1177.21 NONCONFORMING USES.

   (a)    A structure or the use of a structure or premises 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.

   (b)    No such use shall be expanded, changed, enlarged, or altered in any way which increases its nonconformity.

   (c)    No structural alteration, addition or repair to any nonconforming structure over the life of the structure shall exceed fifty percent of its value at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming use.

   (d)    If such use is discontinued for two years or more any future use of the building premises shall conform to this chapter. The Building Commissioner shall notify the Board of Appeals in writing of instances of nonconforming uses which have been discontinued for a period of one year.

   (e)    If any nonconforming use or structure is destroyed by any means, including floods, to an extent of fifty percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this chapter. Provided that the Board of Appeals may permit reconstruction if the use or structure is located outside the floodway and upon reconstruction, is adequately and safely floodproofed, elevated or otherwise protected in conformity with Section 1177.20(e).

   (f)    Uses of adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.

   (g)    Except as provided in subsection (f) hereof, any use which has been permitted as a special exception use shall be considered a conforming use.

   (h)    Any alteration, addition or repair to a nonconforming structure which would substantially increase its flood damage potential shall be protected by measures pursuant to Section 1177.20(e).

   (i)    The Building Commissioner shall prepare a list of those nonconforming uses which have been floodproofed or otherwise adequately protected in conformity with Section 1177.20(e). He shall present such list to the Board of Appeals which may issue a certificate to the owner stating that such uses, as a result of these corrective measures, are in conformity with the provisions of this chapter.

(Ord. 76-23. Passed 12-20-76.)