(A) 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 otherwise provided in division (B) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.
(B) Any structural 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 flood plain management standards for the State of Minnesota as found in Minnesota Rules parts 6120.5000 - 5120.6200 and the Code of Federal Regulations, 44 CFR 60.3(a)-(d).
(C) The cost of any structural alterations or additions to any non-conforming structure over the life of the structure must not exceed 50% of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alternations and additions constructed since the adoption of the city's initial flood plain controls shall be calculated into today's current cost which will include all costs such as construction material and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50% of the current market value of the structure, then the structure must be located outside the floodway and meet the floodplain management standards for the State of Minnesota as found in Minnesota Rules parts 6120.5000 - 5120.6200 and the Code of Federal Regulations, 44 CFR 60.3(a)-(d).
(D) If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this subchapter. The Assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses that have been discontinued for a period of 12 months.
(E) If any nonconforming use or structure is substantially damaged, as defined in § 152.008, it shall not be reconstructed except in conformity with the flood plain management standards for the State of Minnesota as found in Minnesota Rules parts 6120.5000 - 5120.6200 and the Code of Federal Regulations, 44 CFR 60.3(a)-(d).
(F) If a substantial improvement occurs, as defined in § 152.008, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by division (B) above) and the existing nonconforming building must meet the flood plain management standards for the State of Minnesota as found in Minnesota Rules parts 6120.5000 - 5120.6200 and the Code of Federal Regulations, 44 CFR 60.3(a)-(d).
(G) If any nonconforming use or structure experiences a repetitive loss, it must not be reconstructed except in conformity with the provisions of this subchapter
(Ord. 2000-936; Am. Ord. 2005-1033, passed 2-7-05; Am. Ord. 2016-1209, passed 10-10-16)