Continuance of nonconformities. A use, structure, or occupancy of land 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. Historic structures, as defined in § 152.010, are subject to the provisions below.
(A) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in division (B) below. Expansion or enlargement of uses, structures, or occupancies within the Floodway District is prohibited.
(B) Any addition or structural alteration to a nonconforming structure or nonconforming use that 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 floodproofing techniques (for example, FP1 through FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in division (D) below.
(C) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this subchapter.
(D) If any structure experiences a substantial improvement as defined in this chapter, then the entire structure must meet the standards of §§ 152.147 or 152.148 for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If the current proposal, including maintenance and repair during the previous 365 days, plus the costs of any previous alterations and additions since the first Flood Insurance Rate Map exceeds 50% of the market value of any nonconforming structure, the entire structure must meet the standards of §§ 152.147 or 152.148.
(E) If any nonconformity is substantially damaged as defined in 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 §§ 152.147 or 152.148 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.
(F) If any nonconforming use or structure experiences a repetitive loss, as defined in § 152.010, it must not be reconstructed except in conformity with the provisions of this subchapter.
(Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)