A structure or the use of a structure or premises which was lawful before the initial adoption or amendment to floodplain controls contained in this subchapter or similar to those contained herein but which now is not in conformity with the provisions of this subchapter may be continued subject to the provisions of § 153.002 of this chapter and the following conditions.
(A) No such use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity.
(B) Any alteration or addition to a non-conforming structure or non-conforming 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 through FP-4 flood-proofing classifications) allowable in the State Building Code, except as further restricted below.
(C) The current cost of all structural alterations or additions to any non-conforming structure over the life of the structure shall not exceed 50% of the current market value of the structure on the date it became a non-conforming use unless the conditions of this subchapter are satisfied. The cost of all structural alterations and additions constructed since the adoption of the city’s initial floodplain 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 exceeds 50% of the current market value of the structure, then the structure must meet the standards of § 153.082 of this chapter for new structures. It is the intent of this provision that all values be adjusted to present day values for an as equal a comparison as possible.
(D) If any non-conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this subchapter. The real estate tax assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses which have been discontinued for such a period.
(E) If any non-conforming 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 this subchapter. The applicable provisions for establishing new uses or new structures in § 153.083 of this chapter will apply.
(F) The Zoning Administrator shall prepare a list of those non-conforming uses which have been flood-proofed or otherwise adequately protected in conformity with § 153.088(D)(4) of this chapter. He or she shall present the list to the Council which may issue a certificate to the owner stating that the uses, as a result of these corrective measures, are in conformity with the provisions of this subchapter.
(Prior Code, § 11.10)