(a) Non-conforming structures or uses in wetland setbacks shall be regulated under the provisions of Chapter 1181 of the Zoning Code. Where the following language is more restrictive than Sections 1181.01 through 1181.03, the following language shall prevail:
(1) A non-conforming use, existing at the time of passage of these regulations and within a wetland setback, that is not permitted under these regulations may be continued but shall not be changed or enlarged unless changed to a use permitted under these regulations.
(2) A non-conforming structure, existing at the time of passage of these regulations and within a wetland setback, that is not permitted under these regulations may be continued but shall not have the existing building footprint or roofline expanded or enlarged in such a way that would move the structure closer to the wetland.
(3) A non-conforming structure or use, existing at the time of passage of these regulations and within a wetland setback, that has substantial damage and which is discontinued, terminated, or abandoned for a period of six months or more may not be revived, restored, or re-established.
(4) 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 wetland setbacks, as measured against the intent and objectives of these regulations and determined by the community, than the existing or former non-conforming structure or use.
(b) The community shall be notified by the landowner of the resumption of a discontinued non- conforming structure or use.
(Ord. 35-02. Passed 12-29-03.)