(A) A use, structure or occupancy of land 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.
(B) Historic structures, as defined in § 152.003(B) of this chapter, are subject to the provisions of divisions (B)(1) through (B)(7) below.
(1) Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.
(2) Any addition or structural alteration to a non-conforming structure or non-conforming use which would result in increasing its flood damage potential must 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 through FP-4 flood-proofing classifications) allowable in the state’s Building Code, except as further restricted in divisions (B)(3) through (B)(7) below.
(3) If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of any non-conforming structure, then the entire structure must meet the standards of this chapter for new structures. For property subject to floodplain overlay ordinance restrictions herein depending upon whether the structure is in the Floodway or Flood Fringe District, respectively, the cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor.
(4) If any non-conforming use, or any use of a non-conforming structure, is discontinued for more than one year, any future use of the premises must conform to this chapter. The Assessor must notify the Zoning Administrator in writing of instances of non-conformities that have been discontinued for a period of more than one year.
(5) If any non-conformity is substantially damaged, as defined in § 152.003(B) of this chapter, it may not be reconstructed, except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in § 152.056(D) and (E) of this chapter will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.
(6) If any non-conforming use or structure experiences a repetitive loss, as defined in § 152.003(B) of this chapter, it must not be reconstructed, except in conformity with the provisions of this chapter.
(7) Any substantial improvement, as defined in § 152.003(B) of this chapter, to a non-conforming structure requires that the existing structure and any additions must meet the requirements of this chapter. Properties subject to the floodplain overlay ordinance must also meet the requirements of § 152.056(D) and (E) of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.
(Ord. 332, passed 5-19-2008) Penalty, see § 152.999