(a) A non-conforming use within a riparian and/or wetland setback which is in existence at the time of passage of this regulation, and which is not otherwise permitted under these regulations, may be continued. However, the use shall not be changed or enlarged unless it is changed to a use permitted under these regulations, except as permitted in Section 1339.14(h). For example, the existing building footprint or roofline may not be expanded or enlarged in such a way that would move the structure closer to the stream or wetland.
(b) If damaged, destroyed or discontinued, a non-conforming structure or use may be repaired or restored within two years from the date of damage/destruction/discontinuation or the adoption of these regulations, whichever is later, at the property owner’s risk. This section shall also not prohibit ordinary repairs to a residence or residential accessory building that are not in conflict with other provisions of this regulation.
(c) In the case of a non-conforming structure within a riparian or wetland setback, the Community will allow a ten (10) foot maintenance access zone measured perpendicular to the structure, to temporarily extend further into the setback as long as disturbance to existing vegetation is minimized and vegetation is restored to the pre-existing state, as near as practical, upon completion. If any soil disturbance in a wetland will occur as part of any such maintenance activity, a permit from the U.S. Army Corps of Engineers or the Ohio EPA, as appropriate, must be submitted prior to the onset of the soil disturbing activity.
(d) In the case of a non-conforming residential structure, the City Official may allow minor upgrades to the structure that extend further into the riparian setback, such as awnings and pervious decks/patios, provided the modifications do not extend more than ten (10) feet further toward the stream or wetland than the original foundation of the structure existing at the time of passage of this regulation, and further provided that the modification will not impair the function of the riparian zone nor destabilize any slope of stream bank, as determined by the City of Fairview Park Engineer. Expansions larger than (ten) 10 feet must be obtained through the variance process.
(e) In the case of existing dedicated City roadways within the riparian setback, the City of Fairview Park reserves the right to enter into the riparian setback to perform typical activities associated with the operation and maintenance of roadways. These activities include, but are not limited to, salt application during freezing temperatures, road and shoulder stabilization, repair and/or replacement of existing guardrail, the construction of new guardrail based upon safety concerns, and the widening of pavement or bike paths, based upon traffic studies. The City shall ensure that disturbance to existing vegetation is minimized, and vegetation is restored to the pre-existing state, as near as practical, upon completion.
(f) In the case of existing hydraulic structures, such as storm conduits and culverts, within the riparian setback, the City of Fairview Park reserves the right to enter into the riparian setback to perform typical activities associated with the operation and maintenance of these structures. These activities include, but are not limited to, the inspection of structures, maintenance and repair of structures, and the replacement of structures. Additionally, if supported by a proper engineering study, the City reserves the right to increase the size of any hydraulic structure within the riparian setback, or add to the structure to improve the hydraulic function of the structure, such as adding a headwall to a culvert. The City shall ensure that disturbance to existing vegetation is minimized, and vegetation is restored to the pre-existing state, as near as practical, upon completion.
(g) In case of existing utilities within the riparian setback, the City of Fairview Park reserves the right to grant permission to utility companies to enter into the riparian setback to perform typical activities associated with the inspection, maintenance, replacement, of any and all existing utilities within the riparian setback. The utility company shall ensure that disturbance to existing vegetation is minimized, and vegetation is restored to the pre-existing state, as near as practical, upon completion.
(h) A residential structure or use within the setback existing at the time of passage of these regulations may be expanded subject to the provisions of the following subsections (h)(1) through (h)(5).
(1) The expansion conforms to existing zoning regulations.
(2) The expansion must not impact the stream channel or the 100-year floodplain.
(3) The expansion must not exceed an area of fifteen percent (15%) of the footprint of the existing structure or use that lies within the setback. Expansions exceeding fifteen percent (15%) of the footprint within the setback must be obtained through the variance process.
(4) The expansion is at the property owner’s own risk.
(i) Non-residential structures or use expansions will be permitted only through the variance process. (Ord. 08-18. Passed 3-3-08.)