A. Non-Conforming Structures Or Uses: A structure or use which is not in conformity with the provisions of this chapter is subject to the following:
1. Riparian Setback District:
a. Maintenance: All legally established, nonconforming structures can be maintained (e.g., painting and non-structural repairs).
b. Relocation: A nonconforming structure that is moved any distance shall comply with current regulations of this title.
c. Alteration: Legally established nonconforming residential structures may be altered within their existing building footprint. Additionally, attached decks, porches, and patios may be altered in their existing footprint, excluding the addition of permanent roof structures.
d. Restoration: A nonconforming structure or a structure containing a nonconforming use which has been damaged by unintentional causes may be restored to its original condition. A nonconforming building or use that is moved or torn down by the owner cannot be replaced within the setback.
e. Expansion: Structures or uses located wholly within a designated setback shall not be expanded. When a structure is partially located within a setback, the portion located outside of the setback shall not be considered non-conforming.
(1) Residential and non-residential: Conforming portions of structures may be expanded through the administrative process subject to the following provisions:
(A) No portion of the expansion shall be within the required riparian setback.
(B) The expansion must not impact any stream channel, overflow channel or special flood hazard area.
2. Floodplain Overlay District:
a. Modification: Structural alterations, repairs, or improvements of a non-conforming structure are allowed provided they do not result in substantial improvement.
b. Expansion: Any addition to a non-conforming structure shall meet the requirements of this chapter for new construction. If any single addition or combination of additions to a non-conforming structure result in substantial improvement, then the entire structure shall meet the requirements of this chapter for new construction.
c. Maintenance: Maintenance (e.g., painting and other non- structural repairs) is allowed and is not considered a modification. Any cost associated with maintenance shall not be counted towards modification or expansion.
B. Building Envelopes: Platted subdivision lots which contain designated building envelopes may be developed pursuant to the conditions on that subdivision plat without the necessity of obtaining a variance or conditional use permit, provided that the site alteration, including yardscape, does not intrude into the riparian setback farther than the designated building envelope or previously approved structure. If the building envelope is within the SFHA, the requirements of subsection 9-17-6E of this chapter shall apply. (Ord. 88-4, 9-13-1988; amd. Ord. 91-9, 7-22-1991; Ord. 2019-02, 1-8-2019)