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CHAPTER 65 - NONCONFORMITIES

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65.440 NONCONFORMING STRUCTURE CREATED BY FLOOD DISTRICT REGULATION:

Subdivision 1.     A nonconforming structure created by flood district regulations may be continued in the same manner as other nonconforming structures subject to the following additional standards that are necessary to protect the public health, welfare or society:  

1. Whenever any alteration, addition or repair to a nonconforming structure exceeds 50 percent of its current market value as determined from the records of the Olmsted County Assessor, the entire structure shall be made to conform to all applicable flood plain regulations. (This requirement shall also apply at such time the cumulative effect of all additions, alterations or major repairs since the date the structure became nonconforming exceed 50 percent of the current market value).
2. The alteration, addition or repair to a nonconforming structure, when the value of such work does not exceed 50 percent of its current market value as determined from the records of the Olmsted County Assessor, shall not increase the flood damage potential of the use or structure, and, if located in the floodway, shall not increase the degree of obstruction to the flood flow.
3. The minor alteration, addition or repair to any nonconforming structure, which does not contribute to the increased intensity of use within the structure, and which does not exceed ten percent of the current market value of the structure as determined from the records of the Olmsted County Assessor, need not conform to the applicable flood plain regulations if in the opinion of the zoning administrator the increase in flood damage potential is minor.