(a) Main Uses.
(1) Within the Waterfront Setback Where the Property is Situated in the Park and Recreational District:
(2) Within the Waterfront Setback Where the Property is Situated in the Residential Use District:
A. Passive uses not involving structures or impervious cover, otherwise complying with applicable law, not involving construction or excavation or the clearing of existing vegetation or the clear-cutting of trees and which are incident to the daily life activities of the property owner;
B. Control of noxious weeds; (ii) removal of damaged or diseased trees (as defined in Section 1169.03(a), and removal of healthy trees with a diameter at breast height of less than six inches, provided that logs or branches greater than six inches in diameter shall be removed from the setback area and lawfully disposed of; (iii) abandonment of a Lawful Nonconforming Waterfront or Riparian Use incident to the restoration of a Waterfront Setback or Riparian Setback to its natural state by introduction of native, non invasive plantings from among those listed on Exhibit A hereto.
(b) Accessory Uses.
(1) Accessory Uses Within the Waterfront Setback Where the Property is Situated in the Park and Recreational District:
(2) Accessory Uses Within the Waterfront and Riparian Setback Where the Property is Situated in the Residential Zoning District:
A. None.
(c) Conditional Uses.
(1) In the Waterfront and Riparian Setback Whether the Property is Situated in the Residential Zoning District or the Park and Recreation Zoning District:
A. Conditional Uses specified in this Code.
B. Installation and maintenance of new lawn areas;
C. Removal of healthy trees with a diameter at breast height of six inches or more.
(2) Applications for Conditional Uses in the Waterfront or Riparian Setbacks shall be considered by the Planning Commission pursuant to the site plan review standards set forth in Section 1133.06 and the following additional considerations:
A. Whether such proposed Conditional Use otherwise complies with the Codified Ordinances and applicable law (i.e. the law governing jurisdictional wetlands);
B. No Conditional Use may be approved to the extent it would result in or increase an encroachment into, a Watercourse
C. Approval of such Conditional Use shall not be construed as allowing trespass on the lands of another;
D. Healthy trees may be removed provided that when any healthy tree greater than six inches in diameter at breast height is removed it shall be replaced with a new tree or trees from among the species set forth on Exhibit A hereto. The replacement trees shall be of the maximum diameter practicable for transplanting. In considering a request for approval of a Conditional Use to permit the removal of a healthy tree as herein provided, the the Planning Commission may consult with the Silver Lake Shade Tree Commission established pursuant to Section 135.02 of the Silver Lake Codified Ordinances. Logs or branches greater than six inches in diameter shall be removed from the setback area and lawfully disposed of;
E. Proposed revegetation and/or reforestation shall employ native trees and/or vegetation as determined by the Ohio Department of Natural Resources as set forth on Exhibit A.
F. Design of stabilization and erosion control measures shall be approved by the Village Engineer and that approval shall be part of the application package submitted to the Planning Commission review.
G. Whether a front, side or rear yard setback zoning variance or similar variance should be considered to maintain the required Waterfront Setback or Riparian Setback.
H. Whether other science-based reasonable remedial or protective steps could be taken in connection with the Conditional Use so as to diminish adverse effects on the Waterfront Setback or the Riparian Setback, as the case may be.
(d) No use permitted under this Section shall be construed as allowing a trespass on the lands of another. In each case, reasonable precautions shall be taken to prevent runoff of sediment, herbicides, pesticides, fertilizer and other treatments into the abutting Watercourse.
(e) The applicant shall be responsible for delineating and identifying the Riparian Setback on all subdivision plans, site plans, permit applications and other submittals Such delineation must be approved by the Summit Water Conservation District and incorporate all conditions and limitations imposed by it. Prior to any soil disturbing activity, the Riparian Setback or the Waterfront Setback, as the case may be, shall be clearly marked with silt fencing or other suitable material by the applicant on site, which shall be maintained throughout the construction period. The setback area shall be maintained in an undisturbed state unless otherwise permitted under these regulations. Fencing shall be removed only when a project is completed.
(f) Upon completion of an approved subdivision, the Riparian Setback or Waterfront Setback, as the case may be, shall be permanently recorded on the plat records for the County of Summit. (Ord. 18-2020. Passed 7-6-21.)