§ 156.457 NONCONFORMING FLOODWAY/FLOODWAY FRINGE/ FLOOD PLAIN.
   (A)   In a floodway (FW) district, no nonconforming use may be expanded or enlarged nor can a building undergo substantial modification without a permit for construction in a floodway from Natural Resources.
   (B)   In a floodway fringe (FF) district a building which constitutes a nonconforming use may undergo substantial modification provided such modification is on a one-time only basis and further provided that such modification does not increase the value of the building, by more than 40% of its preimprovement market value, (excluding the value of land) unless such building is permanently changed to a conforming use,
   (C)   A nonconforming use in a floodplain (FP) district may be altered, enlarged, or extended, on a one-time-only basis, provided the procedures set forth in the ordinance codified in this section with respect to new construction in a floodplain (FP) district are followed and further provided such alterations, enlargements, or extensions do not increase the value of the building structure, or other use (excluding the value of land) by more than 40% of its pre-improvement market value, unless such building, structure, or use is permanently changed io a conforming use.
   (D)   Any nonconforming use in the FW, FF, and FP district which is damaged by flood, fire, explosion, act of God, or the public enemy may be restored to its original dimensions and conditions, provided the damage does not reduce the value of the buildings, excluding the value of the land, by more than 40% of is pre-damage value.
(Ord. 09-0008, passed 4-27-2009)