Any building, structure or other use that does not conform to § 151.147 is a non-conforming use and is subject to the following provisions:
(A) A non-conforming use may be altered, enlarged or extended on a 1-time-only basis, provided that:
(1) The lowest ground floor elevation of any addition to an existing building is at least 2 feet above the ordinary high water mark;
(2) The proposed alterations, enlargements or extensions, excluding improvements made solely to comply with state or local health, sanitary or safety codes or to assure safe living conditions, do not increase the value of the use by more than 40% of its pre-improvement market value, excluding the value of the land; and
(3) No extension of a non-conforming use that does not conform to the setback requirements of § 151.147(A) shall be constructed in the direction of a Wetland District.
(B) A non-conforming use that is damaged by accident, flood, fire, explosion, natural disaster or the public enemy may be restored to its original dimensions and condition provided the damage does not reduce the value of the use, excluding the value of the land, by more than 40% of its pre-damaged value.
(1979 Code, § 151.118) (Ord. 4370, passed 7-20-1998) Penalty, see § 151.999