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(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 this regulation. No use permitted under this regulation shall be construed as allowing trespass on privately-held lands.
(1) Recreational activity. Hiking, fishing, hunting, picnicking, and similar passive recreational uses, as permitted by Federal, State, and local laws.
(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 Commission. When granting conditional use permits for the following uses, the Planning Commission may, for good cause, attach such conditions as it deems appropriate. Permits issued under this regulation are issued to the applicant only, shall not be transferred, and shall be void if not implemented within one year of issuance.
(1) Crossings.
A. 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 only be undertaken upon approval of a Crossing Plan by the Planning Commission. Any costs associated with review of Crossing Plans may be assessed to the applicant.
B. If work will occur below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a U.S. Army Corps of Engineers Section 404 Permit (either a nationwide permit, including the Ohio State Certification Special Conditions and Limitations, or an individual permit, including Ohio 401 water quality certification), shall also be provided to the Village. Proof of compliance shall be the following:
1. A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable nationwide permit; or
2. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable nationwide permit; or
3. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an individual permit.
(2) Stream bank stabilization projects.
A. Stream bank stabilization projects along designated watercourses may be allowed, provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species to the maximum extent practicable. Such stream bank stabilization measures shall only be undertaken upon approval of a Stream Bank Stabilization Plan by the Planning Commission. Any costs associated with review of Stream Bank Stabilization Plans may be assessed to the applicant.
B. If stream bank stabilization work is proposed below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a U.S. Amy Corps of Engineers Section 404 Permit (either a nationwide permit; including the Ohio State Certification Special Conditions and Limitations, or an individual permit, including Ohio 401 water quality certification) shall be provided to the Village. Proof of compliance shall be the following:
1. A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable nationwide permit; or
2. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable nationwide permit; or
3. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an individual permit.
(3) Storm water management facilities. Storm water management facilities may be constructed in the riparian setback, provided:
A. Where the minimum riparian setback is less than or equal to 50 feet, the storm water management facilities are located outside the minimum riparian setback.
B. Where the minimum riparian setback is greater than 50 feet, storm water management facilities are located at least 50 feet from the ordinary high water mark of the designated watercourse.
(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 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 practicable.
B. Maintain trees, shrubbery and other non-lawn, woody vegetation in the riparian setback to the maximum extent practicable.
(Ord. 2010-34. Passed 12-14-10.)
Any use not authorized under this regulation 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, except for noncommercial composting of uncontaminated natural materials and except as permitted under this regulation.
(c) Fences and Walls. There shall be no fences or walls, except as permitted under this regulation.
(d) Roads or Driveways. There shall be no roads or driveways, except as permitted under this regulation.
(e) Motorized Vehicles. There shall be no use of motorized vehicles, except as permitted under this regulation.
(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 regulation.
(2) Cultivation of lawns, landscaping, shrubbery, or trees in accordance with an approved Landscaping Plan submitted in conformance with this regulation.
(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 not be used for the disposal or treatment of sewage, except as necessary to repair or replace an existing home sewage disposal system and in accordance with recommendations of the Cuyahoga Board of Health.
(Ord. 2010-34. Passed 12-14-10.)
(a) A nonconforming use, existing at the time of passage of this regulation and within a riparian setback, that is not permitted under this regulation, may be continued but shall not be changed or enlarged unless changed to a use permitted under this regulation.
(b) A nonconforming structure, existing at the time of passage of this regulation and within a riparian setback, that is not permitted under this regulation, may he continued but shall not have the existing building footprint or roofline expanded or enlarged.
(c) A nonconforming structure or use, existing at the time of passage of this regulation 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.
(Ord. 2010-34. Passed 12-14-10.)
(a) The Planning Commission may grant a variance to this regulation 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 regulation, such as to justify the granting of a variance, the Planning Commission shall consider the potential harm or reduction in riparian functions that may be caused by a proposed structure or use.
(2) The Planning Commission may nol 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.
(b) In making a determination under division (a) of this section, the Planning Commission 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 Chapter 1468, Flood Damage Reduction, 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 regulation, placed on the landowner by this regulation 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. Variances should not be granted for asphalt or concrete paving in the riparian setback. Variance may be granted for gravel driveways when necessary.
(6) Whether a property, otherwise buildable under the ordinances of the Village, will be made unbuildable because of this regulation.
(c) In order to maintain the riparian setback to the maximum extent practicable, the Planning Commission 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 regulation, the Planning Commission, for good cause, may impose such conditions that it deems appropriate to maintain the purposes of this regulation.
(Ord. 2010-34. Passed 12-14-10.)
(a) Any applicant seeking a variance to the conditions imposed under this regulation or an appeal to an administrative decision made under this regulation, other than a decision by the Planning Commission, may apply to or appeal to the Planning Commission. The following conditions shall apply:
(1) When filing an application for an appeal to an administrative decision, the applicant shall file a notice of appeal specifying the grounds therefor with the administrative official within 20 days of the administrative official's decision. Upon determining that the application is complete and upon receipt of the required fee of one hundred dollars ($100.00), the administrative official shall transmit to the Planning Commission the application and a transcript constituting the record from which the administrative decision subject to appeal was based. This transmission shall occur no less than 14 days prior to a regularly scheduled meeting of the Planning Commission in order to be placed on the agenda for that meeting.
(2) When applying for a variance, the applicant shall file a variance request with the Planning Commission.
(3) Applications for appeals or variances made under this regulation shall contain the following information:
A. The name, address, and telephone number of the applicant.
B. Proof of ownership or authorization to represent the property owner.
C. The location of the property, including street address and permanent parcel number.
D. The current zoning of the property.
E. A description of the project for which the appeal or variance is sought.
F. A description of the administrative decision being appealed or the conditions of the regulation from which a variance is sought.
G. Names and addresses of each property owner within 500 feet as shown in the current records of the Cuyahoga Auditor typed on gummed labels.
(4) Applications for variances or appeals of administrative decisions shall not be resubmitted to the Planning Commission within one year of the date of a final decision by the Planning Commission on the original application, unless the applicant shows the Planning Commission either of the following:
A. Newly discovered evidence that could not have been presented with the original submission; or
B. Evidence of a substantial change in circumstances since the time of the original submission.
(b) A decision by the Planning Commission in response to an application for a variance request or an appeal of an administrative decision filed pursuant to this regulation shall be final.
(Ord. 2010-34. Passed 12-14-10.)
The identification of riparian setbacks shall be inspected by the Village:
(a) Prior to soil-disturbing activities authorized under this regulation. The applicant shall provide the Village with at least two working days written notice prior to starting such soil-disturbing activities.
(b) Any time evidence is brought to the attention of the Village that uses or structures are occurring that may reasonably be expected to violate the provisions of this regulation.
(Ord. 2010-34. Passed 12-14-10.)
(a) Any person who shall violate any section of this regulation shall be guilty of a misdemeanor of the first degree and, upon conviction thereof, shall be subject to punishment as provided in Chapter 698, and shall be required to restore the riparian setback through a restoration plan approved by the Planning Commission.
(b) The imposition of any other penalties provided herein shall not preclude the Village 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 regulation or other applicable laws, ordinances, rules or regulations, or the orders of the Zoning Inspector.
(Ord. 2010-34. Passed 12-14-10.)