(A) A structure or the use of a structure or premises which was lawful before the passage or amendment of this subchapter but which is not in conformity with the provisions of this subchapter may be continued subject to the following conditions.
(B) Historic structures, as defined in § 152.746(H) of this subchapter, shall be subject to the provisions of division (B)(1) through (B)(5) below.
(1) No use shall be expanded, changed, enlarged or altered in a way that increases its nonconformity.
(2) Any structural alteration or addition to a nonconforming structure or nonconforming 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 floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in division (A)(3) and (A)(6) below.
(3) The cost of all structural alterations or additions to any nonconforming 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 §§ 152.749 or 152.750 of this subchapter for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.
(4) If any nonconforming 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 nonconforming uses that have been discontinued for a period of 12 months.
(5) If any nonconforming use or structure is substantially damaged, as defined in § 152.746(H) of this subchapter, it shall not be reconstructed except in conformity with the provisions of this subchapter. The applicable provisions for establishing new uses or new structures in §§ 152.749, 152.750 or 152.751 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Floodplain District, respectively.
(6) If a substantial improvement occurs, as defined in § 152.746(H) of this subchapter, 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 nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of § 152.749 or § 152.750 of this subchapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.
(Ord. 296, passed 9-17-2009)