(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) Historic structures, as defined in § 160.11 of this chapter, shall be subject to the provisions of divisions (B)(1) through (B)(5) below.
(1) No such use shall be expanded, changed, enlarged or altered in a way that increases its non- conformity.
(2) Any structural alteration or addition to a non-conforming structure or non-conforming use that 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 flood-proofing techniques (i.e., FP-1 through FP-4 flood-proofing classifications) allowable in the state’s Building Code, except as further restricted in divisions (B)(3) and (B)(6) below.
(3) 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 conditions of this chapter are satisfied. 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 §§ 160.26 or 160.27 of this chapter for new structures depending upon whether the structure is in the Floodway or Flood Fringe Districts, respectively.
(4) 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.
(5) If any non-conforming use or structure is substantially damaged, as defined in § 160.11 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 §§ 160.26, 160.27 or 160.28 of this chapter apply based on whether the use or structure is in the Floodway, Flood Fringe or General Floodplain Districts, respectively.
(6) If a substantial improvement occurs, as defined in § 160.11 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 §§ 160.26 or 160.27 of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe Districts, respectively. A non-conforming structure shall not be substantially improved if the structure is located in the floodway.
(Prior Code, § 530.21) (Ord. 2012-05, passed 3-7-2012)