1249.08  PERMITTED BUILDINGS, STRUCTURES, USES AND RELATED SOIL DISTURBING ACTIVITIES WITHIN A RIPARIAN SETBACK WITH A ZONING PERMIT.
   Only the following buildings, structures, uses, and related soil disturbing activities may be permitted within a riparian setback, subject to the approval of an application for a use by the Zoning Inspector and in accordance with the following regulations and such other applicable regulations contained in this Zoning Ordinance.
   (a)   Crossings: Crossings of designated watercourses through riparian setbacks with roads, driveways, easements, bridges, culverts, utility service lines, or other means may be permitted, subject to the other regulations contained in this chapter and the regulations enforced by the Medina SWCD and the Village Engineer. 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 Zoning Inspector. 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 the 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.
   (b)   Streambank Stabilization Project: Streambank stabilization projects along designated watercourses, subject to other regulations contained in this chapter and the regulations enforced by the Medina SWCD. If streambank stabilization work is proposed below the ordinary high water mark of a designated watercourse, proof of compliance with the applicable conditions of U.S. Army Corps of Engineers Section 404 Permit (either a Nationwide Permit 13, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification), shall be provided to the Zoning Inspector. 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 Nationwide Permit 13, or
      (2)   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under Nationwide Permit 13, or
      (3)   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
   (c)   Storm Water Retention and Detention Facilities: Storm water retention and detention facilities, provided:
      (1)   Storm water quality treatment consistent with current Ohio EPA and Medina SWCD regulations is incorporated into the storm water retention and detention facilities.
      (2)   Where the riparian setbacks are less than or equal to 50 feet, the storm water detention and retention facilities may be located within the riparian setback.
      (3)   Where the riparian setbacks are greater than 50 feet, storm water retention and detention facilities are located at least 50 feet from the ordinary high water mark of the designated watercourse.
   (d)   Signs: Signs in accordance with this Zoning Ordinance.
(Ord. 2019-04.  Passed 4-2-19.)