Purpose: Riparian setbacks control land use activities and new development within certain distances of streams, rivers and creeks. Setting development back maintains the ability of riparian areas to control flooding, limit stream bank erosion, protect habitat, purify ground water, and reduce water pollution. Riparian setbacks protect structures and reduce property damage and threats to watershed residents.
(a) General Requirements.
(1) These regulations shall apply to all zoning districts.
(2) The regulations set forth herein shall apply to all buildings, structures, uses, and related soil disturbing activities on a lot containing a designated water course, except as otherwise provided herein.
(3) A designate water course shall be considered as the Nimishillen Creek or any of its tributaries.
(4) No zoning certificate or conditional zoning certificate shall be issued for any building, structure or use on a lot containing, wholly or partly, a designated watercourse except in conformity with the regulations set forth herein.
(b) Establishment of Riparian Setbacks.
(1) Riparian setbacks shall be measured from the current (what is in existence at the time of filing for a zoning certificate) stream or river bank of a designated watercourse.
(2) Except as otherwise provided in this resolution, riparian setbacks shall be preserved in their natural state.
(3) Where the one hundred year floodplain is wider than the minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to include the outermost boundary of the one hundred year floodplain as delineated on the flood hazard boundary map(s) for the attached area provided by Federal Emergency Management Agency (FEMA).
(4) Riparian setbacks on designated watercourses shall be established as follows:
A. A minimum of 25 feet on each side of the East Branch of the Nimishillen Creek.
B. A minimum of 15 feet on each side of a tributary of the East Branch of the Nimishillen Creek.
(c) Permitted Uses Within Riparian Setbacks. Buildings, structures, and uses may be permitted within a riparian setback, subject to approval of an application for a zoning certificate by the Zoning Inspector, if applicable, or conditional zoning certificate by the Board of Zoning Appeals, if applicable, in accordance with the following regulations and such other applicable regulations contained in this Zoning Resolution.
(1) Recreational activity: Passive recreational uses, as permitted such as hiking, fishing, hunting, picnicking, and similar uses.
(2) Removal of Damaged or Diseased Trees: Damaged or diseased trees may be removed.
(3) Re-vegetation and/or Reforestation: Riparian setbacks may be re-vegetated with non-invasive plant species.
(4) Maintenance of lawns, gardens and landscaping: Lawns, gardens and landscaping that existed at the time the ordinance become effective, may be maintained as long as they are not increased in size.
(5) Streambank Stabilization and Erosion Control Measures may be allowed provided such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical. The streambank stabilization and erosion control measures shall only be undertaken upon approval of a Soil Erosion and Sediment Control Plan approved by Stark County Soil and Water Conservation District.
(6) Crossing of designated watercourses and through riparian setbacks by publicly and privately owned roads, drives, sewer and/or water lines and public and private utility transmission lines shall only be allowed upon approval of the US Army Corps of Engineer and/or Ohio EPA. Soil erosive materials shall not be used in making stream crossings.
(7) Construction of fencing shall be allowed with the condition that reasonable efforts be taken to minimize the destruction of existing vegetation, provided that the fence does not impede stream or flood flow, and the disturbed area is replanted to the natural or preexisting conditions before the addition of the fence.
(8) Storm Water Retention and Detention Facilities are permitted subject to other regulations contained in this Zoning Resolution and the regulations enforced by the Stark County Soil and Water Conservation District and the Ohio EPA. Storm water retention and detention facilities shall be located a minimum of fifty (50) feet from the current stream or riverbank of the designated watercourse.
(d) Prohibited Uses Within Riparian Setbacks. The following buildings, structures, and uses are prohibited within a riparian setback:
(1) Construction: There shall be no buildings, structures, uses, or related soil disturbing activities of any kind except as permitted under these regulations.
(2) Dredging and Dumping: There shall be no drilling, filling, dredging, or dumping of soils, spoils, liquids, yard wastes, or solid materials, except for noncommercial composting of uncontaminated natural materials as permitted under these regulations.
(3) Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles: There shall be no parking spaces, parking lots, loading/unloading spaces, or related soil disturbing activities.
(4) Roads and Driveways: There shall be no roads or driveways except as permitted under these regulations.
(e) Non-Conforming Structures or Uses in Riparian Setbacks.
(1) A non-conforming use within a riparian 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.
(2) A non-conforming accessory structure within a riparian 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 existing building footprint or roofline may not be expanded or enlarged in such a way that would move the structure closer to the stream, river or creek.
(3) A non-conforming structure or use or deteriorated structure within a riparian setback which is in existence at the time of passage of this regulation, and which is discontinued, terminated, or abandoned for a period of two (2) years or more, may not be revived, restored or re- established. This section does not apply to a residence that is vacant and which is not subject to condemnation order. This section shall also not prohibit ordinary repairs to a residence or residential accessory building that are not in conflict with other provisions in this regulation.
(4) In case of a non-conforming residential structure, minor upgrades to the structure that extend further into the riparian setback may be allowed, such as awnings and pervious decks/patios, provided the modifications do not extend more than ten (10) feet further into the riparian setback than the original foundation of the structure existing at the time of passage of this regulation and provided that the modification will not impair the function of the riparian area nor destabilize any slope or stream bank.
(Ord. 17-03. Passed 1-23-17.)