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 § 152.010 of this chapter, shall be subject to the provisions of divisions (A) through (E) of this section.
(A) No such use shall be expanded, changed, enlarged or altered in a way that increases its nonconformity.
(B) Any structural alteration to a nonconforming structure or nonconforming use in the floodway or flood fringe 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 flood proofing techniques (such as, FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in divisions (C) and (F) of this section. A structural addition to a nonconforming structure must be located outside of the floodway and must be elevated on fill to the regulatory flood protection elevation in accordance with § 152.040(A) of this chapter.
(C) 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 be located outside of the floodway and must meet the standards of § 152.040 of this chapter for new structures.
(D) 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.
(E) If any nonconforming use or structure is substantially damaged, as defined in § 152.010 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 §§ 152.025 through 152.028 and 152.040 of this chapter will apply depending upon whether the use or structure is in the floodway or flood fringe portion of the General Floodplain District. A substantially damaged nonconforming structure shall not be repaired/reconstructed if said nonconforming structure is located in the floodway.
(F) If a substantial improvement occurs, as defined in § 152.010 of this chapter, from any combination of a structural addition to the outside dimensions of the existing structure or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming structure, then the structural addition and the existing nonconforming structure must meet the requirements of § 152.040 of this chapter for new structures, depending upon whether the structure is in the floodway or flood fringe portion of the General Floodplain District. A nonconforming structure shall not be substantially improved if said structure is located in the floodway.
(Ord. 3-2012, passed 3-6-2012)