(a) Construction. There shall be no construction of any kind within 300 feet of the Chagrin River, measured from the ordinary high-water mark along its banks, or within 100 feet of the 100-year flood plain, as established by the Federal Emergency Management Agency ("FEMA"), whichever distance is greater.
(b) Discharge. There shall be no discharge into the Chagrin River or its tributaries, directly or indirectly, of liquid or solid materials which, due to their toxic properties or temperatures, would cause contamination, as determined by Ohio Environmental Protection Agency standards.
(c) Drilling, Filling, Dredging or Dumping. There shall be no drilling, filling, dredging or dumping of soil, spoil, or liquid or solid materials within 300 feet of the ordinary high-water mark of the Chagrin River, or within 100 feet of the 100-year flood plain as established by FEMA, whichever distance is greater, except for erosion control measures which are ecologically compatible and which substantially utilize natural materials indigenous to the region.
(d) Natural Vegetation. There shall be no disturbance of the natural vegetation within 300 feet of the ordinary high-water mark of the Chagrin River, or within 100 feet of the 100-year flood plain as established by FEMA, whichever distance is greater, except such conservation maintenance as may be necessary to control noxious plants and for such plantings as are consistent with sound field and/or wood lot maintenance, as may be recommended or approved by the Hunting Valley Conservation Commission.
(e) Nonconforming Uses. A nonconforming use, existing at the time of the passage of this section and within the area of the 300-foot restricted setback from the Chagrin River, may be continued, but may not be changed, unless changed to a use permitted under this section. A nonconforming use which is discontinued, terminated, or abandoned may not be revived, restored or re-established.
(f) Variances. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this section, the Board of Zoning Appeals shall have the power to vary, in specific cases, the application of the provisions of this section in harmony with its general purpose and intent, so that the public health, safety and general welfare may be secured and substantial justice done, in accordance with the provisions of Section 1153.05.
(Ord. 2023-6. Passed 6-15-23.)