1179.13 NONCONFORMING STRUCTURES OR USES IN RIPARIAN SETBACKS.
   Nonconforming structures or uses in riparian setbacks shall be regulated under the provisions of Chapter 1113 of the Zoning Code. Where the following language is more restrictive or conflicts with Chapter 1113 of the Zoning Code, the following language shall prevail:
   (a)    A nonconforming 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 nonconforming residential or commercial structure that exists at the time of passage of these regulations, is within a riparian setback, and is not permitted under these regulations may be continued, or may be removed or replaced, changed, expanded or enlarged providing: Any such proposed structure is setback no less than the distance between the ordinary high water mark and the foundation of the existing residential or commercial structure.
        (c)    A nonconforming accessory 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 or replaced but shall not have the existing building footprint or roofline expanded or enlarged.
        (d)    A nonconforming structure or use, existing at the time of passage of these regulations and within a riparian setback, that has substantial damage and which is discontinued, terminated or abandoned for a period of two years or more may not be revived, restored or re-established.
      (Ord. 25-2011. Passed 9-20-11.)