CHAPTER 1001
Riparian and Wetland Setbacks

1001.01   Purpose and scope.

1001.02   Applicability, compliance and violations.

1001.03   Conflicts with other regulations and severability.

1001.04   Definitions.

1001.05   Establishment of designated watercourses, riparian and wetland setbacks.

1001.06   Applications and site plans.

1001.07   Uses permitted in wetland and riparian setbacks.

1001.08   Uses prohibited in wetland and wetland and riparian setbacks.

1001.09   Non-conforming structures or uses in wetland and riparian setbacks.

1001.10   Variances within wetland and riparian setbacks.

1001.11   Procedures for variances and appeals.

1001.12   Inspection of wetland and riparian setbacks.

1001.99   Penalty.

CROSS REFERENCES

      Illicit discharge and illegal connection control - see P. & Z.  Ch.  1003

      Erosion and sediment control - see P. & Z.  Ch.  1005

      Comprehensive stormwater management - see P. & Z.  Ch.  1007

1001.01 PURPOSE AND SCOPE.

   (a)   It is hereby determined that the system of rivers, streams, and other natural watercourses within the City contributes to the health, safety, and general welfare of the residents

of the City. The specific purpose and intent of this regulation is to regulate uses and developments within wetland and wetland and riparian setbacks that would impair the ability of riparian areas to:

      (1)   Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters, and regulating base flow.

      (2)   Assist in stabilizing the banks of watercourses to reduce woody debris from fallen or damaged trees, streambank erosion, and the downstream transport of sediments eroded from watercourse banks.

      (3)   Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.

      (4)   Reduce pollutants in watercourses by filtering, settling, and transforming pollutants in runoff before they enter watercourses.

      (5)   Provide watercourse habitats with shade and food.

      (6)   Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system.

      (7)   Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.

      (8)   Benefit the City by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as gabion baskets and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents; and by contributing to the scenic beauty and environment of the City, and thereby preserving the character of the City, the quality of life of the residents of the City, and corresponding property values.

   (b)   The following regulation has been enacted to protect and enhance the functions of wetland riparian areas by providing reasonable controls governing structures and uses within a wetland and riparian setback along designated watercourses in the City.

(Ord.  2020-56.  Passed 4-20-20.)

1001.02 APPLICABILITY, COMPLIANCE AND VIOLATIONS.

   (a)   This regulation shall apply to all zoning districts in the City.

   (b)   This regulation shall apply to all structures and uses on lands containing a designated watercourse as defined in this regulation, except as provided herein.

   (c)   No approvals or permits shall be issued by the City without full compliance with the terms of this regulation.  (Ord.  2020-56.  Passed 4-20-20.)