Aurora City Zoning Code
CHAPTER 1157
Riparian Areas and Wetlands
1157.01 RIPARIAN AREAS AND RIPARIAN SETBACKS.
(a) Purpose. The purpose of this Section 1157.01 and related Sections of this Chapter is to protect and promote the public health, safety and welfare by regulating the use of riparian areas, that is, those areas abutting rivers, streams, and other natural watercourses upon which the impacts of stormwater runoff, water pollution, erosion, siltation, and other development impacts may become concentrated and which areas are necessary to preserve the ecological health and natural functions of watercourses for the common good. It is intended that these regulations, administered in concert with other regulations affecting development practices throughout the City, will benefit the properties which are within, or which contain parts of, riparian areas, benefit the City as a whole, and benefit areas outside of and downstream of the City which are affected by impacts on the City's riparian areas. More specifically, these regulations are intended to:
(1) Reduce flood impacts and downstream flood hazard risks by absorbing peak flows, slowing velocity of flood waters and regulating base flow.
(2) Stabilize the banks of watercourses to reduce bank erosion and the downstream transport of sediments eroded from watercourse banks.
(3) Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.
(4) Reduce pollutants in watercourses by filtering, settling and transforming pollutants in runoff before they enter watercourses.
(5) Provide watercourse habitats with shade and food.
(6) Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system.
(7) Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.
(8) Benefit the City by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as dams, retention basins, gabion baskets, and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents; and by contributing to the scenic beauty and environment of the City, and thereby preserving the character of the City, the quality of life of the residents of the City, and corresponding property values.
(9) Reduce or prevent construction of buildings and other construction in riparian areas which are characterized by conditions such as high groundwater, flooding, erosion, and soil limitations, which prohibit normal construction practices and require special protective measures for construction and long-term maintenance. Also, reduce or prevent such construction which now, or in the future, may be damaged by flooding resulting from increased runoff due to upstream impacts.
(10) Minimize the creation of lots which are in whole or part difficult or impractical for the establishment of permitted uses within the respective districts due to the presence of riparian areas.
(11) Enable the City to more effectively execute its responsibilities in administration and enforcement of applicable federal and state regulations.
(12) Establish local regulations that are compatible with and supportive of the regulations enacted in other communities within the same watersheds, in the interest of protecting and enhancing the characteristics of these shared natural resources.
(c) Establishment of Riparian Areas and Riparian Setbacks. The following areas are riparian areas and riparian setbacks: (Ord. 2013-130. Passed 1-27-14.)
(1) Riparian areas generally. Any area abutting the ordinary high water mark of a watercourse, also known as the stream channel, and which may be indicated by changes in vegetation, slope, or bank materials, evidence of scouring, and stain lines, shall be riparian areas. The location and extent of a riparian area shall be determined and documented as approved by the City.
(2) Riparian setbacks generally. Any area described by the following subsections shall be a riparian setback. The location and extent of a riparian setback shall be determined and documented as approved by the City.
A. Minimum Riparian Setback. Any area of land which abuts a watercourse, extending outward in a horizontal direction from the ordinary high water mark of a watercourse a distance of not less than twenty-five (25) feet or a greater distance as specified in subsection (c)(3) hereof.
B. Floodplain. The 100-year floodplain shall have a minimum setback of one hundred feet (100'). Where the 100-year floodplain is wider than the minimum riparian setback on either or both sides of a watercourse, then the minimum riparian setback shall be extended to the outer edge of the 100-year floodplain setback of fifty feet (50').
The 100-year floodplain shall be defined by Federal Emergency Management Agency (FEMA) or a site-specific floodplain delineation in conformance with standard engineering practices and approved by the Director of Planning and Zoning. Any costs associated with reviewing this site specific floodplain delineation may be assessed by the City to the applicant.
(3) Specified riparian areas and riparian setbacks. The following specified areas, in addition to any others described in subsections (c)(2) and (3) hereof, shall be riparian areas and riparian setbacks subject to the provisions of this Chapter:
A Aurora Branch of the Chagrin River. The watercourse known as the Aurora Branch of the Chagrin River shall have a minimum riparian setback of not less than one hundred feet (100') on either side, extending outward in a horizontal direction from the ordinary high water marks of the watercourse.
B. For any watercourse draining a watershed area of between one-half (0.5) a square mile and twenty (20) square miles, the minimum riparian setback shall be seventy-five (75) feet.
C. Minimum of fifty (50) feet on each side of all streams draining an area greater than 0.05 square mile and up to 0.5 square mile.
D. Minimum of thirty (30) feet on each side of all streams draining an area less than 0.05 square mile.
(Ord. 2022-089. Passed 5-23-22.)
1157.02 WETLAND SETBACKS.
(a) Purpose. The purpose of this Section 1157.02 and related Sections of this Chapter is to establish controls to protect and promote the public health, safety and welfare by regulating the use of the areas surrounding wetlands. It is anticipated that these regulations, administered in concert with other regulations affecting development practices throughout the City, will benefit properties which are within, or which contain parts of, wetlands, will benefit the City as a whole, and will benefit areas outside of the City which are affected by impacts on the City's wetlands. More specifically, these regulations are intended to:
(1) Preserve the flood control, water quality, and runoff stabilization functions of wetlands;
(2) Preserve the wildlife habitat and plant association functions of wetlands;
(3) Permit use of land surrounding wetlands in a manner consistent with these regulations.
(4) Reduce or prevent construction of buildings and other improvements in wetland setbacks that may be characterized by conditions such as high groundwater, flooding, erosion, and soil limitations, which prohibit normal construction practices and require special protective measures for construction and long-term maintenance.
(5) Minimize the creation of lots which are in whole or part difficult or impractical for the establishment of permitted uses within the respective districts due to the presence of wetlands.
(6) Enable the City to more effectively execute its responsibilities in administration and enforcement of applicable federal and state regulations.
(7) Protect surface water and groundwater quality by filtering pollutants from stormwater runoff.
(8) Promote the recharge of natural groundwater resources.
(c) Establishment of Wetland Areas and Wetland Setbacks.
(1) The following areas are wetland areas:
A. All wetlands ranked by an appropriate wetland evaluation methodology accepted and approved by Ohio EPA as Ohio EPA Category 2 Wetlands.
B. All wetlands ranked by an appropriate wetland evaluation methodology accepted and approved by Ohio EPA as Ohio EPA Category 3 Wetlands.
(2) The following are wetland setbacks:
A. Areas located within seventy-five (75) feet of an Ohio EPA Category 2 Wetlands.
B. Areas located within one hundred twenty (120) feet of an Ohio EPA Category 3 Wetlands.
(Ord. 2013-130. Passed 1-27-14.)
1157.03 DELINEATIONS REQUIRED.
The following procedures and standards shall apply to the delineation of riparian areas, riparian setbacks, wetland areas, and wetland setbacks:
(a) Upon receipt of an application for:
(1) Minor subdivision;
(2) Major subdivision;
(3) Site plan for any use or structure; or
(4) Application for a building permit;
the Director of Planning, Zoning and Building and the Director of Engineering, Utilities and Inspections, hereafter the City Engineer, shall determine if there is potential that the property which is the subject of the application includes part of a riparian area, riparian setback, wetland area, or wetland setback. The determination shall be made based upon available information regarding the location, extent, and characteristics of riparian areas, riparian setbacks, wetland, or wetland setbacks in proximity to the subject property.
(b) The Director of Planning, Zoning and Building and the City Engineer may waive the requirement for delineation if they determine:
(1) That it is unlikely that the property includes part of a riparian area, riparian setback, wetland area, or wetland setback; or
(2) That the proposed construction is unlikely to be located in or have any impact upon any riparian area, riparian setbacks, wetland area, or wetland setbacks; or
(3) That the potential for impact of the proposed construction upon any riparian area, riparian setback, wetland area, or wetland setback has already been reviewed and approved by the Planning Commission in a subdivision plan, site plan, or other approval by the City.
(c) If the Director of Planning, Zoning and Building and the City Engineer determine that there is potential that the subject property includes part of a riparian area, riparian setback, wetland area, or wetland setback, and that the delineation requirement should not be waived, then they shall direct the applicant to prepare and submit a delineation of such areas according to the provisions of this Chapter.
(d) The applicant shall be responsible for engaging the services of a Professional Wetland Scientist to delineate the riparian areas, riparian setbacks, wetland areas, or wetland setbacks consistent with the provisions of this Chapter, and shall identify the areas on plats or site plans for any proposed minor subdivision, major subdivision, site development, or other construction subject to a building permit. This delineation shall be conducted prior to any further action by the City in review or approval of any plats or site plans for any proposed minor subdivision, major subdivision, site development, or other construction subject to a building permit. This delineation shall be done through a metes and bounds survey and shall be subject to review and approval by the Director of Planning and Zoning and by the City Engineer. As the result of this review, the Director of Planning and Zoning may require further studies from the developer, applicant, or designated representative.
Wetlands shall be delineated and categorized by a site survey approved by the City Engineer using delineation protocols accepted and approved by the U.S. Army Corps of Engineers. All wetland categorizations shall be based on the Ohio Environmental Protection Agency, Ohio Rapid Assessment Method
(e) Prior to any land clearing, grading or grubbing, the applicant shall mark the site by properly staked orange construction fencing or other methods approved by the Director of Planning, Zoning and Building to indicate the boundaries of the riparian setback, wetland area, or wetland setback. The markings shall be maintained throughout construction.
(f) No approvals or permits for uses, subdivisions, building construction, or other site improvements shall be issued by the Director of Planning, Zoning and Building or by the City Engineer prior to delineation and prior to determination that such approval or permits comply with these regulations.
(g) All watercourses, riparian setbacks, wetland areas, and wetland setbacks shall be drawn on the recorded plat of any approved subdivision of land. The watercourses, riparian setbacks, wetland, and wetland setbacks shall be shown on any approved site plan.
(Ord. 2013-130. Passed 1-27-14.)
1157.04 ACTIVITIES IN RIPARIAN AND WETLAND SETBACKS.
(a) Except as otherwise provided in this Code, lands within riparian setbacks and wetland setbacks shall be preserved in their natural state. The following activities as set forth in subsections (a)(1) through (6) shall be permitted in riparian setbacks and wetland setbacks provided they are otherwise permitted in this zoning code. No use permitted under this ordinance shall be construed as allowing or encouraging trespass on privately held lands.
(1) Recreational Activity. Passive recreational uses such as hiking, picnicking and related uses.
(2) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed.
(3) Revegetation and/or Reforestation. The revegetation and/or reforestation of the riparian setback and the wetland setback shall be allowed.
(4) Other activities similar to those listed in Section 1157.04 (a)(1-3), as approved by the Planning Commission.
(5) Streambank Stabilization/Erosion Control Measures. Streambank stabilization/erosion control measures may be allowed provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical and available. Such streambank stabilization/erosion control measures shall only be undertaken upon approval of an Erosion Control Plan by the Director of Planning, Zoning and Building and the City Engineer.
If streambank stabilization work is proposed below the ordinary high water mark of the watercourse, proof of compliance with the applicable conditions of a US Army Corps of Engineers Section 404 Permit (either a applicable Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification, as presently enacted, amended, or superceded in the future) shall be provided to the City. Proof of compliance shall be the following:
A. A site plan showing that any proposed streambank stabilization conforms to the general and special conditions of the applicable Nationwide Permit, or
B. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit, or,
C. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit and Ohio EPA water quality certification.
(6) Crossings. Crossings through riparian setbacks or wetland setbacks by bridges, culverts, or other construction for pedestrians, vehicles, sewer and/or water lines, and public utility transmission lines may only be allowed upon approval of a Crossing Plan by the Director of Planning, Zoning and Building and the City Engineer. Such crossings shall minimize disturbance to the land within riparian and wetland setbacks, shall not disturb the bed of the watercourse, and shall mitigate any approved disturbances. The Director of Engineering may require additional hydraulic analysis to ensure no increase in the water surface elevation of adjoining properties as the result of an approved crossing.
(b) Prohibited Activities. Any activity not expressly authorized by this section shall be prohibited in the respective riparian setback and wetland setback. By way of example, the following activities are specifically prohibited, however, prohibited activities are not limited to those examples listed here:
(1) Construction. No structures shall be constructed.
(2) Dredging or dumping. Except as otherwise provided in this Chapter, there shall be no drilling, filling, dredging or dumping of soil, spoils, liquid or solid materials, except for noncommercial composting of uncontaminated natural materials.
(3) Motorized vehicles. There shall be no use of motorized vehicles of any kind, except as approved in the conduct of a permitted activity.
(4) Disturbance of natural vegetation. There shall be no disturbance of the natural vegetation, except for such conservation maintenance that the landowner deems necessary to control noxious weeds; for such plantings as are consistent with activities permitted by this Chapter; and for the passive enjoyment, access and maintenance of landscaping or lawns existing at the time of passage of this ordinance. Nothing in this section shall be construed as requiring a landowner to plant or undertake any other activities in the riparian or wetland setback provided the landowner allows for natural succession.
(5) Parking lots and driveways. There shall be no parking lots, driveways, or other human-made impervious surfaces, except as permitted under Crossings, above.
(6) New surface and/or subsurface sewage disposal or treatment areas. The riparian setback and the wetland setback shall not be used for the disposal or treatment of sewage except in accordance with Portage District Board of Health regulations at the time of application of this chapter.
(Ord. 2013-130. Passed 1-27-14.)
1157.05 REVIEW OF PLANS.
In reviewing plans required by this Chapter, the Director of Planning, Zoning and Building and the City Engineer may consult with representatives of the Ohio Department of Natural Resources, Division of Forestry; Ohio Department of Natural Resources, Division of Natural Areas and Preserves; Ohio Environmental Protection Agency, Division of Surface Water, Portage Soil and Water Conservation District; or other technical experts as necessary.
(Ord. 2013-130. Passed 1-27-14.)
1157.06 INSPECTIONS.
The riparian setback, wetland, or wetland setback shall be inspected by the Director of Planning, Zoning and Building when:
(a) A preliminary subdivision plat or site plan is submitted to the City.
(b) A building permit is requested.
(c) Prior to any land clearing or grading to inspect the delineation of the riparian setback, wetland, or wetland setback.
(Ord. 2013-130. Passed 1-27-14.)
1157.07 VARIANCES WITHIN RIPARIAN AND WETLAND SETBACKS.
(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 maintaining the riparian or wetland setback as established in this regulation such as to justify the granting of a variance, the Planning Commission shall consider:
A. The potential harm or reduction in riparian or wetland functions that may be caused by a proposed activity.
B. If the applicant has demonstrated a hardship beyond economic considerations and not created by his or her prior activities on the property such as lot splits.
C. If the variance requested is the minimum that would alleviate the hardship.
(2) The Planning Commission may not authorize any activity in a Zoning District other than those authorized in the Zoning Code.
(3) Variances shall be void if not implemented within one (1) year of the date of issuance; if the variance is part of a site plan or subdivision application currently being processed, the variance shall be valid until the site plan process is concluded.
(b) In making a determination under Section 1157.07 (a) of this regulation, the Planning Commission may consider the following:
(1) The natural vegetation of the property.
(2) The percentage of the parcel that is in the 100-year floodplain. When granting a variance in the 100-year floodplain, the Planning Commission shall require the applicant to demonstrate that the proposed activity will cause no increase in the water surface elevation. The Director of Engineering may also require proposals from the applicant for on-site compensatory flood storage mitigation to compensate for impacts to the 100-year floodplain.
(3) The extent to which the requested variance impairs the flood control, erosion control, water quality protection, or other functions of the riparian or wetland setback, watercourse, or wetland.
(4) The extent to which the applicant has demonstrated the use of stream and/or wetland mitigation within the City of Aurora to compensate for the loss of non-structural flood control, erosion control, and water quality protection functions as a result of the proposed impacts requested with the variance.
(5) Any mitigation approved by this variance procedure shall first be in compliance with applicable Ohio EPA and U.S. Army Corps requirements.
(6) The degree of hardship with respect to maintaining the riparian or wetland setback as established in this regulation, and the availability of alternatives to the proposed activity.
(7) The extent to which soil-disturbing activities are proposed in such a fashion as to minimize clearing and erosion and to control sediment.
(c) 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.
(d) The Planning Commission is prohibited from granting a variance under this section if the applicant is able to obtain compliance with this Chapter through one or more variances from other provisions of the Zoning Code pursuant to Section 1139.03 of the Code, unless the applicant has applied to the Board of Zoning Appeals for variances and such variance requests have been denied. (Ord. 2013-130. Passed 1-27-14.)
1157.08 PROCEDURES FOR VARIANCES AND APPEALS.
(a) Any applicant seeking a variance from the conditions imposed under this regulation or an appeal of 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 procedures shall apply:
(1) When filing an appeal from an administrative decision or an application for a variance, the applicant shall file a notice of appeal or request for variance specifying the grounds therefor with the Planning, Zoning and Building Director within 30 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) plus a deposit of one hundred dollars ($100.00) towards mailing costs, the Director of Planning, Zoning and Building shall transmit to the Planning Commission the application and a transcript or other documents that constitute the record from which the administrative decision subject to appeal was based.
(2) The applicant shall pay all mailing costs.
(3) Applications for appeals or variances made under this regulation shall be made on a form supplied by the Planning, Zoning and building Division, and may contain the following information:
A. The name, address, and telephone number of the applicant and relationship to the property owner.
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. Applications for variances or appeals of administrative decisions shall not be resubmitted to the Planning Commission within one (1) 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:
1. Newly discovered evidence that could not have been presented with the original submission, or
2. Evidence of a 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.
(c) Any variance granted under this Chapter 1157 shall only be valid for twelve (12) months from the date of such grant unless a building permit or zoning approval is obtained within such period, and unless the erection or alteration of a building is started or the use is commenced within such period in compliance with the approvals and permits. When a variance has been stated as a condition of approval of a site plan, the granting of the variance shall be contingent on conformance with the site plan.
(Ord. 2013-130. Passed 1-27-14.)
1157.09 NONCONFORMING SETBACKS.
(a) Nonconforming Setback of Building and Structures Not Affected By this Chapter: The setback of any dwelling, building, or structure, as existing and lawful at the time of enactment of this Chapter 1157 or amendment thereto, may be continued, although such use does not conform with this Chapter, but if any such nonconforming setback is voluntarily discontinued for two (2) years or more, any future setback of said dwelling, building, or structure shall be in conformity with this Chapter 1157 or amendment thereto.
(b) Completion of Buildings or Structures: The completion of any dwelling, building, or structure which commenced prior to enactment of this Chapter 1157 or amendment thereto, and for which a zoning certificate has been lawfully obtained, may be continued and completed, although the location of such building or structure does not conform with the setback requirements of this Chapter 1157 or amendment thereto. To qualify for nonconforming status under this section, construction must be completed within two (2) years of enactment of this Chapter 1157 or amendment thereto.
(c) Nonconforming Subdivisions: In any zoning district, the setbacks as set forth herein shall not be required on any sublot as shown on a final plat of a subdivision recorded in conformity with sections 1105.05 (a) or (b) of this code, if either the plat or the application to build on the sublot satisfies (1) through (5) below. All five criteria must be met.
(1) The sublot is shown on a final plat of a subdivision which was approved by the Aurora City Council for record purposes (not for acceptance of streets and/or utilities for dedication to the city) prior to the enactment of Chapter 1157 or amendment thereto which resulted in its nonconformity; and
(2) The sublot is shown on a plat which was filed for record (not for acceptance of streets and/or utilities for dedication to the city) in the office of the county recorder prior to or within two (2) years after the enactment of Chapter 1157 or amendment thereto which resulted in its nonconformity; and
(3) The application to use the sublot is filed with either the Zoning Department or the Building Department within two years of the date the plat is filed for record purposes (not for acceptance of streets and/or utilities for dedication to the city); and
(4) The sublot upon which an application is filed is in conformity with all of the regulations of the zoning code which were in effect immediately prior to the enactment of Chapter 1157 or amendment; and
(5) The amount of nonconformity created under this chapter has not increased since the nonconformity began.
(Ord. 2013-130. Passed 1-27-14.)