(a) Improvements to, or Reconstruction of, Existing Nonconforming Development:
(1) Any structure which is substantially improved at a cost equal to or exceeding fifty (50) percent of the full cash value of the structure as shown on the latest assessment rolls of the county assessor either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred, shall conform to these regulations. At the time of improving or reconstructing the existing structure or development, floodproofing (nonresidential structures only) may be considered as one of the means of bringing it in compliance with this chapter.
For the purpose of determining the value of any such construction, repair or alteration, the normal retail value of the materials and the reasonable value of labor performed shall be used.
(2) Floodplain administrator or designee shall review all improvements to a structure and track all changes over a cumulative ten (10) year period for compliance.
(3) For the purpose of this chapter, "substantial improvement" is also considered to occur, but is not limited to, when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
(4) No person shall repair or alter property in any manner so as to avoid the provisions of this section.
(b) Discontinuance of Nonconforming Development: In the event that the use of a nonconforming development is discontinued for a period of twelve (12) consecutive months, any further use thereof shall be in conformity with the provisions of these regulations.
(c) Condominium Conversions: These regulations shall not apply to an existing legally constructed building which is subdivided for the purpose of conversion to condominium ownership as long as "substantial improvement" guidelines stated in subsections (a)1--3 of this section are met.
(Ord. No. 7407, § 5, 6-25-90; Ord. No. 11396, § 1, 8-9-16)