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0581
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3/30/2006 11:42:11 AM
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6/27/2005 2:07:50 PM
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<br />measures are consistent with the Regulatory Flood Protection Elevation and <br />associated flood factors for the particular area. <br /> <br />SECTION 10-110 <br /> <br />NONCONFORMING USES <br /> <br />a. A structure or the use of a structure or premises which was lawful before the <br />passage or amendment of the Ordinance, but which is not in conformity with the <br />provisions of this Ordinance, may be continued subject to the following conditions: <br /> <br />1. No such use shall be expanded, changed, enlarged, or altered in a way which <br />increases its nonconformity. <br /> <br />2. Any alteration or addition to a nonconforming structure or nonconforming use <br />which would result in increasing the flood damage potential of that structure or use <br />shall be protected to the Regulatory Flood Protection Elevation in accordance with <br />any of the elevation on fill or flood-proofing techniques (i.e., FP-l through FP-4 <br />flood-proofing classifications) allowable in the State Building Code, except as <br />further restricted in 1O-100(a)(3) below. <br /> <br />3. The cost of any structural alterations or additions to any nonconforming <br />structure over the life of the structure shall not exceed 50 percent of the market <br />value of the structure unless the conditions of this Section are satisfied. The cost of <br />all structural alterations and additions constructed since the adoption of the <br />Community's initial flood plain controls must be calculated into today's current cost <br />which will include all costs such as construction materials and a reasonable cost <br />placed on all manpower or labor. If the current cost of all previous and proposed <br />alterations and additions exceeds 50 percent of the current market value of the <br />structure, then the structure must meet the standards of Section 10-040 or 10-050 of <br />this Ordinance for new structures depending upon whether the structure is in the <br />Floodway or Flood Fringe, respectively. <br /> <br />4. If any nonconforming use is discontinued for 12 consecutive months, any <br />future use of the building premises shall conform to this Ordinance. The assessor <br />shall notify the Zoning Administrator in writing of instances of nonconforming uses <br />which have been discontinued for a period of 12 months. <br /> <br />5. If any nonconforming use or structure is destroyed by any means, including <br />floods, to an extent of 50 percent or more of its market value at the time of <br />destruction, it shall not be reconstructed except in conformity with the provisions of <br />this Ordinance. The applicable provisions for establishing new uses or new <br />structures in Sections 10-040, 10-050, or 10-060 will apply depending upon whether <br />the use or structure is in the Floodway, Flood Fringe, or General Flood Plain <br />District, respectively. <br /> <br />21 <br />
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