Sec. 27-251.  Nonconforming use - Flood Plain Overlay.

A structure or the use of structure or premises which was lawful before the original enactment or subsequent amendment of this division but which is not in conformity with the provisions of this division may be continued subject to the following conditions:

(1)       No such use or substantial improvement of that use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.

(2)       If such use is discontinued for twelve (12) consecutive months, any future use of the building or premises shall conform to this division. 

(3)       Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.

(4)       When any nonconforming use or structure is destroyed by any means, including flood, to the extent that more than fifty percent (50%) of the floor area requires reconstruction or to the extent of more than fifty percent (50%) of its replacement cost at the time of the damage or destruction, the nonconforming use or structure shall not be restored within those areas identified as floodway (FW).  This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. 

Source:  Ord. No. 4603, § 1, 9-16-02