A structure or the use of a structure or premises which was lawful before the passage or amendment of the zoning chapter but which is not in conformity with the provisions of the zoning chapter may be continued subject to the following conditions:
(A) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
(B) Any 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 flood proofing classifications) allowable in the state building code, except as further restricted in division (C), below.
(C) The cost of any 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 chapter are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial flood plan controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceed 50% of the current market value of the structure, then the structure must meet the standards of §§ 151.050 through 151.053 and 151.070 through 151.074, hereof for new structures depending upon whether the structure is in the floodway or flood fringe, respectively.
(D) If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to the zoning chapter. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months.
(E) If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50% or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the zoning chapter. The applicable provisions for establishing new uses or new structures in §§ 151.050 through 151.053, 151.070 through 151.074 and 151.090 and 151.091, hereof will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or Le Sueur Creek District, respectively.
(Ord. 406, passed 11-27-1989)