Ord 2010-049 - Laserfiche WebLink

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(42) Permit the reconstruction of a nonconforming building which has been damaged to the extent of more than 50% of its replacement cost. (5-3) If no structural alterations are made, any nonconforming use of a structure or structure and premises in combination may, as a special exception, be changed to another nonconforming use, provided the Zoning Board of Adjustments finds that the proposed nonconforming use is not more nonconforming in the district than the previously existing nonconforming use. (6 4) Permit the City to issue a building permit for expansion of a preexisting nonconforming use that is not in compliance with the Future Land Use Plan Map and /or zoning district when the Zoning Board of Adjustments determines that this special exception will not adversely impact water, wastewater, drainage, and street transportation systems, and is in accord with all City codes and applicable Master Plan policies, including those pertaining specifically to land use compatibility. Adverse impact means any of the following conditions which can be reasonably expected to result from the proposed development: a. Wastewater. A septic system within 300 feet of an existing sewer line; any use whose proposed connection to a sewer system (wastewater collection and treatment system) which is now at or beyond its capacity as calculated using state department of water resources standards design criteria, including a sewer line or pipe which overflows primarily due to infiltration and inflow; any use which cannot be served adequately without the expenditure of City funds in excess of the amount paid by the user's capital recovery fees; any use whose plumbing and wastewater system does not conform to City specifications; any use which would create off site any one of the conditions listed in this subsection. b. Water. Lowering water quantity, quality, or water pressure below the standards established by the Master Plan, adopted in City codes, or as determined by applicable agencies of the state; and water demand on an existing water system which is below established standards (water demand includes that required to adequately fight fires). C. Drainage. Nonconformance to the purposes, interests, or requirements of Chapter 5 pertaining to drainage and erosion control; preventing flood damage; creating additional runoff into a drainage system which is inadequate or nonexistent, or cause it to become inadequate in terms of its ability to handle runoff without