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ORD 11-05
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ORD 11-05
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Last modified
12/13/2012 9:35:56 AM
Creation date
10/26/2011 9:57:31 AM
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City Government
type
ORD
date
10/17/2011
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(8) The compatibilir♦v of the proposed use with existing development and development anticipated in <br />the foreseeable future. <br />(9) The relationship of the proposed use to the comprehensive plan and floodplam management <br />program for the area. <br />(10) The safety of access to the property in times of flood for ordinary and emergency vehicles. <br />(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters <br />expected at the site. <br />(12) Such other factors which the City determines are relevant to the purposes of this division. <br />(f) Authority to impose conditions. Upon consideration of the factors listed in subsection (f) of this section <br />and the purpose of this division, the city council shall attach such conditions to the granting of conditional <br />use permits as it deems necessary to fulfill the purposes of this division. Such conditions may include, but are <br />not limited to, the following: <br />(1) Modification of waste treatment and water supply facilities. <br />(2) Limitations on period of use, occupancy, and operation. <br />(3) Imposition of operational controls, sureties, and deed restrictions. <br />(4) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and <br />other protective measures. <br />(5) Flood proofing measures, in accordance with the state building code and this division. The <br />applicant shall submit a plan or document certified by a registered professional engineer or architect that the <br />flood proofing measures are consistent with the regulatory flood protection elevation and associated flood <br />factors for the particular area. <br />Section 25. That Chapter 30 -1915 of the City of Elk River Code of Ordinances, titled <br />Nonconforming structures and uses, shall be amended to read as follows: <br />Sec. 30 -1915. - Nonconforming structures and uses. <br />A structure or the use of a structure or premises which was lawful before the passage or amendment of the <br />ordinance from which this division is derived, but which is not in conformity with the provisions of this <br />division, may be continued subject to the following conditions: <br />(1) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. <br />(2) Any alteration or addition to a nonconforming structure or nonconforming use which would result in <br />increasing the flood damage potential of that structure or use shall be protected to the regulatory flood <br />protection elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP -1 <br />through FP -4 flood proofing classifications) allowable in the State Building Code, except as further restricted <br />in subsection (3) and subsection (6) of this section. <br />(3) The cost of any structural alterations or additions to any nonconforming structure over the fife of the <br />structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section <br />
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