A. 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 section 13-1-3 of this chapter, shall be subject to the provisions of subsections A1 through A5 of this section.
1. No such 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 for substantial improvements in subsection A6 of this section.
3. Reserved for future use.
4. If any nonconforming use is discontinued for twelve (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 twelve (12) months.
5. If any nonconforming use or structure is substantially damaged, as defined in section 13-1-3 of this chapter, 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 sections 13-1-5 and 13-1-6 of this chapter will apply depending upon whether the use or structure is in the floodway or flood fringe district, respectively.
6. If a "substantial improvement" occurs, as defined in section 13-1-3 of this chapter, 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 be the elevation on fill or FP-1 or FP-2 dry floodproofing requirements of section 13-1-5 or 13-1-6 of this chapter for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively. If a substantial improvement occurs only from a building addition, the existing structure must also meet the elevation on fill or FP-1 or FP-2 dry floodproofing requirements for new structures if any alteration is made to the common wall in excess of installing a standard doorway. (Ord. 260, 2-21-2006)
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