In addition to the provisions of chapter 15 of this title, a structure or the use of a structure or premises which was lawful before the passage or amendment of the FP district but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions:
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 floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the state building code, except as further restricted in subsection D of this section.
D. If a "substantial improvement" occurs, as defined in section 11-2-3 of this title, 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 section 11-101-11 or 11-101-13 of this chapter for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively. If a substantial improvement occurs only from a building addition, then the building addition must meet the elevation on fill or FP-1 or FP-2 dry floodproofing requirements of section 11-101-11 or 11-101-13 of this chapter for new structures and the existing structure must also meet the elevation on fill or FP-1 or FP-2 dry floodproofing requirements of section 11-101-11 or 11-101-13 of this chapter for new structures if any alteration is made to the common wall in excess of installing a standard doorway. (Ord. 883, 9-19-2011)
E. Historic structures, as defined in 44 code of federal regulations, part 59.1, shall be subject only to the provisions of subsections A, B and C of this section. (Ord. 888, 2-21-2012)