Subd. 1. Continuance of nonconformities. 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 § 1101.02 Subd. 9. of this chapter, are subject to the provisions of a. through f. 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 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 floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in c. through g. below.
c. If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of §§ 1101.04 or 1101.05 of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. 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.
d. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this chapter. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year.
e. If any nonconformity is substantially damaged, as defined in § 1101.02 Subd. 9. of 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 §§ 1101.04 or 1101.05 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 § 1101.02 Subd. 9. of this chapter, it must not be reconstructed except in conformity with the provisions of this chapter.
g. Any substantial improvement, as defined in § 1101.02 Subd. 9. of this chapter, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of §§ 1101.04 or 1101.05 of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.
(Ord. 534, passed 10-24-2016)