Ordinance 842 - Laserfiche WebLink

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satisfies the conditions of this Section. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the standards of Sections 1301.04 and 1301.05 of this Chapter for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. d. If the owner or operator of a building or a property discontinues any nonconforming use for 12 consecutive months, then thereafter owner or operator and the use of the building or the premises shall meet all the provisions of this Chapter. The City shall request that the County Assessor notify the City in writing of instances where the County has information about the user or property owner having discontinued the use of a nonconforming use or property for a period of 12 months. e. If any nonconforming use or structure is substantially damaged, as defined in Section 1301.02, Subd. 8t of this Chapter, the owner shall not reconstruct the use or structure except when such construction or reconstruction would meet the provisions of this Chapter. The applicable provisions for establishing new uses or new structures listed in Sections 1301.04 and 1301.05 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. The City does not allow the owner of a nonconforming structure that is in the Floodway that is substantially damaged to repair or reconstruct the structure. (1) Any nonconforming use that the City determines is a nuisance shall not be entitled to continue as a nonconforming use. f. If an owner or user of a property makes a substantial improvement to a property, as defined in Section 1301.02, Subd. 8u of this Chapter, including any combination of a building or structural addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Section 1301.04 or 1301.05 of this Chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. A nonconforming structure shall not be substantially improved if the structure is located in the Floodway. 1301.12: PENALTIES FOR VIOLATION Subd. 1. The violation of the provisions of this Chapter or the failure to meet any of its requirements (including violations of conditions and safeguards established in connection with the approval of variances or conditional use permits) shall constitute a misdemeanor and shall be punishable as defined by law or by the City Code. Subd. 2. Nothing contained herein shall prevent the City from taking lawful action as is necessary to prevent or remedy any violation. Such actions may include, but are not limited to: a. In responding to a suspected Chapter violation, the Community Development Director and the City may use the full array of enforcement actions available to it including, but not limited to, prosecution and fines, injunctions, after the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City will act in good faith to enforce these official controls and to get responsible parties to correct violations to the extent possible so as not to jeopardize eligibility in the National Flood Insurance Program. 20 April 29, 2010