(a) Structures and uses within the riparian setback and wetland setback, existing at the time of passage of these regulations that are not permitted under these regulations, may be continued but shall not be expanded except as set forth in this chapter.
(b) If damaged or destroyed, these structures or uses may be repaired or restored within six months from the date of damage/destruction or the adoption of these regulations, whichever is later, at the property owner's own risk, and with the execution of a Chapter 1492 Release and Waiver form by the applicant.
(c) A residential structure or use within the setback existing at the time of passage of these regulations may be expanded subject to the provisions of the following subsections (c)(1) through (c)(5):
(1) The expansion conforms to existing zoning regulations.
(2) The expansion must not impact the stream channel or the 100-year floodplain.
(3) The expansion must not exceed an area of 15% of the footprint of the existing structure or use that lies within the setback. Expansions exceeding 15% of the footprint within the setback must be obtained through the variance process.
(4) The expansion is at the property owner's own risk.
(5) Execution of a Chapter 1492 Release and Waiver form by the applicant.
(d) Nonresidential structure or use expansions will be permitted only through the variance process.
(e) A nonconforming structure or use that is discontinued may be resumed any time within six months from such discontinuance, but not thereafter, and requires the execution of a Chapter 1492 Release and Waiver form by the applicant. 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, than the existing or former nonconforming structure or use.
(Ord. 05-172. Passed 12-5-05; Ord. 06-88. Passed 7-18-06.)