The Legislature of the State of Nebraska has
delegated the responsibility to local governmental units to adopt
zoning regulations designed to protect the public health, safety and
general welfare. The Legislature, in Sections 31-1001 to 31-1022,
R.R.S. 1943, has further assigned the responsibility to adopt, administer,
and enforce floodplain management regulations to the county, city
or village with zoning jurisdiction over the flood-prone area.
It is the purpose of this chapter to promote
the public health, safety and general welfare and to minimize those
losses described in Subsection C by applying the provisions of this
chapter to:
A.
Restrict or prohibit uses which are dangerous to health,
safety or property in times of flooding or cause undue increases in
flood heights or velocities.
B.
Require that uses vulnerable to floods, including
public facilities that serve such uses, be provided with flood protection
at the time of initial construction.
C.
Protect individuals from buying lands that are unsuitable
for intended purposes because of flood hazard.
D.
Assure that eligibility is maintained for property
owners in the community to purchase flood insurance in the National
Flood Insurance Program when identified by the Federal Insurance Administration
as a flood-prone community.
A.
Flood losses resulting from periodic inundation. Flood
hazard areas of the City of Papillion, Nebraska are subject to inundation
which results in loss of life or property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief and impairment of the
tax base, all of which adversely affect the public health, safety
and general welfare.
(1)
General causes of these flood losses. These
flood losses are caused by:
(2)
Methods used to analyze flood hazards. This
article uses a reasonable method of analyzing flood hazards that consists
of a series of interrelated steps.
(a)
Selection of a base flood which is based upon
engineering calculations that permit a consideration of such flood
factors as its expected frequency of occurrence, the area inundated
and the depth of inundation The base flood selected for this article
is representative of large floods that are reasonably characteristic
of what can be expected to occur on the particular streams subject
to this article. It is in the general order of a flood which could
be expected to have a one-percent chance of occurrence in any one
year as delineated in the Federal Emergency Management Administration
Flood Insurance Rate Maps and Flood Boundary and Floodway Map dated
May 3, 2010, or any subsequent effective Flood Insurance Studies,
Rate Maps and Flood Boundary and Floodway Maps issued after the effective
date of this article and adopted by the City of Papillion.
(b)
Calculation of water surface profiles based
upon a hydraulic engineering analysis of the capacity of the stream
channel and overbank areas to convey the base flood.
(c)
Computation of the floodway required to convey
this flood without increasing flood heights more than one foot at
any point.
(d)
Delineation of floodway encroachment lines within
which no obstruction is permitted which would cause any increase in
flood height.
(e)
Delineation of floodway fringe, i.e., that area
outside the floodway encroachment lines but which still is subject
to inundation by the base flood.
(3)
Land to which article applies. This article shall apply to all lands within the jurisdiction of the City of Papillion that are subject to a one-percent or greater chance of flooding in any given year now or in the future, as identified as numbered and unnumbered A Zones (including AE, AO and AH Zones) on the effective Flood Insurance Rate Map (FIRM) dated May 3, 2010, or best available data as determined by more recent hydrologic and hydraulic studies completed or approved by the City of Papillion or other government agency and within the Overlay Districts FP and FW established in this article. Requirements established in § 205-156 of this article shall apply to the Zoning Districts FW and FP based on the most restrictive information available. In all areas covered by this article, no development shall be permitted except upon a permit to develop granted by the City Council or its duly designated representative under such safeguards and restrictions as the City Council may reasonably impose for the promotion and maintenance of the general welfare and health of the inhabitants of the community as contained in the City Code.
(4)
Enforcement officer. The Planning Director of
the City of Papillion is hereby designated as the City Council's duly
designated enforcement officer under this article. Unless otherwise
provided by the City Council, the Papio-Missouri River Natural Resources
District shall assist the City of Papillion on interpretation of floodplain/floodway
rules and regulations. The enforcement officer shall obtain comments
from the NRD as part of his/her review of all proposed activity in
this overlay district.
(5)
Rules for interpretation of district boundaries.
The boundaries of the floodway and floodway fringe overlay districts
shall be determined by scaling distances on the Official Zoning Map,
the Flood Insurance Rate Map or Floodway Map or on the Digital Flood
Insurance Rate Map. Where interpretation is needed as to the exact
location of the boundaries of the districts as shown on the Official
Zoning Map, as, for example, where there appears to be a conflict
between a mapped boundary and actual field conditions, the enforcement
officer shall make the necessary interpretation. In such cases where
the interpretation is contested, the Board of Adjustment will resolve
the dispute. The regulatory flood elevation for the point in question
shall be the governing factor in locating the floodplain overlay district
boundary on the land. The location of the floodway overlay district
boundary may be based on a map completed or approved by the City of
Papillion or other government agency, provided the boundary is not
less restrictive than that shown on the effective FIRM. The person
contesting the location of the district boundary shall be given reasonable
opportunity to present his case to the Board and to submit his own
technical evidence if he/she so desires.
(6)
Compliance. No development located within known
flood hazard areas of the community shall be located, extended, converted
or structurally altered without full compliance with the terms of
this article and other applicable regulations.
(7)
Abrogation and greater restrictions. It is not
intended by this article to repeal, abrogate or impair any existing
easements, covenants or deed restrictions. However, where this article
imposes greater restrictions, the provision of this article shall
prevail. All other ordinances inconsistent with this article are hereby
repealed to the extent of the inconsistency only.
(8)
Interpretation. In their interpretation and
application, the provisions of this article shall be held to be minimum
requirements and shall be liberally construed in favor of the governing
body and shall not be deemed a limitation or repeal of any other powers
granted by state statute.
(9)
Warning and disclaimer of liability. The degree
of flood protection required by this article is considered reasonable
for regulatory purposes and is based on engineering and scientific
methods of study. Larger floods may occur on rare occasions or the
flood height may be increased by man-made or natural causes such as
ice jams and bridge openings restricted by debris. This article does
not imply that areas outside floodway and floodway fringe district
boundaries or land uses permitted within such districts will be free
from flooding or flood damages. This article shall not create liability
on the part of the City of Papillion or any officer or employee thereof
for any flood damages that may result from reliance on this article
or any administrative decision lawfully made thereunder.
(10)
Application for appeal. Where a request for
a permit to develop is denied by the Planning Director, the applicant
may apply for such permit or variance directly to the Board of Adjustment.
The Board of Adjustment may grant or deny such request by appropriate
resolution adopted within 45 days after the date of such application
to the Board of Adjustment.
A.
Permit required No person, firm or corporation shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for development as defined in Subsection C hereof.
B.
Administration.
(1)
The Planning Director is hereby appointed to
administer and implement the provisions of this article.
(2)
Duties of the Planning Director shall include
but not be limited to:
(a)
Review of all development permits to assure
that sites are reasonably safe from flooding and that the permit requirements
of this article have been satisfied.
(b)
Review permits for proposed development to assure
that all necessary permits have been obtained from those federal,
state or local governmental agencies from which prior approval is
required.
(c)
Notify adjacent communities, the U.S. Army Corps
of Engineers and the Nebraska Department of Natural Resources, Flood
Plain Management Section, prior to any alteration or relocation of
a watercourse, and submit evidence of such notification to the Federal
Insurance Administration when participating in the National Flood
Insurance Program.
(d)
Notify the Papio-Missouri River Natural Resources
District, Floodplain Management Section, of any proposed construction
and development activity in floodplain areas and/or upon land situated
within the Floodplain/Floodway Overlay Zoning District.
(e)
Assure that maintenance is provided within the
altered or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
(f)
Verify and record the actual elevation (in relation
to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures.
(g)
Verify and record the actual elevation (in relation
to mean sea level) to which the new or substantially improved structures
have been floodproofed.
(h)
When floodproofing is utilized for a particular
structure, the Planning Director shall be presented certification
from a registered professional engineer or architect.
(i)
Facilitate the approval of new Flood Insurance Rate Maps or best
available data as necessary.
(j)
Maintain records of all floodplain development permits and/or building
permits within the floodway or flood fringe overlay district to ensure
that structures are not substantially improved.
(k)
Require that any filling of the floodway fringe associated with
new development within the West Papillion Creek System and the Southern
Sarpy Creek System (excluding the Platte and Elkhorn Rivers) be limited
to 25% of the floodway fringe in the floodplain development application
project area, unless approved mitigation measures are implemented.
The remaining 75% of floodway fringe within the project area shall
be designated as a restricted fill zone. For redevelopment, these
provisions may be modified or waived in whole or in part by the local
jurisdiction.
[Amended 2-7-2017 by Ord.
No. 1760]
C.
Application for permit. To obtain a permit, the applicant
shall first file an application, in writing, on a form furnished for
that purpose. Every such application shall:
(1)
Identify and describe the work to be covered
by the permit.
(2)
Describe the land on which the proposed work
is to be done by lot, block, tract and house and street address, or
a similar description that will readily identify and definitely locate
the proposed building or work.
(3)
Indicate the use or occupancy for which the
proposed work is intended.
(4)
Be accompanied by plans for the proposed construction,
including but not limited to the following information:
(a)
Existing natural grades.
(b)
Proposed grades as a result of proposed development.
(c)
The proposed lowest floor elevation and any higher floor elevations,
including attached garage, of any proposed structures.
(d)
The lowest and highest adjacent grades next to any proposed structures.
(e)
The most restrictive base flood elevation nearest the proposed development.
(5)
Be signed by the permittee or his authorized
agent, who may be required to submit evidence to indicate such authority.
(6)
Give such other information as reasonably may
be required by the Planning Director or Chief Building Official.
D.
Best available information. When a draft (D)FIRM is
being considered for adoption by either the City or FEMA, any building
permit or grading permit application for property located within an
area that will have a known change in floodplain designation requires
City Council approval per the following process:
(1)
City Council approval is only required when
the change in designation on the draft (D)FIRM is more restrictive
than the designation on the current (D)FIRM and the change results
in a floodway designation or a floodplain designation with a one-percent
annual chance of flood.
(2)
City Council approval is only required for a
building permit when the permit is for a new structure or building
addition that will affect the floodplain or floodway, as determined
by the Planning Director. Building permits associated with an existing
building where the exterior building footprint remains unchanged should
generally not require City Council approval. Typical exempt types
of permits include interior finishes, renovation, reroofing, plumbing,
or electrical for an existing building.
(3)
The Planning Director may waive the requirement
for City Council approval of a building permit or grading permit if
the application is in compliance with both the current (D)FIRM and
the draft (D)FIRM.
(4)
The City Council may not approve any permit
application that is in violation of a current (D)FIRM, even if the
application conforms with a draft (D)FIRM.
(5)
The City Council shall receive a recommendation
from the Planning Commission prior to voting on a permit application.
(6)
The City Council shall hold a public hearing
but may approve a permit by resolution.
The mapped floodplain areas within the jurisdiction
of this article are hereby divided into the two following districts:
a Floodway Overlay District (FW) and a Floodplain Overlay District
(FP) as identified in the Official Floodplain Study, effective FIRM
or best available data. The zoning districts created by this article
overlie other zoning districts and place additional restrictions upon
the manner in which lands in such underlying district may be used.
Within these districts all uses not meeting the standards of this
article and those standards of the underlying zoning district shall
be prohibited. These zones may not be identified on the Official Zoning
Map but shall be consistent with the numbered and unnumbered A Zones
as identified on the official FIRM or best available data.
A.
No permit for development shall be granted for new
construction, substantial improvement or other improvements, including
the placement of manufactured homes, within the identified floodplain
unless the conditions of this section are satisfied.
B.
All areas identified as unnumbered A Zones on the
effective FIRM or best available data are subject to inundation of
the one-hundred-year flood; however, the water surface elevation was
not provided. The unnumbered A Zones shall be subject to all development
provisions of this article. If Flood Insurance Study data is not available,
the community shall utilize any base flood elevation data currently
available within its area of jurisdiction. Further, in cases of proposed
development within unnumbered A Zones, the developer's engineer shall
be required to conduct the necessary studies to determine the one-hundred-year
flood elevation and its extent in relation to such development.
C.
New construction, subdivision proposals, substantial
improvement, prefabricated buildings, placement of manufactured homes
and other development shall require:
(1)
Design or anchorage to prevent flotation, collapse
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effect of buoyancy.
(2)
New or replacement water supply systems and/or
sanitary sewage systems designed to minimize or eliminate infiltration
of floodwaters into the systems and discharges from the systems into
floodwaters, and on-site waste disposal systems be located so as to
avoid impairment or contamination.
(3)
Construction with materials resistant to flood
damage, utilizing methods and practices that minimize flood damages,
and with electrical, heating and ventilation that are designed and/or
located so as to prevent water from entering or accumulating within
the components during conditions of flooding.
(4)
All electrical equipment and sanitary facilities,
including circuits, installed electric appliances, toilets, sinks,
drains, in new developments and substantial improvements shall be
located so as to not be subject to flooding or shall be floodproofed
to prevent damage resulting from flood levels exceeding the base flood
elevation by one foot. Backflow valves should be installed on all
septic lines leading from the structure.
(5)
That until a floodway has been designated, no
development, including landfill, may be permitted within the identified
floodplain unless the applicant for the land use has demonstrated
that the proposed use, when combined with all other existing and reasonably
anticipated uses, will not increase the water surface elevation of
the one-hundred-year flood more than one foot on the average cross-section
of the reach in which the development or landfill is located as shown
in the effective FIRM or best available data.
(6)
Storage of materials and equipment.
(a)
The storage or processing of materials that
are, in time of flooding, buoyant, flammable, explosive or could be
injurious to human, animal or plant life is prohibited.
(b)
Storage of other materials or equipment may
be allowed if not subject to major damage by floods and firmly anchored
to prevent flotation or if readily removable from the area within
the time available after flood warning.
(7)
That subdivision proposals and other proposed
new development, including manufactured home parks or subdivisions,
be required to assure that:
(a)
All such proposals are consistent with the need
to minimize flood damage.
(b)
All public utilities and facilities, such as
sewer, gas, electrical and water systems, are located, elevated and
constructed to minimize or eliminate flood damage.
(c)
Adequate drainage is provided so as to reduce
exposure to flood hazards.
(d)
Proposals for development (including proposals
for manufactured home parks and subdivisions) of five acres or 50
lots, whichever is less, include within such proposals the regulatory
flood elevation.
A.
Permitted uses. Any use permitted in the underlying base district shall be permitted in the Floodplain Overlay District. No use shall be permitted in the district unless the standards of § 205-157 are met.
B.
Standards for the Floodplain Overlay District.
(1)
Any new construction or substantial improvements
of residential structures shall have the lowest floor, including basement,
elevated one foot above the highest base flood elevation available
now or in the future.
(2)
Any new construction or substantial improvements of nonresidential structures shall have the lowest floor, including basement, elevated one foot above the highest base flood elevation available now or in the future or, together with attendant utility and sanitary facilities, shall be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in § 205-155B(2)(h). Such floodproofing is permitted only for nonresidential properties.
(3)
All new construction and substantial improvements
that have fully enclosed areas below the lowest floor that are subject
to flooding shall be designated to automatically equalize hydrostatic
flood forces or exterior walls by allowing for the entry and exit
of floodwaters. The area below the lowest floor subject to flooding
shall be a maximum of four feet in height measured from the bottom
of the floor joists unless used for parking of vehicles. Areas other
than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by the registered professional
engineer or architect or meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a total net
area of not less than one square inch for every square foot of enclosed
area subject to flooding shall be provided.
(b)
The bottom of all openings shall be not higher
than one foot above grade.
(c)
Openings may be equipped with screens, louvers,
valves or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
(4)
All
electrical equipment and sanitary facilities, including circuits,
installed electric appliances, toilets, sinks, drains, in new developments
and substantial improvements shall be located so as to not be subject
to flooding or shall be floodproofed to prevent damage resulting from
flood levels exceeding the highest base flood elevation available,
now or in the future, by one foot. Backflow valves should be installed
on all septic lines leading from the structure.
(5)
Within AH Zones, adequate drainage paths around
structures on slopes shall be required in order to guide floodwaters
around and away from proposed structures.
(6)
Manufactured homes.
(a)
All manufactured homes shall be anchored to
resist flotation, collapse or lateral movement. Manufactured homes
must be anchored in accordance with local building codes or FEMA guidelines.
In the event that over-the-top frame ties to ground anchors are used,
the following specific requirements (or their equivalent) shall be
met:
[1]
Over-the-top ties shall be provided at each
of the four corners of the manufactured home, with two additional
ties per side at intermediate locations, and manufactured homes less
than 50 feet long requiring one additional tie per side.
[2]
Frame ties shall be provided at each corner
of the home, with five additional ties per side at intermediate points,
and manufactured homes less than 50 feet long requiring four additional
ties per side.
[3]
All components of the anchoring system shall
be capable of carrying a force of 4,800 pounds.
[4]
Any additions to manufactured homes shall be
similarly anchored.
(b)
All manufactured homes placed within an area
of special flood hazard on the community's FIRM shall be elevated
on a permanent foundation such that the lowest floor of the manufactured
home is at or above one foot above the base flood elevation and shall
be securely anchored to an adequately anchored foundation system in
accordance with the provisions of the Uniform Building Code.
(7)
Recreational vehicles placed on sites within
the special flood hazard areas on the community's official map shall
either be on the site for fewer than 180 consecutive days, be fully
licensed and ready for highway use, or meet the permit requirements
and the elevation and anchoring requirements for manufactured homes
of this article. A recreational vehicle is ready for highway use if
it is on its wheels or jacking system, is attached to the site only
by quick-disconnect-type utilities and security devices, and has no
permanently attached additions.
C.
AO Zones: special regulations. Located within the
areas of special flood hazard are areas designated as AO Zones. These
areas have special flood hazards associated with base flood depths
of one foot to three feet, where a clearly defined channel does not
exist, and where the path of flooding is unpredictable and indeterminate.
Therefore, the following provisions apply within AO Zones:
(1)
All new construction and substantial improvements
of residential structures shall have the lowest floor (including basement)
elevated above the highest adjacent grade at least as high as one
foot above the depth number specified in feet on the community's FIRM.
(2)
All new construction and substantial improvements
of nonresidential structures shall:
(a)
Have the lowest floor (including basement) elevated
above the highest adjacent grade at least as high as one foot above
the depth number specified in feet on the community's FIRM; or
(b)
Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effect of buoyancy. Such certification shall be provided to the official as set forth in § 205-155B(2)(h).
(3)
Adequate drainage paths around structures on
slopes shall be required in order to guide floodwaters around and
away from proposed structures.
A.
Permitted uses. Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance and provided that they do not require structures, fill or storage of materials or equipment. No use shall increase the flood levels of the base flood elevation. These uses are subject to the standards of §§ 205-157 and 205-158. Recommended uses for the Floodway District include:
(1)
Open space uses not requiring a closed building,
such as agricultural cropland, livestock feeding and grazing, or open
public and private recreation areas.
(2)
Wire fences or other appurtenances may be constructed
which would not constitute an obstruction or debris-catching obstacle
to the passage of floodwaters.
(3)
Railroads, streets, bridges, public utility
wire and pipelines for transmission and local distribution.
(4)
Commercial excavation of materials from pits
strips or pools, provided that no stockpiling of materials, products
or overburden shall be such as to create a potential restriction to
the passage of floodwaters.
(5)
Nonrestrictive
improvements in stream channel alignment, cross section and capacity
in the normal maintenance thereof.
(6)
Uses
of a type not appreciably damaged by flood waters, provided no structures
for human habitation shall be permitted.
B.
The uses enumerated in § 250-159A above
shall only be permitted if certification by a registered professional
engineer or architect is provided demonstrating that the development
shall not result in any increase in water surface elevations along
the floodway profile during occurrence of the base flood discharge.
These uses are subject to the standards of §§ 205 157
and 205-158. In Zone A unnumbered, obtain review and reasonably utilize
any floodway data available through federal, state or local sources
in meeting the standards of this section.
A.
The Board of Adjustment, as established by the City
of Papillion, shall hear and decide appeals and requests for variances
from the requirements of this chapter.
B.
The Board of Adjustment shall hear and decide appeals
when it is alleged that there is an error in any requirement, decision
or determination made by the Planning Director in the enforcement
or administration of this chapter.
C.
Any person aggrieved by the decision of the Board
of Adjustment or any taxpayer may appeal such decision to the District
Court as provided in Nebraska Statute § 19-912, R.R.S. 1943.
D.
In passing upon such applications, the Board of Adjustment
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, and:
(1)
The danger that materials may be swept onto
other lands to the injury of others;
(2)
The danger to life and property due to flooding
or erosion damage;
(3)
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner;
(4)
The importance of the services provided by the
proposed facility to the community;
(5)
The necessity to the facility of a waterfront
location, where applicable;
(6)
The availability of alternative locations, not
subject to flooding or erosion damage, for the proposed use;
(7)
The compatibility of the proposed use with existing
and anticipated development;
(8)
The relationship of the proposed use to the
Comprehensive Plan and floodplain management program for that area;
(9)
The safety of access to the property in time
of flood for ordinary and emergency vehicles;
(10)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters and the effect of
wave action, if applicable, expected at the site; and
(11)
The costs of providing governmental services
during and after flood conditions, including maintenance and repair
of public utilities and facilities such as sewer, gas, electrical
and water systems, and streets and bridges.
E.
Conditions for variances.
(1)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that Subsections E(2) through E(6) below have been fully considered. As the lot size increases beyond 1/2 acre, the technical jurisdiction required for issuing the variance increases.
(2)
Variances may be issued for the repair or rehabilitation
of historic structures upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation
as an historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(3)
Variances shall not be issued within any designated
floodway if any increase in flood levels along the floodway profile
during the base flood discharge would result.
(4)
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(5)
Variances shall only be issued upon a showing
of good and sufficient cause, a determination that failure to grant
the variance would result in exceptional hardship to the applicant,
and a determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, or
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws
or ordinances.
(6)
This application shall be given a written notice,
over the signature of a community official, that the issuance of a
variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts
as high as $25 for $100 of insurance coverage and that such construction
below the base flood level increases risks to life and property. Such
notification shall be maintained with the record of all variance actions
as required by this chapter.
A.
Continuance of nonconforming uses. A structure or
the use of a structure or premises which was lawful before the passage
or amendment of this chapter but which is not in conformity with the
provisions of this chapter may be continued, subject to the following
conditions:
(1)
No such use or substantial improvement of that
use shall be extended, changed, enlarged or altered in a way which
increases its nonconformity.
(2)
If such use is discontinued for 12 consecutive
months, any future use of the building premises shall conform to this
chapter. The Utility Department shall notify the Building Inspector,
in writing, of instances of nonconforming uses where utility services
have been discontinued for a period of 12 months.
(3)
Uses or adjuncts thereof which are or become
nuisances shall not be entitled to continue a nonconforming uses.
B.
Replacement of residential uses. If any residential
nonconforming use of a structure is destroyed by any means, including
flood, it shall not be reconstructed if the cost is more than 50%
of the market value of the structure before the damage occurred within
those areas identified as floodway (FW). This limitation does not
include the cost of any alteration to comply with existing state or
local health, sanitary, building or safety codes or regulations or
the cost of any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
C.
Replacement of nonresidential uses. If any nonresidential
nonconforming use of a structure is destroyed by any means, including
flood, it should not be reconstructed if the cost is more than 50%
of the market value of the structure before the damage occurred, except
if it is reconstructed in conformity with the provisions of this chapter.
This limitation does not include the cost of any alteration to comply
with existing state or local health, sanitary, building or safety
codes or regulations or the cost of any alteration of a structure
listed on the National Register of Historic Places or a State Inventory
of Historic Places.
