Brooklyn Center City Zoning Code
35-2200 Nonconforming
Uses In The Flood Hazard Zones
35-2200Nonconforming Uses in The Flood Hazard Zones1)A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 35-2120.8 of this Ordinance, shall be subject to the provisions of Section 35-2200, 1a-1e.a)No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.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 any of the elevation on fill or flood- proofing techniques (i.e. , FP-1 thru FP-4 flood-proofing classifications) allowable in the State Building Code, except as further restricted in Subsection c below.c)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 constructed since the adoption of the Community's initial flood plain controls must be calculated into today's current cost which will include all costs such as 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 35-2140 or 35-2150 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively.d)If any nonconforming use is discontinued for l2 consecutive months, any future use of the building premises shall conform to this Ordinance. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of l2 months.e)If any nonconforming use or structure is substantially damaged, as defined in Section 35-2120.8 of this Ordinance, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Sections 35-2140, 35-2150, or 35-2160 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively.f)If a substantial improvement occurs, as defined in Section 35-2120.8 of this Ordinance, 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 Section 35-2200.1(b) above) and the existing nonconforming building must meet the requirements of Section 35-2140 or 35-2150 of this Ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.