(A) Purpose. Being one of a very small number of islands in the state, the village government recognizes the uniqueness of the natural environment on the island and also recognizes that steps must be taken to ensure that uncontrolled development and unplanned development does not destroy important elements of the natural environment which residents cherish and treasure.
(B) Creation of an Environmental Protection Overlay District.
(1) There is hereby created an Environmental Protection Overlay District. This district imposes additional requirements beyond those of the underlying zoning district in order to protect significant island environmental features and generally further the purposes stated above. This overlay zone is intended to apply to shoreline areas of the island where intensive development in terms of density, building location, building heights and vegetation removal could destroy scenic vistas along the lake shore. This overlay zone is also intended to apply to other unique environmental features such as wetlands, flood hazard areas, erosion hazard areas, unique plant and animal habitats and archeological sites.
(2) The Environmental Protection Overlay District shall be defined as being those areas of the village 125 feet from the natural shoreline or as otherwise designated on the EPOD map as adopted by Council. This area shall be designated as an overlay zoning district over any and all of the underlying zoning districts relative to all of the land 125 feet from the natural shoreline as it is defined in § 152.004 of this chapter.
(C) General requirements. Any new construction of any structure, or alteration of any existing structure shall not take place until a site plan has been prepared and approved in accordance with the requirements herein. A site plan is not required when a property simply changes use without any physical modification to any buildings or any new construction taking place. Such a site plan shall be reviewed by the Planning Commission which has the authority to require additional building setbacks, a more restrictive height limitation in order to preserve views and scenic vistas, a limitation on the amount of trees, or other vegetation that may be removed from the site or specific erosion control measures.
(D) Site plan requirements. Before the Zoning Inspector may issue a zoning permit for a proposed new structure or alteration of an existing structure within the Environmental Protection Overlay District, a site plan of the subject property must be prepared and submitted to the Planning Commission for review and must be approved. This site plan shall consist of a scale drawing, showing or otherwise describing, the following:
(1) The location of all existing and proposed buildings, including building heights, and setbacks, parking areas and driveways, and accessory buildings;
(2) Show or otherwise describe, all significant environmental features on the site, including, but not limited to: all trees greater than ten inches in circumference; any wetlands; identified archeological sites; identified erosion hazard areas as identified by the Ohio Department of Natural Resources, Division of Geological Survey; known location of habitats for rare, threatened or endangered species as identified by the United States Fish and Wildlife Service. (It is recommended that both the Ohio Department of Natural Resources and the United States Fish and Wildlife Service be contacted in order to obtain recommendations from both governmental entities relative to any development plan within the Environmental Protection Overlay District.) Densely vegetated areas may be illustrated as an area and described as a unit;
(3) A description of how the applicant has taken steps to preserve and protect the identified unique environmental features on the site in the development of the construction plans, including but not limited to the incorporation of any recommendations from the Ohio Department of Natural Resources and/or the United States Fish and Wildlife Service relative to erosion hazard areas and the protection of habitats for rare, threatened or endangered species respectively; and
(4) Both the Planning Commission and the applicant are encouraged to refer to the Village of Kelleys Island Port Master Plan for information and guidance with respect to environmental issues and concerns. The Kelleys Island Port Master Plan is available for inspection at the office of the Village Clerk.
(E) Plan review.
(1) Within 31 days following the submission of a site plan which the Zoning Inspector has found to be complete with respect to all of the requirements herein, the Planning Commission shall hold a public meeting to consider such plan, and act to approve, disapprove, or modify such plan. In considering the plan, the Planning Commission shall try to balance the goals of preserving and protecting unique and valuable environmental assets of the Island with the property owner’s rights and to achieve a reasonable use of the property.
(2) The Planning Commission may require an alternative arrangement of buildings, structures, setbacks, yard dimensions, or other requirements as set forth in the underlying zoning district, and may also require site specific buffer zones, tree or habitat preservation, erosion control practices, or similar measures to protect unique environmental features.
(F) Appeals. An applicant who has been denied approval of a proposed site plan may appeal such a decision to the Village Council, who will act as an administrative appellate body. Any such appeal shall be made within 30 days following the decision of the Planning Commission. Upon hearing such appeal, Council may reverse, affirm or modify the decision of the Planning Commission. In order to reverse a decision made by the Planning Commission, the Village Council must find clear and convincing evidence that the actions proposed by the applicant are consistent with the Village of Kelleys Island Port Master Plan as it relates to the proposed development.
(G) The revised "Environmental Protection Overlay District Zoning District Map of the Village of Kelleys Island, Ohio" as submitted by the Planning Commission, is adopted as part and parcel of this section. A copy of said "Environmental Protection Overlay District Zoning District Map of the Village of Kelleys Island, Ohio" is attached to Ordinance No. 2001-O-3, passed January 11, 2001, and expressly incorporated by reference herein and is on file at the Office of the Clerk of Council for public inspection. Furthermore, the Mayor and the members of Council are hereby authorized and directed to execute the aforementioned map as part of the Official Zoning Districts Map of the Village of Kelleys Island, Ohio. In addition, any and all previous versions of the "Environmental Protection Overlay Zoning District Map of the Village of Kelleys Island, Ohio" are hereby repealed and replaced with the within map and the attachments thereto.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2001-O-3, passed 1-11-01; Am. Ord. 2001-O-5, passed 1-11-01)