1051.10 ESTABLISHMENT OF DESIGNATED WATERCOURSES AND RIPARIAN ZONES WITHIN ALL OTHER AREAS.

   (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.

      (1)   Appeals from adverse administrative decision may be made pursuant to the procedures outlined in Section 1051.08 to the Planning Commission. Otherwise, appeals may be made to the Board of Zoning and Building Appeals pursuant to Section 1051.09.

(Ord. 75-15. Passed 7-13-15.)