations or additions to any nonconforming structure <br />over the life of the structure shall not exceed 50 percent of the market value of the structure unless <br />the conditions of this Section are satisfied. The cost of all structural alterations and additions must <br />include all costs such as construction materials and a reasonable cost placed on all manpower or <br />labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the <br />market value of the structure, then the structure must meet the standards of Section 152.04 or 152.05 <br />of this Ordinance for new structures depending upon whether the structure is in the Floodway or <br />Flood Fringe District, respectively. <br />(4) If any nonconforming use is discontinued for 12 consecutive months, any future use <br />of the building premises shall conform to this Ordinance. The Assessor shall notify the Zoning <br />Administrator in writing of instances of nonconforming uses that have been discontinued for a <br />period of 12 months. <br />(5) If any nonconforming use or structure is substantially damaged, as defined in <br />Section 2.830 of this Ordinance, it shall not be reconstructed except in conformity with the <br />provisions of this Ordinance. The applicable provisions for establishing new uses or new structures <br />in Sections 4.0, 5.0 or 6.0 will apply depending upon whether the use or structure is in the <br />Floodway, Flood Fringe or General Flood Plain District, respectively. <br />(6) If a substantial improvement occurs, as defined in Section 11.01 of the City Code, <br />from any combination of a building addition to the outside dimensions of the existing building or a <br />rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an <br />existing nonconforming building, then the building addition and the existing nonconforming <br />building must meet the requirements of Section 152.04 or 152.05 of this Ordinance for new <br />structures, depending upon whether the structure is in the Floodway or Flood Fringe District, <br />respectively. <br />§ 152.12 PENALTIES FOR VIOLATION <br />(A) Violation of the provisions of this Ordinance or failure to comply with any of its <br />requirements (including violations of conditions and safeguards established in connection with <br />grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as <br />defined by law. <br />(B) Nothing herein contained shall prevent the City from taking such other lawful action as is <br />necessary to prevent or remedy any violation. Such actions may include but are not limited to: <br />(1) In responding to a suspected Ordinance violation, the Zoning Administrator and City <br />may utilize the full array of enforcement actions available to it including but not limited to <br />prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures or a request <br />to the National Flood Insurance Program for denial of flood insurance availability to the guilty <br />
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