[R.O. 2009 §17.44.210]
A structure or the use of a structure or premises which was lawful before the passage or amendment of the original floodplain ordinance, but which is not in conformity with the provisions of this Chapter, may be continued subject to the following conditions:
If such use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this Chapter. The Board of Municipal Utilities (Utility Department) shall notify the Planning Coordinator in writing of any location that has had utility services disconnected for a period of twelve (12) months.
Uses of adjuncts thereof, which are or become nuisances, shall not be entitled to continue as non-conforming uses.
If any non-conforming use structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the market value of the structure before the damage occurred, except that if it is reconstructed in conformity with the provisions of this Chapter.
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.