No grade plan or preliminary plot plan provided for under the provisions of this chapter shall be required for the filling or restoration of the eroding banks of properties fronting on Lake Erie within the City, subject to the following conditions:
(a) The filing or restoration shall not extend above the natural uneroded grade of the property being filled or any of the properties adjacent thereto.
(b) The fill shall not involve or consist of a grading or tapering of the uneroded portion of the property.
(c) In the event the fill extends above the natural uneroded grade of the property being filled or any of the properties adjacent thereto, or the operation involves the tapering or grading down of the property, the owner of the property involved or any other person engaged in such operation shall be required to comply with the provisions of Sections 1323.01 through 1323.03.
(d) A person constructing a new structure or addition in excess of 500 square feet immediately adjacent to the Lake Erie shoreline must obtain a permit from the Ohio Department of Natural Resources prior to beginning construction.
Stand-alone structures not designed for human occupancy such as a garage, shed, gazebo, or deck are exempt from CEA permits.
(e) No permit shall be issued for the construction of any building or structure on property fronting on Lake Erie unless and until there is filed with the Division of Building and Housing a certificate by an engineer registered with the State and qualified in geology and soils engineering certifying that the proposed construction:
(1) Is adequately protected against mudslide damage; and
(2) Will not aggravate any existing tendency toward mudslide hazards either to the subject or adjacent property, or in lieu of paragraph (e)(1) hereof and this paragraph,
(3) Is of such a distance from the waterline of Lake Erie that the construction would not in the foreseeable future be subject to any mudslide hazard.
(Ord. 1999-24. Passed 1-19-99.)