§ 12.27  NON-CONFORMING USES.
   A structure or the use of a structure or premises 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. Historic structures, as defined in § 12.10, Subd. 26, shall be subject to the provisions of § 12.27, Subd. 1 through Subd. 5.
   Subd. 1.   No such use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity.
   Subd. 2.   Any alteration or addition to a non-conforming structure or non- conforming 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 (such as FP-1 thru FP-4 flood-proofing classifications) allowable in the current adopted State Building Code, except as further restricted in Subd. 3 and Subd. 6 below.
   Subd. 3.   The cost of any structural alterations or additions to any non-conforming structure during a period extending back ten years from the commencement of the current structural alterations or addition shall not exceed 50% of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed during a period extending back ten years from the commencement of the current structural alterations or addition 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 during said ten year period exceeds 50% of the current market value of the structure, then the
structure must meet the standards of §§ 12.13, 12.14 or 12.15 for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively.
   Subd. 4.   If any non-conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter. The Assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses which have been discontinued for a period of 12 months.
   Subd. 5.   If any non-conforming use or structure is substantially damaged, as defined in § 12.10, Subd. 25, it shall not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in §§ 12.13, 12.14 or 12.15 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe, or General Flood Plain District respectively.
   Subd. 6.   If a substantial improvement occurs, as defined in § 12.10, Subd. 26, 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 exiting non-conforming building, then the building addition and the existing non-conforming building must meet the requirements of §§ 12.13 and 12.14 for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.
(`80 Code, § 12.27) (Am. Ord. 572, passed 7-20-09; Am. Ord. 602, passed 8-19-13) Penalty, see § 12.99