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 § 152.08, shall be subject to the provisions of divisions (A) through (D) below.
(A) No use shall be expanded, changed, enlarged, or altered in a way which increases its non-conformity.
(B) A structural alteration within the inside dimensions of a non-conforming use or structure is permissible provided it utilizes flood-resistant materials so as not to result in increasing the flood damage potential of that use or structure. A structural addition to a structure must be elevated to the regulatory flood protection elevation in accordance with § 152.26(B)(5).
(C) The cost of all structural alterations or additions to any non-conforming structure over the life of the structure 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 must include all costs such as construction materials, and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of the structure, then the structure must meet the standards of § 152.26(A)(2) for new structures.
(D) If any non-conforming use of a structure or land, or non-conforming structure, is substantially damaged, as defined by § 152.08, it shall not be reconstructed except in conformity with the provisions of this chapter. The Building Official may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this chapter.
(E) If a substantial improvement occurs, as defined in § 152.08, 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 existing non-conforming building, then the building addition and the existing non-conforming building must meet the requirements of § 152.26(A)(2) for new structures, depending upon whether the structure is in the floodway or flood fringe, respectively.
(Ord. 262, passed 10-12-2009)