§ 159.227  NON-CONFORMING USES IN THE FLOOD HAZARD (FH) DISTRICT.
   (A)   Non-conforming Status for Flood Hazard (FH) District.  Any building, structure, or other use in the Flood Hazard (FH) District which is not in conformance with this chapter constitutes a non- conforming use.
   (B)   Structural Alteration or Enlargement in a Floodway.  In a floodway, no non-conforming use may be expanded or enlarged nor can a building undergo substantial modification without a permit for construction in floodway from the Indiana Department of Natural Resources.
   (C)   Structural Modification in a Floodway Fringe or Flood Plain.  In a floodway fringe or flood plain, a building which constitutes a non-conforming use may undergo substantial modification provided such modification is on a one-time-only basis and further provided that such modification does not increase the value of the building by more than 40% of its pre-improvement market value (excluding the value of land), unless such building is permanently changed to a conforming use.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 10-03-13, passed 4-9-13)  Penalty, see § 159.999