A use, structure, or occupancy of land 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:
(A) Within the Floodway and General Floodplain Districts (when a site has been determined to be located in the floodway following the procedures in § 151.077, or when the floodway has not been delineated), any expansion or enlargement of uses or structures is prohibited.
(B) Within all districts, any addition, modification, rehabilitation, repair, or alteration shall be in conformance with the provisions of this chapter, shall not increase the flood damage potential or increase the degree of obstruction to flood flows, and where applicable, must be protected to the Regulatory Flood Protection Elevation (RFPE).
(C) If any nonconforming structure is determined to be substantially damaged or substantially improved based on the procedures in § 151.131, it may not be reconstructed except in conformity with the provisions of this chapter.
(D) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this chapter.
(E) If any nonconforming structure has utilities, electrical, or mechanical equipment damaged due to flooding, it must be rebuilt in conformance with the elevation requirements in § 151.037(A)(4) to the greatest extent practicable. This requirement shall apply regardless of the determinations made in § 151.131.
(Ord. 406, passed 11-27-1989; Ord. 607, passed 7-8-2024)