A. Continuance Of Nonconformities: A use, structure or occupancy of a land which was lawful before the passage or amendment of these regulations but which is not in conformity with these provisions, may be continued subject to the following conditions:
1. A nonconforming use, structure or occupancy must not 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 in subsection A2 of this section. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.
2. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any floodproofing techniques, (i.e., FP1 through FP4 floodproofing classifications), allowable in the International Building Code, except as further restricted in subsection A4 of this section.
3. 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 these regulations.
4. If any structure experiences a substantial improvement as defined in these regulations, then the entire structure must meet the standards of section 11.54 or 11.55 of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If the current proposal, including maintenance and repair during the previous three hundred sixty five (365) days, plus the costs of any previous alterations and additions since the first Flood Insurance Rate Map exceeds fifty percent (50%) of the market value of any nonconforming structure, the entire structure must meet the standards of section 11.54 or 11.55 of this chapter.
5. If any nonconformity is substantially damaged, as defined in these regulations, it may not be reconstructed except in conformity with these provisions. The applicable provisions for establishing new uses or new structures in section 11.54 or 11.55 of this chapter will apply depending upon whether the use or structure is in the Floodway or Flood Fringe District, respectively. (Ord. 10, 7th Series, eff. 7-2-2018)