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The following structures and uses may be permitted in a riparian setback, subject to the approval of an application for a zoning certificate by the Zoning Inspector and in accordance with the following regulations and such other applicable regulations contained in this zoning resolution. When granting zoning certificates for the following uses, the Zoning Inspector may, for good cause, attach such conditions as it deems appropriate. Certificates issued under this chapter are issued to the applicant only, shall not be transferred, and shall be void if not implemented within one year of issuance.
(a) Crossings. Crossings of designated watercourses through riparian setbacks with roads, driveways, easements, bridges, culverts, utility service lines, or other means may be permitted provided such crossings minimize disturbance in riparian setbacks and mitigate any necessary disturbances. Such crossings shall be designed by a professional engineer and only be undertaken upon approval of a crossing plan by the Village of Poland Zoning Inspector. Any costs associated with review of crossing plans may be assessed to the applicant.
(b) Streambank Stabilization Projects. Streambank stabilization projects along designated watercourses may be allowed, provided that such measures use natural stream channel design principles. Such streambank stabilization measures shall only be undertaken upon approval of a streambank stabilization plan by the Zoning Inspector. Any costs associated with review of streambank stabilization plans may be assessed to the applicant.
(Ord. 1303-07. Passed 3-20-07.)
Any use not authorized under this chapter shall be prohibited in riparian setbacks. By way of example, the following uses are specifically prohibited, however, prohibited uses are not limited to those examples listed here:
(a) Construction. There shall be no buildings or structures of any kind.
(b) Dredging or Dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquid, or solid materials. (Prosecutorial Opinion Needed - Potential conflict with HB 278)
(c) Fences and Walls. There shall be no fences or walls, except as permitted under this chapter.
(d) Roads or Driveways. There shall be no roads or driveways, except as permitted under this chapter.
(e) Motorized Vehicles. There shall be no use, parking, or storage of motorized vehicles, except as permitted under this chapter.
(f) Disturbance of Natural Vegetation. There shall be no disturbance of natural vegetation within riparian setbacks except for the following:
(1) Maintenance of lawns, landscaping, shrubbery, or trees existing at the time of passage of this chapter.
(2) Cultivation of lawns, landscaping, shrubbery, or trees in accordance with an approved landscaping plan submitted in conformance with this chapter.
(3) Conservation measures designed to remove damaged or diseased trees or to control noxious weeds or invasive species.
(g) Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles. There shall be no parking spaces, parking lots, or loading/unloading spaces.
(h) New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Riparian setbacks shall nor be used for the disposal or treatment of sewage, except as necessary to repair or replace an existing home sewage disposal system in accordance with local health district regulations.
(i) Storm Water Retention and Detention Facilities. Riparian setbacks shall not be used for storm water retention and detention facilities.
(Ord. 1303-07. Passed 3-20-07.)
(a) A non-conforming use, existing at the time of passage of this chapter and within a riparian setback, that is not permitted under this chapter may be continued but shall not be changed or enlarged unless changed to a use permitted under this chapter.
(b) A non-conforming structure, existing at the time of passage of this chapter and within a riparian setback, that is not permitted under this chapter may be continued but shall not have the existing building footprint or roofline expanded or enlarged.
(c) A non-conforming structure or use, existing at the time of passage of this chapter and within a riparian setback, that has substantial damage and that is discontinued, terminated, or abandoned for a period of six months or more may not be revived, restored, or re-established. (Prosecutorial Opinion Needed)
(Ord. 1303-07. Passed 3-20-07.)
(a) The Board of Zoning Appeals may grant a variance to this chapter as provided herein. In granting a variance, the following conditions shall apply:
(1) In determining whether there is unnecessary hardship with respect to the use of a property or practical difficulty with respect to maintaining the riparian setback as established in this chapter, such as to justify the granting of a variance, the Board of Zoning Appeals shall consider the potential harm or reduction in riparian functions that may be caused by a proposed structure or use.
(2) The Board of Zoning Appeals may not authorize any structure or use in a Zoning District other than those authorized in the Zoning Code.
(3) Variances shall be void if not implemented within one year of the date of issuance. (Prosecutorial Opinion Needed)
(b) In making a determination under Section 1488.10(a) of this chapter, the Board of Zoning Appeals may consider the following:
(1) The natural vegetation of the property as well as the percentage of the parcel that is in the 100-year floodplain. The criteria of Poland Village Code Section 242.01 (Flood Damage Prevention) may be used as guidance when granting variances in the 100-year floodplain.
(2) The extent to which the requested variance impairs the flood control, erosion control, water quality protection, or other functions of the riparian setback. This determination shall be based on sufficient technical and scientific data.
(3) The degree of hardship, with respect to the use of a property or the degree of practical difficulty with respect to maintaining the riparian setback as established in this chapter, placed on the landowner by this chapter and the availability of alternatives to the proposed structure or use.
(4) Soil-disturbing activities permitted in the riparian setback through variances should be implemented to minimize clearing to the extent possible and to include Best Management Practices necessary to minimize erosion and control sediment.
(5) The presence of significant impervious cover, or smooth vegetation such as maintained lawns, in the riparian setback compromises its benefits to the Village of Poland. Variances should not be granted for asphalt or concrete paving in the riparian setback. Variances may be granted for gravel driveways when necessary.
(6) Whether a property, otherwise buildable under the ordinances of the Village of Poland, will be made unbuildable because of this chapter.
(c) In order to maintain the riparian setback to the maximum extent practicable, the Board of Zoning Appeals may consider granting variations to other area or setback requirements imposed on a property by the Zoning Code.
(d) In granting a variance under this chapter, the Board of Zoning Appeals, for good cause, may impose such conditions that it deems appropriate to maintain the purposes of this chapter.
(Ord. 1303-07. Passed 3-20-07.)
Any applicant seeking a variance to the conditions imposed under this chapter or an appeal to an administrative decision made under this chapter shall follow procedures as set forth in Poland Village Codified Ordinance Section 1264.04.
(Ord. 1303-07. Passed 3-20-07.)
The identification of riparian setbacks shall be inspected by the Village of Poland:
(a) Prior to soil disturbing activities authorized under this chapter. The applicant shall provide the Village of Poland with at least fifteen working days written notice prior to starting such soil disturbing activities.
(b) Any time evidence is brought to the attention of the Village of Poland that uses or structures are occurring that may reasonably be expected to violate the provisions of this chapter.
(Ord. 1303-07. Passed 3-20-07.)
(a) Any person who shall violate any section of this chapter shall be guilty of a misdemeanor of the fourth degree and, upon conviction thereof, shall be subject to punishment as provided in Ohio R.C. 519.99 and shall be required to restore the riparian setback through a restoration plan approved by the Board of Zoning Appeals.
(b) The imposition of any other penalties provided herein shall not preclude the Village of Poland from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules, or regulations, or the orders of the Village of Poland Zoning Inspector.
(Ord. 1303-07. Passed 3-20-07.)
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