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<br />Draft 4 <br /> <br />6.6 Exemptions - Nonconforming Structures or Uses. The provisions <br />of these regulations shall not apply to a nonconforming <br />structure or use existing on the date the area in which the <br />nonconforming structure or use is located becomes subject to <br />regulation. When such nonconforming use is discontinued for <br />six months or more, or when such nonconforming structure is <br />damaged or destroyed by flood, fire, wind, or ay other means <br />to the extent of at least fifty percent (59%) of the market <br />value, as determined by the Permitting Authority, any reuse, <br />reconstruction, or replacement of such structure or use shall <br />be deaned a new use and shall be subject to the provisions of <br />these regulations, including the requirement to apply for and <br />obtain a Floodplain Developnent Permit. Nonconforming <br />structures or uses shall not be expanded upon or, if removed, <br />shall not be reinstalled or reconstructed as nonconforming <br />structures or uses without being considered new structures or <br />uses and becoming subject to these regulations. Substantial <br />improvement, as herein defined, to any nonconforming structure <br />or use will be permitted if, and only if, the structure or use <br />is designated as a conforming structure or use and all other <br />applicable provisions of these regulations have been met, <br />subject to the provisions of the underlying zoning <br />district (s) . Moreover, the provisions of these regulations <br />shall not apply to ay device or structure reasonably necessary <br />for the diversion or storage of water or for flood control or <br />prevention, so long as such device or structure has been <br />appropriately designed and constructed to minimize potential <br />flood hazards. <br /> <br />6.7 Inter;pretation of Official Maps. Where interpretation is <br />needed as to the exact location of the boundaries of <br />floodplains or subdivisions thereof, the J\drninistrator may <br />make the necessary interpretation by referring, as necessary, <br />to the engineering study upon which the maps and elevations <br />are based, to the professional engineers who prepared the <br />study, to the Colorado Water Conservation Board, and/or the <br />Federal Emergency Management Agency. If available, the base <br />flood elevations, as shCMIl on the flood profiles and in the <br />elevation tables, shall be the governing factor in determining <br />accurate boundaries and shall take precedence over the <br />boundaries shCMIl on the maps. <br /> <br />6.8 Warning and Disclaimer of Liahilit;y. The degree of flood <br />protection required by this ordinance is considered reasonable <br />for regulatory purposes and is based on scientific and <br />engineering considerations. Larger floods can and will occur <br />on rare occasions. Flood heights may be increased by man-made <br />or nabJral causes. This ordinance does not imply that land <br />outside the Areas of Special Flood Hazards or uses permitted <br />within such areas will be free frOOl flooding or flood damages. <br />This ordinance shall not create liability on the part of the <br />Town of Frisco, any officer or employee thereof, or the <br />Federal Emergency Management Agency, or the Colorado Water <br />Conservation Board, for any flood damages that may result frOOl <br />reliance on this ordinance or any administrative decision <br />lawfully made thereunder. <br /> <br />Page 11 <br />