(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. Historic structures, as defined in § 154.011 of this chapter, shall be subject to the provisions of this section.
(B) No such use shall be expanded, changed, enlarged or altered in a way that increases its non-conformity.
(C) Any structural 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 floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted below.
(D) If any non-conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter. The Assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses that have been discontinued for a period of 12 months.
(E) If any non-conforming use or structure is substantially damaged, as defined in § 154.011 of this chapter, it shall not be reconstructed, except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in §§ 154.040 through 154.043, 154.055 through 154.059 and 154.070 and 154.071 of this chapter will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Floodplain District, respectively.
(F) If a substantial improvement occurs, as defined in § 154.011 of this chapter, from any combination of a building 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 §§ 154.040 through 154.043 and 154.055 through 154.059 of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If a substantial improvement occurs only from a building addition, then the building addition must meet the elevation on fill or FP-1 or FP-2 dry floodproofing requirements of §§ 154.040 through 154.043 and 154.055 through 154.059 of this chapter for new structures and the existing structure must also meet the elevation on fill or FP-1 or FP-2 dry floodproofing requirements of §§ 154.040 through 154.043 and 154.055 through 154.059 of this chapter for new structures if any alteration is made to the common wall in excess of installing a standard doorway.
(Ord. 1475, passed 11-1-2011)