All development in areas identified for Riparian Preservation, as defined in Section 10-34-4, shall comply with the following standards:
A. Development shall be subject to all Development Standards for Floodplain Corridor Lands (Section 10-34-6).
B. Within these areas in addition to the standards for Undeveloped Floodplains, no land disturbing activity is allowed except as permitted in this section.
C. Permitted Uses:
1. Up to ten percent (10%) of the area may be disturbed for private yard structures including but not limited to: storage sheds, gardens, yards, trails, and clearings, except that no disturbance is permitted for 404 identified areas. Treatment of wetlands for land use and development proposals shall follow those mandated by Utah State Code. Wellsville City may act upon a land use and/or development proposal containing wetlands without prior mitigation of those wetlands, but in no case shall structures, infrastructure, improvements, utilities and the like be developed, constructed, built and/or occupied in areas containing wetlands without prior approval, including mitigation measures, from the U.S. Army Corps of Engineers.
2. Repair, replacement or improvement of utility facilities where:
a. The disturbed portion of the Riparian Preservation lands is restored; and
b. Non-native vegetation is removed from the riparian preservation lands and replaced with native riparian vegetation as approved by the Planning Commission.
3. Additions, alterations, rehabilitation, or replacement of existing structures that do not increase existing structural footprint in the Riparian Preserve lands where the disturbed portion of the area is restored using native vegetative cover.
4. Stream, wetland, riparian and upland enhancement or restoration projects;
5. Farming practices and farm uses, excluding buildings and structures, and the pasturing of livestock within twenty-five feet (25') of the stream.
6. Routine repair and maintenance of existing structures, roadways, driveways, utility facilities, accessory uses and other development.
7. Measures to remove or abate nuisances, or any other violation of State statute, administrative agency rule or City ordinance. (Ord. 2019-04, 10-16-2019)