7.3. SR 10-17-2011 - Laserfiche WebLink

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(4` Requirements for construction of channel moclificatians, compensators-storage, dikes, levees. and. other protectiti e measures. (5~ Flood proofuig mea>ures, in accordance «ith the state building code and. this cltvisieln. The. applicant shall submit a plan or document certified by ~ regi,tered professional engineer or architect that the flood proofing measures are consistent ~virh the regulators- flood protecting elevation at~d associated flood factors for the particular area. Section 25. That Chapter 30-1915 of the City of Elk River Code of Ordinances, titled Nonconforming structures and uses, shall be amended- to read as follows: Sec 30-1915. -Nonconforming structures and. 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 division is derived, but which is not in conformity with the provisions of this division, may be continued subject to the following conditions: (~1) No such use shall be expanded, changed, enlarged, or altered in a way which 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 flood_proofmg techniques (i.e., FP-1 through FP-4 flood_proofing classifications) allowable in the State Building Code, except as further restricted in subsection (3) and subsection (61 of this section. (3) 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 section are satisfied. The cost of all structural alterations and additions must be calculated into the current cost, which will include all costs such as cost of 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 section 30-1912 or 30-1913 for new structures, depending upon whether the structure is in the floodway or flood fringe, respectively. (4) If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this division. The Land Development Staff shall be responsible for recording in writing instances of nonconforming uses which have been discontinued for a period of 12 months and shall also be responsible for providing written notification of the discontinuance of use to the appropriate party. The Assessor shall notify the Land Development Staff in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. (5) 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 except in conformity with the provisions of this division. The applicable provisions for establishing new uses or new structures in sections 3t1-191.2 and 30-19"1.3 will apply, depending upon whether the use or structure is in the floodway or flood fringe district, respectively.