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(A) Open space uses that are passive in character shall be permitted in the SCPZ including, but not limited to, those listed in divisions (A)(1) through (3) of this section. No use permitted under these regulations shall be construed as allowing trespass on privately held lands. Alteration of this natural area is strictly limited. Except as otherwise provided in these regulations, the SCPZ shall be preserved in its natural state.
(1) Recreational activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, non-motorized bicycling, fishing, hunting, picnicking and similar uses and associated structures including boardwalks, pathways constructed of pervious material, picnic tables, playground equipment, athletic fields, and wildlife viewing areas.
(2) Removal of damaged or diseased trees. Damaged or diseased trees may be removed. Because of the potential for felled logs and branches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than six inches in diameter, shall be anchored to the shore or removed from the 100-year floodplain.
(3) Re-vegetation and/or reforestation. The re-vegetation and/or reforestation of the SCPZ shall be allowed without approval of the City Engineer or designee.
(B) Projects involving public utilities, transportation infrastructure, stormwater management, stream bank stabilization, or other projects where an environmental and public benefit is provided (including excavation for providing compensatory floodplain volume immediately adjacent to the channel) may be permitted within the SCPZ once the design has been approved by the City Engineer and/or all other applicable review authorities.
(C) Disturbances within the SCPZ (including provision of compensatory floodplain storage adjacent to the stream) as a result of a permitted use must be mitigated through revegetation/reforestation.
(D) Crossings of streams and SCPZs for roadways shall be minimized. Crossings shall be approved at the discretion of the City Engineer if the applicant can demonstrate that alternative roadway locations are infeasible and that disturbances within the SCPZ will be minimized and mitigated.
(Ord. 48-05, passed 9-6-05)
The following uses are specifically prohibited within the SCPZ:
(A) Construction. There shall be no structures of any kind, except as permitted under these regulations.
(B) Dredging or dumping. There shall be no drilling, filling, dredging, excavation, or dumping of soil, spoils, liquid, or solid materials, except for noncommercial composting of uncontaminated natural materials and except as permitted under this regulation.
(C) Roads or driveways. There shall be no roads or driveways, except as permitted under these regulations.
(D) Motorized vehicles. There shall be no use of motorized vehicles of any kind, except as permitted under these regulations.
(E) Disturbance of natural vegetation. There shall be no disturbance of natural vegetation within the SCPZ except for the following:
(1) Maintenance of lawns, landscaping, shrubbery, or trees existing at the time of passage of this regulation.
(2) Cultivation of lawns, landscaping, shrubbery, or trees in accordance with an approved landscaping plan submitted in conformance with this regulation.
(3) Conservation measures designed to remove damaged or diseased trees or to control noxious weeds or invasive species.
(F) Nothing in this section shall be construed as requiring a landowner to plant or undertake any other activities in the SCPZ provided the landowner allows for natural succession.
(G) Parking spaces or lots and loading/unloading spaces for vehicles. There shall be no parking spaces, parking lots, or loading/unloading spaces.
(H) New surface and/or subsurface sewage disposal or treatment area. SCPZs shall not be used for the disposal or treatment of sewage except for:
(1) Undeveloped parcels that have received site evaluation approval and/or permit approval prior to the enactment of this chapter.
(2) Dwellings served by disposal/treatment systems existing at the time of passage of these regulations when such systems are properly sited (approved site evaluation) and permitted or in accordance with the Delaware, Franklin, or Union County Health Department and/or the Ohio Environmental Protection Agency. Existing failing systems which are located within the SCPZ can be upgraded with approval of the Franklin County Health Department and/or the Ohio Environmental Protection Agency.
(I) Fences and walls. There shall be no fences or walls.
(J) Agriculture. There shall be no agricultural activities.
(K) Industry/commercial business. There shall be no industrial or commercial businesses operated.
(L) Ditching/diking. There shall be no ditching or diking of soil in order to convey water.
(M) Removal of topsoil, sand, gravel, rock, native ground cover/vegetation, oil or gas. There shall be no removal of any of these substances nor any other change in topography other than what is caused by natural forces (with the exception of permitted uses or as approved by the City Engineer).
(N) Herbicides/pesticides. There shall be no use of herbicides or pesticides except as approved by the City Engineer.
(Ord. 48-05, passed 9-6-05) Penalty, see § 53.999
The following facilities are prohibited within the SCPZ:
(A) Buildings/structures;
(B) Swimming pools;
(C) Signs;
(D) Billboards;
(E) Utility lines or pipes (with the exception of necessary public sanitary, water, stormwater and public utility transmission lines as approved by the city);
(F) Electric lines (with the exception of transmission lines);
(G) Telecommunications lines (with the exception of transmission lines);
(H) Cable TV lines;
(I) Stormwater management facilities; and
(J) Other improvements deemed unacceptable to the city.
(Ord. 48-05, passed 9-6-05) Penalty, see § 53.999
(A) Non-conforming structures and uses within the SCPZ, existing at the time of passage of these regulations, that are not permitted under these regulations may be continued but shall not be expanded, changed or enlarged except as set forth in this title.
(B) If damaged, destroyed, terminated or abandoned, these structures or uses may be repaired or restored within six months 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 SCPZ existing at the time of passage of these regulations may be expanded subject to the following provisions:
(1) The expansion conforms to existing zoning regulations.
(2) The expansion must not impact the stream channel or the floodway plus 20 feet limit.
(3) The expansion must not exceed an area of 15% of the footprint of the existing structure (or use) that lies within the SCPZ. Expansions exceeding 15% of the footprint within the SCPZ must be obtained through the variance process.
(D) Non-residential structure (or use) expansions will be permitted only through the variance process.
(Ord. 48-05, passed 9-6-05) Penalty, see § 53.999
(A) The Stream Corridor Protection Zone shall be inspected by the City Engineer or designee:
(1) When a preliminary subdivision plat or other land development plan is submitted to the city.
(2) When a building or zoning permit is requested.
(3) Prior to any earth-disturbing activity to inspect the delineation of the SCPZ as required under these regulations.
(4) When evidence becomes available that the provisions of these regulations become violated.
(B) Violations of these regulations will be handled as noted in § 53.210(C).
(Ord. 48-05, passed 9-6-05)
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