§ 36-961. Continuance of nonconformities.

A use, structure, or occupancy of land which was lawful before the passage or amendment of this article but which is not in conformity with the provisions of this article may be continued subject to the following conditions. Historic structures, as defined in section 36-779 of this article, are subject to the provisions of subsections (1)—(3).

(1)

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 [subsection] (2) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.

(2)

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 [subsection] (4) below.

(3)

If any nonconformity is substantially damaged, as defined in section 36-779 of this article, it may not be reconstructed except in conformity with the provisions of this article. The applicable provisions for establishing new uses or new structures in division 4 or 5 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe [District], respectively.

(4)

Any substantial improvement, as defined in section 36-779 of this article, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of division 4 or 5 of this article for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.

( Ord. No. 2016-14 , § 11.1, 10-18-2016)