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5.5. PCSR 10-11-2011
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5.5. PCSR 10-11-2011
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10/7/2011 3:05:26 PM
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(3) The cost of any structural alterations or additions to any nonconforming structure over. the life of the <br />structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section <br />are satisfied. The cost of all structural alterations and additions ~ ' <br />must be calculated into the current cost, which will include all costs such as cost of <br />construction materials and. a reasonable cost placed on all manpower or labor. If the current cost of all <br />previous and proposed alterations and additions exceeds 50 percent of the current market value of the <br />structure, then the structure must meet the standards of section 30-1.912 or 30-191.3 for new structures, <br />depending upon whether the structure is in the floodway or flood fringe, respectively. <br />(4) If any nonconforming use is discontinued for 12 consecutive months, any future use of the building <br />premises shall .conform to this division. The Land Develo ment Staff ~S~fisr-shall <br />be responsible for recording in writing instances of nonconforming uses which have been discontinued for a <br />period of 12 months and shall also be responsible for providing written notification of the discontinuance of <br />use to the appropriate party. The Assessor shall notify- the Land Development Staff in venting of instances of <br />nonconforming uses that have been discontinued for a period of 12 months. <br />(5) If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 <br />percent or more of its market value at the time of destruction, it shall not be reconstructed except in <br />conformity with the provisions of this division. The applicable provisions for establishing new uses or new <br />structures in sections ,30-1912 and 3C)-1913 will apply, depending upon whether the use or structure is in the <br />floodway or flood fringe district, respectively. <br />If a substantial improvement occurs, as defined in this division, from any combination of a building <br />addition to the outside dimensions of the existing building or a rehabilitation, reconstruction. alteration, or <br />other improvement to the inside dimensions of an existing nonconforming building. then the building <br />addition and the existing nonconforming building must meet the reduirements of Sections 30-1912 or 30- <br />1913 of this division fox new structures depending ubon whether the stricture is in the Floodway or Flood <br />Fringe District, respectively <br />Section 26. That Section 30-1931 of the City of Elk River Code of Ordinances, titled <br />Subdivisions shall be amended to read as follows: <br />Sec- 30-293.1. -Subdivisions. <br />(a) Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding or inadequate <br />drainage, water supply or sewage. treatment facilities. Alllots within the flood_plain districts shall contain a <br />building site outside of the Floodway District at or above the regulatory flood protection elevation. All <br />subdivisions shall have water and sewage treatment facilities that comply with the provisions of this division <br />and have road access both to the subdivision and to the individual building sites no lower than two feet below <br />the regulatory flood protection elevation. For all subdivisions in the flood_plain, the floodway and flood <br />fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access <br />roads shall be clearly labeled on all required subdivision drawings and platting documents. <br />Section 27. That Section 30-1935 of the City of Elk River Code of Ordinances, titled <br />Manufactured homes and manufactured home parks; placement of travel trailers and travel vehicles shall be <br />amended to read as follows: <br />
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