§ 151.03.38 NONCONFORMING USES.
   (A)   Conformity; unlawful repair or existence. A structure or the use of a structure or premises that was lawful before the passage or amendment of this part, but which is not in conformity with the provisions of this part, may be continued subject to the following conditions. Historic structures, as defined in Chapter 154 Definitions, shall be subject to the provisions of this section.
   (B)   Expansion, changes, and the like prohibited. No use or structure shall 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. Expansion or enlargement of uses, structure, or occupancies within the Floodway District is prohibited.
   (C)   Alterations and additions. Any alteration or addition to a nonconforming structure or nonconforming use that 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 allowable in the State Building Code (i.e., FP-1 through FP-4 floodproofing classifications), except as further restricted below.
   (D)   Discontinuance of structure or use. If any nonconforming use is discontinued for more than 12 consecutive months, any future use of the building premises shall conform to this part. The assessor shall notify the Zoning Administrator, in writing, of instances of nonconforming uses that have been discontinued for a period of 12 months.
   (E)   Destruction; reconstruction prohibited.
      (1)   If any nonconforming use or structure is substantially damaged, as defined in Chapter 154 Definitions, it shall not be reconstructed except in conformity with the provisions of this part. The applicable provisions for establishing new uses or new structures will apply depending upon whether the use or structure is in the Floodway or Flood Fringe District, respectively.
      (2)   If any nonconforming use or structure experiences a repetitive loss, it shall be considered substantially damaged and must not be reconstructed except in conformity with the provisions of this part.
   (F)   Conformity. If a substantial improvement occurs, as defined in Chapter 154 Definitions, then the entire structure must meet the requirements of this part 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, plus the costs of any previous alterations and additions since the first flood insurance rate map exceeds 50% of the market value of any nonconforming structure, the entire structure must meet the requirements of this part for new structures.
   (G)   Structures within the regulatory floodplain, as identified in § 151.03.31(G)(3), but outside of the 1% annual chance floodplain, are exempt from subsections (E) and (F) of this section.
(Ord. 20220120-01, passed 1-20-22)