§ 1294.08  NON-CONFORMING STRUCTURES OR USES IN RIPARIAN SETBACKS.
   Non-conforming structures and uses are defined in Chapter 1282.
   (a)   A non-conforming use, existing at the time of passage of this regulation and within a riparian setback, that is not permitted under this regulation may be continued but shall not be changed or enlarged unless changed to a use permitted under this regulation.
   (b)   A non-conforming residential or commercial structure, existing at the time of passage of this regulation and within a riparian setback, that is not permitted under this regulation may be continued or replaced. Such structures may also be enlarged provided such enlargement remains a minimum distance from the ordinary high water mark of the designated watercourse of no less than the distance between the ordinary high water mark and the foundation of the existing residential or commercial structure at its nearest point to the designated watercourse.
   (c)   A nonconforming accessory structure, existing at the time of passage of this regulation and in the riparian setback, that is not permitted under this regulation may be continued or replaced but shall not have the existing building footprint or roofline expanded or enlarged.
   (d)   A non-conforming structure or use, existing at the time of passage of this regulation and within a riparian setback, that has substantial damage and that is discontinued, terminated or abandoned for a period of one year or more may not be revived, restored or reestablished.
(Ord. 02-O-33, passed 7-8-2002)