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The City Engineer shall inspect the field delineation of riparian zones.
(a) Field delineations of riparian zones required by this chapter shall be made prior to soil-disturbing activities authorized by the City Engineer under a subdivision or land development plan. The applicant shall provide the City Engineer with at least two working days notice prior to starting such soil-disturbing activities. Construction fences, as prescribed by this chapter and which serve to delineate riparian zone areas, must be installed prior to the issuance of two working days notice to the City Engineer.
(b) Prior to activities authorized by the City Engineer under Section 1051.05 of this regulation. The applicant shall provide the City Engineer with at least two working days notice prior to starting such activities.
(Ord. 75-15. Passed 7-13-15.)
(a) The Planning Commission may grant a modification to this regulation as provided herein. In granting a modification, the following conditions shall apply:
(1) In determining whether there is unnecessary hardship with respect to the use of a property or practical difficulty with respect to maintaining the riparian setback as established in this regulation, such as to justify the granting of a modification, the Planning Commission shall consider the potential harm or reduction in riparian functions that may be caused by a proposed structure or use.
(2) The Planning Commission may not authorize any structure or use in a Zoning District other than those authorized in the Zoning Code.
(3) Modifications shall be void if not implemented within one year of the date of issuance.
(4) For the purpose of mitigating impacts to the riparian setback, the applicant shall be required to implement structural and/or non-structural low impact development (LID) practices and controls in addition to applicable stormwater management controls required as part of Chapter 1050, Comprehensive Stormwater Management. The determination of ensuring proposed LID principles sufficiently mitigate these impacts shall be made by the Planning Commission with input from the City Engineer and the Planning Coordinator. An emphasis shall be placed on LID principles that mimic the function of riparian areas, which include but are not limited to preservation of natural areas, vegetative filter strips, establishment of native vegetation, bioretention areas, stormwater infiltration practices, etc.
(b) In making a determination under Section 1051.08 of this regulation, the Planning Commission may consider the following:
(1) The natural vegetation of the property as well as the percentage of the parcel that is in the 100-year floodplain.
(2) The extent to which the requested modification impairs the flood control, erosion control, water quality protection, or other functions of the riparian setback. This determination shall be made by the City Engineer upon reviewing any necessary scientific data and calculations to be provided by the applicant.
(3) The degree of hardship, with respect to the use of a property or the degree of practical difficulty with respect to maintaining the riparian setback as established in this regulation, placed on the landowner by this regulation and the availability of alternatives to the proposed structure or use.
(4) Soil-disturbing activities permitted in the riparian setback through modifications should be implemented to minimize clearing to the extent possible and to include applicable best management practices necessary to minimize erosion and control sediment, as required under Chapter 1052.
(5) Minimizing the presence of significant impervious cover, or smooth vegetation such as maintained lawns, in the riparian setback.
(6) Whether a property, otherwise buildable under the ordinances of the City, will be made unbuildable because of this regulation.
(c) In order to maintain the riparian setback to the maximum extent practicable, the Planning Commission may consider granting variations to other areas or setback requirements imposed on a property by the Zoning Code.
(Ord. 75-15. Passed 7-13-15.)
(a) Any applicant seeking a variance to the conditions imposed under these regulations or an appeal from an administrative decision made under these regulations shall follow the procedures set forth in Chapter 1232 of these Codified Ordinances.
(b) Applications for appeals or variances made under this regulation shall contain the information set forth in Chapter 1232, e.g.:
(1) The name, address, and telephone number of the applicant;
(2) Proof of ownership or authorization to represent the property owner;
(3) The location of the property, including street address and permanent parcel number;
(4) The current zoning of the property;
(5) A description of the project for which the appeal or variance is sought, including any proposed low-impact development principles that are being considered to offset impacts to the riparian setback area as specified within Section 1051.08(a)(4);
(6) A description of the administrative decision being appealed or the conditions of the regulation from which a variance is sought.
(c) Applications for variances or appeals of administrative decisions shall not be resubmitted to the Board of Zoning within one year of the date of a final decision by the Board of Zoning on the original application, unless the applicant shows the Board of Zoning either of the following:
(1) Newly discovered evidence that could not have been presented with the original submission; or
(2) Evidence of a substantial change in circumstances since the time of the original submission.
(d) A decision by the Board of Zoning in response to an application for a variance request or an appeal of an administrative decision filed pursuant to this regulation shall be final.
(Ord. 75-15. Passed 7-13-15.)
(a) Ditches (as shown on the Master River and Ditch Location Map kept on file at City Hall).
(1) Major ditch. The land within the first ten feet from top of bank or as designated by the City Engineer, where the zones are as follows:
A. Zone 1: This is the area defined as the first five feet from top of bank where there is no construction and no disturbance is authorized.
B. Zone 2: This is the area defined as the area starting at five feet from top of bank and ending ten feet from top of bank where no permanent structures may be built and only light grading is permitted with approval from the City Engineer. It lies adjacent to Zone 1.
(2) Minor ditch. Only minor ditches that directly flow into a major ditch, creek, or stream of the State are subjected to Section 1050.08
(b)(2); otherwise there is no riparian setback for a minor ditch. The land within the first ten feet from top of bank or as designated by the City Engineer, where the zones are as follows:
A. Zone 1: This is the area defined as the first five feet from top of bank where there is no construction and no disturbance authorized.
B. Zone 2: This is the area defined as the area starting at five feet from top of bank and ending ten feet from top of bank where no permanent structures may be built and only light grading is permitted with approval from the City Engineer. It lies adjacent to Zone 1.
(b) Ponds and other BMPs (Best Management Practices). The land within the first ten feet from the top of bank, or as designated by the City Engineer, where the zones are as follows:
(1) Zone 1: This is the area defined as the first five feet from top of bank where there is no construction and no disturbance is authorized.
(2) Zone 2: This is the area defined as the area starting at five feet from top of bank and ending ten feet from top of bank where no permanent structures may be built and only light grading is permitted with approval from the City Engineer. It lies adjacent to Zone 1.
(c) Zone Maintenance.
(1) Zone 1. It would be optimal for Zone 1 to be completely natural, but in areas adjacent to residential properties, the minimum height of the grass shall be four inches.
(2) Zone 2. Can be maintained per other City Code.
(d) Exceptions.
(1) The requirements of this section may be relaxed at the discretion of the City Engineer if the property owner/developer can demonstrate that the fundamental nature of this section is met by other means or methods.
(e) Appeals.
(Ord. 75-15. Passed 7-13-15.)
No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.
(Ord. 75-15. Passed 7-13-15.)
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