(a) Lawful Nonconforming Waterfront or Riparian Uses may be continued but shall not be expanded except as set forth below. If damaged or destroyed, a Lawful Nonconforming Waterfront or Riparian Use may be repaired or restored to its original condition within one year from the date of damage/destruction, at the property owner’s own risk. The purchaser of a lot upon which there then exists a Lawful Nonconforming Waterfront or Riparian Use may continue such use subject to the provisions of these Codified Ordinances.
(b) A Lawful Nonconforming Waterfront or Riparian Use may be expanded by application as follows:
(1) Applications for approval of the expansion of a Lawful Nonconforming Waterfront or Riparian Use in the Residential District up to fifteen percent (15%) in the aggregate of the existing structure and impervious cover comprising such use shall be made to the Planning Commission and shall be considered by it as a Conditional Use under the provisions of Section 1133.06.
(2) Applications for approval of the expansion of a Lawful Nonconforming Waterfront or Riparian Use in any district other than the Residential District, or if in the Residential District the proposed expansion would, if approved, exceed fifteen percent (15%) of the existing structure and impervious cover comprising such use, shall be made to the Board of Zoning Appeals as an application for a variance. Such application shall be governed by the procedures set forth in the Chapter 1109 of these Codified Ordinances.
(3) In either event, upon completion, the Lawful Nonconforming Waterfront or Riparian Use, as expanded, shall conform to the Codified Ordinances except to the extent of: (i) the approvals granted by the Planning Commission or the Board of Zoning Appeals as the case may be; and (ii) the pre-existing lawful nonconformity.
(4) A Lawful Nonconforming Waterfront or Riparian Use may not be expanded to the extent that the expansion, if approved if it: (i) would encroach or increase a pre-existing encroachment into a Watercourse; (ii) or (ii) would violate otherwise applicable law (i.e. the law governing jurisdictional wetlands).
(5) In considering a request for expansion of a Lawful Nonconforming Waterfront or Riparian Use, the Planning Commission or the Board of Zoning Appeals, as the case may be, may consult with representatives from the Summit SWCD; the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the Village Engineer; the Department of Environmental Services of Summit County; the Summit County Health Department; or other technical experts as it deems necessary to consider variance requests.
(6) In considering whether to approve an expansion of a Lawful Nonconforming Waterfront or Riparian Use, and in addition to the provisions governing Conditional Uses (as to the Planning Commission) and variances (as to the Board of Zoning Appeals) each of them, as the case may be, may consider the matters described in Section 1109.05(A) and Section 1133.06. (Ord. 18-2020. Passed 7-6-21.)