§ 152.100  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 § 152.018, are subject to the provisions of divisions (A) through (E) below.
   (A)   A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its nonconformity. Expansion or enlargement of uses, structures or occupancies within the floodway district is prohibited.
   (B)   Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in divisions (C) and (G).
   (C)   The cost of all structural alterations or additions to any nonconforming structure over the life of the structure may not exceed 50% of the market value of the structure unless the conditions of this section 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 §§ 152.031 and 152.033 or §§ 152.041 and 152.043 for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively.
   (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 § 152.018, 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 §§ 152.031 and 152.033 or §§ 152.041 and 152.043 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 § 152.018 of this chapter, it must not be reconstructed except in conformity with the provisions of this chapter.
   (G)   Any substantial improvement, as defined in § 152.018, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of §§ 152.031 and 152.033 or §§ 152.041 and 152.043 for new structures, depending upon whether the structure is in the floodway or flood fringe district.
(Ord. 1079, passed 4-14-14)