(a) By right uses without a permit. Open space uses that are passive in character shall be permitted in riparian setbacks, including, but not limited to, those listed in § 1294.06(a)(1) through (a)(3) of this regulation. No use permitted under this regulation shall be construed as allowing trespass on privately held lands.
(1) Recreational activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, fishing, hunting, picnicking, and similar uses.
(2) Removal of damaged or diseased trees. Damaged or diseased trees may be removed.
(3) Revegetation and/or reforestation. Riparian setbacks may be revegetated and/or reforested with native, noninvasive plant species.
(b) By conditional use permit granted by the Planning and Zoning Commission. When granting conditional use permits for the following uses, the Planning and Zoning Commission may, for good cause, attach such conditions as it deems appropriate. Permits issued under this subsection are issued to the applicant only, shall not be transferred, and shall be void if not implemented within one year of issuance.
(1) Streambank stabilization/erosion control measures. Streambank stabilization/erosion control measures may be allowed provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical and available. Such streambank stabilization/erosion control measures shall only be undertaken upon approval of a Streambank Stabilization/Erosion Control Plan by the Planning and Zoning Commission. Any costs associated with review of Streambank Stabilization/Erosion Control Plans may be assessed to the applicant.
(2) Crossings. Crossings of designated watercourses through riparian setbacks may only be allowed upon approval of a Crossing Plan by the Planning and Zoning Commission. Such crossings shall minimize disturbance in riparian setbacks and shall mitigate any necessary disturbances. Any costs associated with review of Crossing Plans may be assessed to the applicant.
(3) Historic building reconstruction. Reconstruction of historic buildings within riparian setbacks may only be allowed upon approval of a Historic Building Reconstruction Plan by the Planning and Zoning Commission. Such reconstruction shall be limited to the historic areas outlined in § 1222.07 of this Zoning Code, shall minimize disturbance in riparian setbacks, and shall mitigate any necessary disturbances. Any costs associated with review of Historic Building Reconstruction Plans may be assessed to the applicant.
(4) Landscaping. The removal of natural vegetation within a riparian setback and the subsequent cultivation of lawns, landscaping, shrubbery or trees may be allowed provided that such cultivation is done in conformance with a Landscaping Plan approved by the Planning and Zoning Commission. Any costs associated with review of Landscaping Plans may be assessed to the applicant. Landscaping Plans shall meet the following criteria:
A. Maintain trees in the riparian setback larger than nine inches in caliper (diameter) as measured 54 inches above the ground to the maximum extent possible; and
B. Maintain trees, shrubbery, and other non-lawn, woody vegetation in the riparian setback to the maximum extent possible.
(Ord. 02-O-33, passed 7-8-2002)