A use, structure, or occupancy of land 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. Historic structures, as defined in § 152.015 of this chapter, are subject to the provisions below.
(A) 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 division (B) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.
(B) 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 of the elevation on fill or flood proofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in division (D) below.
(C) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one (1) year, any future use of the premises must conform to this chapter.
(D) If any structure experiences a substantial improvement as defined in this chapter, then the entire structure must meet the standards of §§ 152.040 through 152.053 of this chapter 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 three hundred and 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 §§ 152.040 through 152.053 of this chapter.
(E) If any nonconformity is substantially damaged, as defined in this chapter, it may not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in §§ 152.040 through 152.053 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.
(F) If any nonconforming use or structure experiences a repetitive loss, as defined in § 152.015 of this chapter, it must not be reconstructed except in conformity with the provisions of this chapter.
(G) Structures located in the Flood Prone District shall not be considered nonconformities and shall not be subject to the provisions of this section.
(Ord. 481, passed 2-16-2021)