1258.11 PROHIBITED USES IN RIPARIAN SETBACKS.

   Any use not authorized under Section 1258.10 is prohibited in riparian setbacks.

   1258.111    List of Prohibited Uses. Prohibited uses are not limited to those examples listed here:

         (a)    Construction. Construction of buildings or structures of any kind or size are prohibited except as provided for in Sections 1258.112 and 1258.13. This restriction applies to new construction, and does not apply to existing residential structures and associated accessory structures.

         (b)    Dredging or Dumping. Drilling, filling, dredging, excavation or dumping of soil, other earthen material, spoils, liquid, or solid materials is prohibited except as permitted under this regulation.

         (c)    Roads or Driveways. Installation of roads or driveways is prohibited, unless approved in association with an approved crossing plan.

         (d)    Motorized Vehicles. Use of motorized vehicles is prohibited, with the exception of emergency vehicles when necessary for public health and safety, or except as permitted under this regulation.

         (e)    Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles. Establishment of parking spaces, parking lots, or loading/unloading spaces is prohibited.

         (f)    New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Use of areas within riparian setbacks for the disposal or treatment of sewage is prohibited.

         (g)    New Stormwater Management and Drainage Facilities. New stormwater management and drainage facilities including appurtenances thereto are prohibited within riparian setbacks.

         (h)    Sediment and Erosion Controls. No structural sediment controls, such as a silt fence, a sediment settling pond, or other structural post-construction controls, may be used in a stream or the delineated setback, except as permitted in Section 1258.102.

   1258.112    Exceptions to Prohibited Uses. The following activities are exempt from the restrictions set forth in Section 1258.11. The exceptions listed below do not apply to uses and structures that are non-conforming with respect to the requirements of the underlying zoning district. Such existing non-conforming uses and structures must comply with the requirements of the sections of the City of Bexley Zoning Code applicable to the Board or Commission reviewing the application.

         (a)    The construction or reconstruction of any structure, or other impervious surface, permitted in the underlying zoning district on an existing, legal impervious surface on a lot of record developed with a use existing at the time of passage of this regulation.

         (b)    The installation of conduits flowing from stormwater management facilities designed to treat stormwater.

         (c)    All activities conducted by the City of Bexley that are necessary to provide and maintain public transportation infrastructure.

         (d)    All activities conducted by the City of Bexley that are necessary to provide and maintain public drainage improvements.

         (e)    See Permitted Uses in Riparian Setbacks at Section 1258.10.

            (Ord. 29-16. Passed 11-15-16.)