(a) A non-conforming use within a riparian and wetland setback which is in existence at the time of passage of this chapter, and which is not otherwise permitted under this chapter, may be continued. However, the use shall not be changed or enlarged unless it is changed to a use permitted under these regulations.
(b) A non-conforming structure within a riparian and wetland setback which is in existence at the time of passage of this chapter, and which is not otherwise permitted under these regulations, may be continued. However, the existing building footprint or roof line may not be expanded or enlarged in such a way that would move the structure closer to the stream or wetland.
(c) A non-conforming structure or use or deteriorated structure within a riparian and wetland setback which is in existence at the time of passage of this chapter, and which is discontinued, terminated, or abandoned for a period of six months or more, may not be revived, restored, or reestablished. This section shall also not prohibit ordinary repairs to a residence or residential accessory building that are not in conflict with other provisions in this chapter.
(d) A non-conforming structure or use that is discontinued may be resumed any time within six months from such discontinuance but not thereafter. No change or resumption shall be permitted that is more detrimental to riparian and wetland setbacks, as measured against the intent and objectives of these regulations as determined by the City of Brook Park, than the existing or former non-conforming structure or use.
(e) In the case of a non-conforming structure within a riparian or wetland setback, the City of Brook Park will allow a ten-foot maintenance access zone measured perpendicular to the structure, to temporarily extend further into the setback as long as disturbance to existing vegetation is minimized and vegetation is restored to the pre-existing state, as near as practical, upon completion. If any soil disturbance in a wetland will occur as part of any such maintenance activity, a permit from the U.S. Army Corps of Engineers or the Ohio EPA, as appropriate, must be submitted prior to onset of the soil disturbing activity.
(f) In the case of a non-conforming structure, the City of Brook Park Engineer may allow minor upgrades to the structure that extend further into the riparian setback, such as awnings and pervious decks/patios, provided the modifications do not extend more than ten feet further toward the watercourse than the original foundation of the structure existing at the time of passage of this regulation, and further provided that the modification will not impair the function of the riparian zone nor destabilize any slope nor stream bank, as determined by the City of Brook Park Engineer.
(Ord. 9472-2008. Passed 5-20-08.)