A use, structure, or occupancy of land which was lawful before the effective date 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 § 154.020 of this chapter, 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 below in this section. 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 allowable in the State Building Code, except as further restricted below in this section.
(C) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than 1 year, any future use of the premises must conform to this subchapter.
(D) If any structure experiences a substantial improvement, as defined in § 154.020, then the entire structure must meet the standards of §§ 154.512 or 154.513 of this subchapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If the proposed development, including maintenance and repair during the previous 365 days, exceeds 50% of the market value of any nonconforming structure, the entire structure must meet the standards of §§ 154.512 or 154.513 of this subchapter.
(E) If any nonconformity is substantially damaged, as defined in § 154.020, 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 §§ 154.512 or 154.513 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 § 154.020, it shall be considered substantially damaged and must not be reconstructed except in conformity with the provisions of this chapter.
(Ord. 2020-09, passed 1-4-2021; Am. Ord. 2023-05, passed 8-28-2023)