Agenda - Environmental Policy Board - 09/21/2015

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(5) I. Such other factors which are relevant to the purposes of this subdivision. Time for acting on application. The council shall act on an application in the manner described above within 60 days of the adjournment of the planning commission public hearing except that where additional information is required pursuant to subsection (d)(4) of this section. The council shall render a written decision within 30 days from the receipt of such additional information. (6) Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purpose of this section, the council shall attach such conditions to the granting of CUPs as it deems necessary to fulfill the purposes of this Code. Such conditions may include, but are not limited to, the following: a. Modification of waste treatment and water supply facilities. b. Limitations on period of use, occupancy, and operation. c. Imposition of operational controls, sureties, and deed restrictions. d. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. e. Floodproofing measures, in accordance with the state building code and this Code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. (Code 1978, § 9.22.10; Ord. No. 79-13, 10-29-1979; Ord. No. 86-2, 8-25-1986; Ord. No. 92-07, 7-13-1992) Sec. 117-189. - Nonconforming uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance from which this subdivision is derived but which is not in conformity with the provisions of this subdivision may be continued subject to the following conditions: (1) No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. (2) Any alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP -1 thru FP -4 floodproofing classifications) allowable in the state building code, except as further restricted in subsection (3) of this section. The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this subdivision are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial floodplain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of sections 117-183 and 117-184 for new structures depending upon whether the structure is in the floodway or flood fringe, respectively. (4) If any nonconforming use is discontinued for six consecutive months, any future use of the building premises shall conform to this subdivision. The assessor shall notify the zoning administrator in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed (3) (5) Page 13