§ 160.12 NON-CONFORMING USES.

   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.

   (A)   No such use shall be expanded, changed, enlarged or altered in a way which increases its non- conformity.

   (B)   Any 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 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 below.

   (C)   The cost of any 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 satisfied. The cost of all structural alterations and additions constructed since the adoption of the community’s initial floodplain controls must be calculated into today’s current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50% of the current market value of the structure, then the structure must meet the standards of §§ 160.26 and 160.27 of this chapter for new structures depending upon whether the structure is in the floodway or flood fringe, respectively.

   (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 which have been discontinued for a period of 12 months.

   (E)   (1)   If any non-conforming use or structure is destroyed by any means, including floods, to an extent of 50% or more if its market value at the time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter.

      (2)   The applicable provisions for establishing new uses or new structures in §§ 160.26, 160.27 and 160.28 of this chapter will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Floodplain District, respectively.

(Prior Code, § 0325(11.0))