(a) A non-conforming use, existing at the time of passage of these regulations and within a riparian 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.
(b) A non-conforming structure, existing at the time of passage of these regulations and within a riparian 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 stream.
(c) A non-conforming structure or use, existing at the time of passage of these regulations and within a riparian setback, that has substantial damage or which is discontinued, terminated, or abandoned for a period of six months or more may not be revived, restored, or re-established. This section shall also not prohibit ordinary repairs to a residence or residential accessory structure.
(d) In the case of a non-conforming structure within a riparian setback, the City will allow a ten foot maintenance access zone measured perpendicular to the structure, to temporarily extend further into the riparian 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.
(e) In the case of a non-conforming residential structure, the City 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 Engineer.
(Ord. 128-02. Passed 12-29-03; Ord. 289-04. Passed 12-20-04.)