(a) Structures and uses within the Riparian and/or Wetland Setbacks, 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 title.
(b) If damaged or destroyed, these structures or uses may be repaired or restored within two years from the date of damage/destruction or the adoption of these regulations, whichever is later, at the property owners own risk.
(c) A residential structure or use within the Riparian and/or Wetland Setback existing at the time of passage of these regulations may be expanded subject to the provisions of (1) through (3) below:
(1) The expansion conforms to existing zoning regulations.
(2) The expansion must not impact the stream channel or the 100-year flood plain.
(3) The expansion must not exceed an area of 15% of the footprint of existing structure or use that lies within the Riparian and/or Wetland setback. Expansions exceeding 15% of the footprint within the Riparian and/or Wetland Setback must be obtained through the variance process.
(d) A non-conforming structure or use that is discontinued may be resumed any time within six (6) months from such discontinuance but not thereafter. 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 Community, than the existing or former non-conforming structure or use.
(Ord. 2009-73. Passed 6-22-09.)