Agenda - Planning Commission - 10/15/2015

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professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. (4) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (5) Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Sec. 117-190 Nonconforming Uses. (a) Continuance of Nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this Subdivision but which is not in conformity with the provisions of this Subdivision may be continued subject to the following conditions. Historic structures, as defined in 117-1, are subject to the provisions of Section 117-190 (a)(1) — (5). (1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in 117-190 (a)(2) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. (2) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must 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 MN State Building Code, except as further restricted in 11.13 and 11.17 below. (3) If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, then the entire structure must meet the standards of Section 117-183 or 117-184 for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. 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. (4) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. (5) If any nonconformity is substantially damaged, as defined in Section 117-1, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Section 117-183 or 117-184 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. (6) Any substantial improvement, as defined in Section 117-1, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 117-183 or 117-184 for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. Sec. 117-191 Penalties and Enforcement (a) Violation Constitutes a Misdemeanor. Violation of the provisions of this Subdivision or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. (b) Other Lawful Action. Nothing in this Subdivision restricts the city from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not