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(1) No such use shall be expanded, changed, enlarged,or altered in a way that <br /> increases its nonconformity. <br /> (2) Any structural alteration or addition to a nonconforming structure or <br /> nonconforming use which would result in increasing the flood damage potential <br /> of that structure or use shall be protected to the Regulatory Flood Protection <br /> Elevation in accordance with any of the elevation on fill or flood proofing <br /> techniques(i.e.,FP-1 thru FP-4 floodproofing classifications) allowable in the <br /> State Building Code, except as further restricted in(3)and(6)below. <br /> (3) The cost of any structural alterations or additions to any nonconforming structure <br /> over the life of the structure shall not exceed 50 percent of the market value of <br /> the structure unless the conditions of this Section are satisfied. The cost of all <br /> structural alterations and additions constructed since the adoption of the <br /> Community's initial flood plain controls must be calculated into today's current <br /> cost which will include all costs such as construction materials and a reasonable <br /> cost placed on all manpower or labor. If the current cost of all previous and <br /> proposed alterations and additions exceeds 50 percent of the current market value <br /> of the structure,then the structure must meet the standards of Division 4 or 5 of <br /> this Ordinance for new structures depending upon whether the structure is in the <br /> Floodway or Flood Fringe District,respectively. <br /> (4) If any nonconforming use is discontinued for 12 consecutive months,any future <br /> use of the building premises shall conform to this Ordinance. The Assessor shall <br /> notify the Planning Director in writing of instances of nonconforming uses that <br /> have been discontinued for a period of 12 months. <br /> (5) If any nonconforming use or structure is substantially damaged, as defined in <br /> Section 78-1111(a)(21)of this Ordinance,it shall not be reconstructed except in <br /> conformity with the provisions of this Ordinance. The applicable provisions for <br /> establishing new uses or new structures in Divisions 4, 5 or 6 will apply <br /> depending upon whether the use or structure is in the Floodway,Flood Fringe or <br /> General Flood Plain District,respectively. <br /> (6) If a substantial improvement occurs, as defined in Section 78-1111(a)(22)of this <br /> Ordinance,from any combination of a building addition to the outside <br /> dimensions of the existing building or a rehabilitation,reconstruction,alteration, <br /> or other improvement to the inside dimensions of an existing nonconforming <br /> building,then the building addition(as required by Section 78-1136(2)above) <br /> and the existing nonconforming building must meet the requirements of <br /> Divisions 4 or 5 of this Ordinance for new structures, depending upon whether <br /> the structure is in the Floodway or Flood Fringe District,respectively. <br /> DNISION 12.PENALTIES FOR VIOLATION <br /> Sec.78-1137 Violations <br /> Violation of the provisions of this Ordinance or failure to comply with any of its <br /> requirements(including violations of conditions and safeguards established in connection with <br /> grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as <br /> defined by law. <br /> Page 22 of 24 <br />