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 § 154.11, 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 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 flood proofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in divisions (C) and (E) of this section.
(C) If any nonconforming use is discontinued for l2 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 l2 months.
(D) If any nonconforming use or structure is substantially damaged, as defined in § 154.11, 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 §§ 154.26 and 154.27 will apply depending upon whether the use or structure is in the floodway or flood fringe district, respectively.
(E) If a substantial improvement occurs, as defined in § 154.11, 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 meet the requirements of § 154.26 or § 154.27 for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively.
(Ord. 7518, passed 12-23-2009)