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(2) Nonresidential Construction. New construction or <br />substantial improvement of any commercial, industrial or <br />other nonresidential structure shall either have the <br />lowest floor, including basement, elevated to one foot <br />above the level of the base flood elevation, or together <br />with attendant utility and sanitary facilities, be flood- <br />proofed so that below such level the structure is <br />watertight with walls substantially impermeable to the <br />passage of water and with structural components having the <br />capability of resisting hydrostatic and hydrodynamic loads <br />and effects of buoyancy. A registered professional <br />engineer or architect shall certify that the standards, of <br />this subsection are satisfied. <br /> (3) Floodways. Located within areas of special flood <br />hazard established in section 12A-3 are areas designated <br />as floodways. Since the floodway is an extremely hazard- <br />ous area due to the velocity of flood waters which carry <br />debris, potential projectiles and erosion potential, the <br />following provisions shall apply: <br /> (a) Prohibit encroachments, including fill, new <br />construction, substantial improvements and other develop- <br />ments unless certification by a professional registered <br />engineer or architect is provided demonstrating that <br />encroachments shall not result in any increase in flood <br />levels during occurrence of the base flood discharge. <br /> (b) If item (a) of this subsection is satisfied, all <br />new construction and substantial improvements shall comply <br />with all applicable flood hazard reduction provisions of <br />this section and section 12A-12. <br /> <br />Sec. 12A-14. Same--Standards for subdivision PrOPosals. <br /> <br /> (1) Ail subdivision proposals and other proposed new <br />developments shall be consistent with the need to minimize <br />flood damage. <br /> (2) Ail subdivision proposals shall have public utili- <br />ties and facilities such as sewer, gas, electrical and <br />water systems located and constructed to minimize flood <br />damage. <br /> (3) Ail subdivision proposals shall have adequate <br />drainage provided to reduce exposure to flood hazards. <br /> (4) Base flood elevation data shall be provided for <br />subdivision proposals and other proposed development which <br />is greater than either fifty lots or five acres. <br /> <br />Sec. 12A-15. Nonconforming uses. <br /> (1) A structure or the use of a structure or premises <br />which was lawful before the passage or amendment of the <br />ordinance codified in this chapter but is not in con- <br />formity with the provisions of this chapter may be <br />continued subject to the following conditions: <br /> (a) No such use or substantial improvement of that use <br />shall be expanded, changed, enlarged, or altered in a way <br />which increases its nonconformity. <br /> (b) If such use is discontinued for twelve consecutive <br />months, any future use of the building premises shall <br />conform to this chapter. <br /> (2) If any nonconforming use or structure is destroyed <br />by any means, including flood, it shall not be recon- <br />structed if cost is more than fifty percent of the market <br />value of the structure before the damage occurred, except <br />if it is reconstructed in conformity with the provisions <br />of this chapter. This limitation does not include the <br />cost of any alteratiom to comply with existing state or <br />local health, sanitary, building, or safety codes or regu- <br />lations or the cost of any alteration of a structure <br />listed on the National Register of Historic Places, a <br /> <br /> <br />