The owner or operator of a structure or the use of a structure or premises that was lawful before the city adopts this chapter, but that does not meet the provisions of this chapter may continue to own and use the structure and property, subject to the following conditions (there are no known historic structures in the city).
(A) No owner or operator shall expand, change, enlarge or alter a non-conforming use or structure in a way that increases its non-conformity.
(B) (1) The owner or operator proposing to alter or add on to, or make any change to a non-conforming structure, property or non-conforming use in the floodway or flood fringe district may do so if:
(a) They protect the entire building, structure or use to the regulatory flood protection elevation; or
(b) The alterations or changes would occur within the inside dimensions of the building or structure and if the construction methods for the alteration uses flood resistant materials that do not result in an increase to the flood damage potential of that use or structure.
(2) In all cases, the owner or operator must provide the required protection in accordance with any of the elevation on fill or flood-proofing techniques (such as, FP-1 through FP-4 flood-proofing classifications) allowable in the state’s Building Code, except as further restricted in divisions (C) and (F) below.
(C) The cost of all structural alterations or additions to any non-conforming structure over the life of the structure shall not exceed 50% of the market value of the structure unless the owner satisfies the conditions of this section. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of the structure, then the structure must meet the standards of §§ 154.027 and 154.028 of this chapter for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.
(D) If the owner or operator of a building or a property discontinues any non-conforming use for 12 consecutive months, then thereafter owner or operator and the use of the building or the premises shall meet all the provisions of this chapter. The city shall request that the County Assessor notify the city in writing of instances where the county has information about the user or property owner having discontinued the use of a non-conforming use or property for a period of 12 months.
(E) (1) If any non-conforming use or structure is substantially damaged, as defined in § 154.011 of this chapter, the owner shall not reconstruct the use or structure, except when such construction or reconstruction would meet the provisions of this chapter. The applicable provisions for establishing new uses or new structures listed in §§ 154.027 and 154.028 of this chapter will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Floodplain District, respectively. The city does not allow the owner of a non-conforming structure that is in the floodway that is substantially damaged to repair or reconstruct the structure.
(2) Any non-conforming use that the city determines is a nuisance shall not be entitled to continue as a non-conforming use.
(F) If an owner or user of a property makes a substantial improvement to a property, as defined in § 154.011 of this chapter, including any combination of a building or structural addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing non-conforming building, then the building addition and the existing non-conforming building must meet the requirements of §§ 154.027 and 154.028 of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. A non-conforming structure shall not be substantially improved if the structure is located in the floodway.
(Prior Code, § 1301.11)