Clinton City Zoning Code
RIPARIAN SETBACK
DEVELOPMENT STANDARDS
§ 152.190 PURPOSE.
(A) It is hereby determined that the system of streams within the village contribute to the health, safety, and general welfare of the residents of the village. The purpose of these riparian setback development standards is to protect and preserve the water quality within streams of the village and to protect residents of the village from property loss and damage because of flooding and other impacts of the stream. These regulations shall control uses and development within a riparian setback that would impair the ability of the riparian area to:
(1) Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters and regulating base flow;
(2) Stabilize the banks of streams to reduce bank erosion and the downstream transport of sediments eroded from stream banks;
(3) Reduce pollutants in streams during periods of high flows by filtering, settling and transforming pollutants already present in streams;
(4) Reduce pollutants in streams during periods of high flows by filtering, settling and transforming pollutants in runoff before they enter streams;
(5) Provide areas for natural meandering and lateral movement of stream channels;
(6) Reduce the presence of aquatic nuisance species to maintain diverse and connected riparian vegetation;
(7) Provide high quality stream habitats with shade and food to a wide array of wildlife by maintaining diverse and connected riparian vegetation;
(8) Benefit the village economically by minimizing encroachment on stream channels and reducing the need for costly engineering solutions such as dams and riprap, to protect structures and reduce property damage and threats to the safety of watershed residents, and by contributing to the scenic beauty and to the environment of the village, the quality of life of the residents of the village and corresponding property values; and
(9) Protect the health, safety and welfare of the citizens of the village.
(B) This subchapter has been adopted to protect these services of riparian areas by providing reasonable controls governing structures and uses in riparian setbacks.
(Prior Code, § 1133.01) (Ord. O-18-20, passed 11-20-2018)
§ 152.191 COMPLIANCE AND VIOLATIONS.
No zoning approvals shall be issued by the village without full compliance with the terms of these provisions.
(Prior Code, § 1133.02) (Ord. O-18-20, passed 11-20-2018)
§ 152.192 ESTABLISHMENT OF A RIPARIAN SETBACK.
(A) Riparian setbacks are established as provided in this subchapter.
(B) Streams addressed by these regulations are those which meet the definition of STREAM in § 152.015, and appear are indicated on at least one of the following maps:
(1) USGS topographical map;
(2) County riparian setback map; and
(3) Soils maps located in the soil survey for the county, USDA and NRCS.
(C) Widths of setbacks are measured as horizontal map distance outward from the ordinary high water mark on each side of a stream, and are established. A minimum of 30 feet on each side of all streams, draining an area less than 0.05 square mile (32 acres).
(D) The following are exempt from the terms and protection of these regulations: grassy swales, roadside ditches, drainage ditches created at the time of a subdivision to convey stormwater to another system, tile drainage systems and stream culverts.
(E) The following shall apply to the riparian setback.
(1) Where the 100-year floodplain is wider than the riparian setback on either or both sides of the stream, the riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA and approved by the County Department of Building Standards.
(2) (a) Because the gradient of the riparian corridor significantly influences impacts on the stream, the following adjustment for steep slopes will be integrated into the riparian setback formulae for width determination.
Average Percent Slope | Width of Setback |
>25% | Add 30 feet |
(b) Average streambank slope is to be calculated using methodology outlined in the “Ohio Supplement to Urban Hydrology for Small Watersheds, Technical Release Number 55 (TR-55)” by USDA and NRCS.
(3) Wetlands shall be delineated by a qualified professional under guidelines established by the U.S. Army Corps of Engineers and Ohio Environmental Protection Agency and the site delineation approved by the appropriate agencies. All wetland delineations shall also include the latest version of the state rapid assessment method for wetland evaluation approved at the time of application of the regulations.
(4) The applicant shall be responsible for delineating the riparian setback, including any expansions or modifications as required by divisions (B) through (D) above, and identifying this setback on all subdivisions, site plans and/or zoning permit applications. This delineation shall be done at the time of application of the preliminary plans, or all plans that are required, or at the time of submission of any permit applications. This delineation shall be subject to review and approval by the County SWCD. As the result of this review, the County SWCD may require further studies from the applicant.
(5) Prior to any soil disturbing activity, the riparian setback shall be clearly delineated with construction fencing or other suitable material by the applicant on site, and such delineation shall be maintained throughout soil-disturbing activities. The delineated area shall be maintained in an undisturbed state unless otherwise permitted by these regulations. All fencing shall be removed when a development project is completed.
(6) No approvals or permits shall be issued by the village prior to delineation of the riparian. Setback shall be in conformance with these regulations.
(7) Upon completion of an approved subdivision, the riparian setback shall be permanently recorded on the plat records for the county.
(Prior Code, § 1133.03) (Ord. O-18-20, passed 11-20-2018)
§ 152.193 USES PERMITTED IN THE RIPARIAN SETBACK.
(A) The following uses are permitted by right within the riparian setbacks without prior approval. Open space uses that are passive in character shall be permitted in the riparian setback including, but not limited to, those listed in divisions (A)(1) through (A)(4) below. No use permitted under these regulations shall be construed as allowing trespass on privately held lands. Alteration of this natural area is strictly limited. Except as otherwise provided in these regulations, the riparian setback shall be preserved in its natural state.
(1) Recreational activity. Passive recreational uses, as permitted by federal, state and local laws, such as hiking, non-motorized bicycling, fishing, hunting, picnicking and similar uses and associated structures including boardwalks, pathways constructed of pervious material, picnic tables and wildlife viewing areas.
(2) Removal of damaged or diseased trees. Damaged or diseased trees may be removed. Because of the potential for felled logs and branches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than six inches in diameter, shall be anchored to the shore or removed from the 100-year floodplain.
(3) Revegetation and/or reforestation. The revegetation and/or reforestation of the riparian setback shall be allowed without approval of the County SWCD. Species of shrubs and vines recommended for stabilizing flood prone areas along streams within the county as referenced in any listing or schedule of woody plants as determined by the county codified ordinances.
(4) County Engineer. The County Engineer maintains the right of access to all streams within the county for the purposes outlined in the R.C. §§ 6131.01 to 6131.64, 6133.01 to 6133.14, 6135.01 to 6135.27 and 6137.051.
(B) The following uses are permitted by right within the riparian setbacks with prior approval of the design.
(1) Stream bank stabilization/erosion control measures. Best Management Practices (BMPs) for stream bank stabilization or erosion control may be allowed if such practices are within permitted uses by the local, state and federal government regulations and are ecologically compatible and emphasize the use of natural materials and native plant species where practical and available. Such stream bank stabilization/ erosion control practices shall only be undertaken upon approval of a Storm Water Pollution Prevention Plan (SWPPP or SW3P) by the County SWCD.
(2) Crossings. In reviewing plans for stream crossings, the village may confer with the County SWCD; the State Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County Engineer; the County Department of Environmental Services; the County Health Department; or other technical experts as necessary.
(a) Limited crossings of designated streams through the riparian setback by vehicles, storm sewers, sewer and/or water lines, and public utility lines will be per the approval of local, county and state governing agencies and as a part of the regular subdivision review process.
(b) One driveway crossing per stream per tax parcel will be allowed for individual landowners.
(c) Roadway crossings for major and minor subdivisions, open space subdivisions or any other non-single-family residential use shall be designed and constructed per the County Engineer’s design standards and as approved by the County Planning Commission and the village. If more than two crossings per 1,000 linear feet of stream center is required for these areas, the applicant must apply for a variance.
(d) All roadway crossings shall be perpendicular to the stream flow and shall minimize disturbance to the riparian setback and shall mitigate any necessary disturbances.
(3) Placement of facilities. Placement of stormwater retention or detention facilities may be considered within the riparian setback if:
(a) Stormwater quality treatment that is consistent with current state standards is incorporated into the basin; and
(b) The stormwater quality treatment basin is located at least 50 feet from the ordinary high water mark of the stream.
(Prior Code, § 1133.04) (Ord. O-18-20, passed 11-20-2018)
§ 152.194 USES PROHIBITED IN THE RIPARIAN SETBACK.
The following uses are specifically prohibited within the riparian setback.
(A) Construction. There shall be no structures of any kind, except as permitted under these regulations.
(B) Drilling. There shall be no drilling for petroleum or mineral products, mining activity.
(C) Roads or driveways. There shall be no roads or driveways, except as permitted under these regulations.
(D) Motorized vehicles. There shall be no use of motorized vehicles of any kind, except as permitted under these regulations.
(E) Parking lots. There shall be no parking lots or other human-made impervious cover, except as permitted under these regulations.
(Prior Code, § 1133.05) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.195 NON-CONFORMING STRUCTURES OR USES IN THE RIPARIAN SETBACK.
(A) Structures and uses within the riparian setback, existing on August 5, 2013, that are not permitted under these regulations may be continued but shall not be expanded except as set forth below.
(B) If damaged or destroyed, these structures or uses may be repaired or restored within two years from the date of damage/destruction, at the property owners’ own risk.
(C) A residential structure or use within the riparian setback existing on August 5, 2013, may be expanded subject to the provisions of divisions (C)(1) through (C)(3) below:
(1) The expansion conforms to existing zoning regulations;
(2) The expansion must not impact the stream channel or the 100-year floodplain; and
(3) The expansion must not exceed an area of 15% of the footprint of existing structure or use that lies within the riparian setback. Expansions exceeding 15% of the total footprint within the riparian setback must be obtained through a variance from the Board of Zoning Appeals.
(D) Non-residential structure or use expansions will be permitted only through a variance from the Board of Zoning Appeals.
(Prior Code, § 1133.06) (Ord. O-18-20, passed 11-20-2018)
§ 152.196 BOUNDARY INTERPRETATION AND APPEALS PROCEDURE.
(A) When an applicant disputes the boundary of the riparian setback or the ordinary high water mark of a stream, the applicant shall submit evidence to the County SWCD, with a copy to the Zoning Inspector, that describes the boundary, presents the applicant’s proposed boundary and presents all justification for the proposed boundary change.
(B) The County SWCD shall evaluate all materials submitted and shall make a written recommendation to the Board of Zoning Appeals within a reasonable period of time not to exceed 60 days. A copy of this recommendation shall be submitted to the applicant. If during this evaluation the County SWCD requires further information to complete this evaluation, the applicant may be required to provide additional information.
(C) The Board of Zoning Appeals shall decide such boundary disputes. The party contesting the location of the riparian setback or the ordinary high water mark of the streams as determined by these regulations shall have the burden of proof in case of any such appeal.
(Prior Code, § 1133.07) (Ord. O-18-20, passed 11-20-2018)
§ 152.197 VARIANCES WITHIN RIPARIAN SETBACK.
(A) Applications for variances to the provisions of this chapter shall be submitted to the Board of Zoning Appeals.
(B) The Board of Zoning Appeals shall consult with representatives from the County SWCD; the State Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County Engineer; the Department of Environmental Services of the county; the County Health Department; or other technical experts as necessary to consider variance requests.
(C) Expansions of residential structures or uses exceeding 15% of the footprint area and expansions of all non-residential structures or uses are subject to divisions (C)(1) through (C)(4) below:
(1) The expansion conforms to the existing zoning regulations;
(2) The expansion must not impact the stream channel or the 100-year floodplain;
(3) The expansion of a non-residential structure or use must not affect upstream or downstream hydrologic conditions which could cause damage from flooding or streambank erosion to landowners in those areas. A hydrologic study must be completed by non-residential applicants only as a process of the variance application; and
(4) The expansion of a non-residential structure or use will not exceed 25% of the of the footprint area. The 25% expansion limit is per the portion of the structure or use that lies within the riparian setback.
(D) Requests for variances for subdivisions will be considered for the following:
(1) An additional stream crossing or crossings for a subdivision or open space development which is necessary for the health, welfare and safety of the residents of the subdivision; or
(2) A reduction of the setback width, not to exceed 10% of the prescribed riparian setback width.
(E) No variances shall be granted for expansion of the following structures or uses:
(1) Facilities which use, store, distribute or sell petroleum-based products or any hazardous materials. Such facilities include, but are not limited to, asphalt plants, dry cleaners, gasoline service stations and road maintenance facilities; or
(2) Facilities which use, store, distribute or sell products which may contribute higher than acceptable concentrations of dissolved or particulate matter to stormwater runoff around the facility.
(F) In reviewing whether to grant variances, the Board of Zoning Appeals shall consider the following:
(1) The extent to which the requested variance impairs the functions of the riparian area. This determination shall be based on sufficient technical and scientific evidence as provided by the applicant and the agencies listed in divisions (A) through (E) above;
(2) The soil type and natural vegetation of the parcel as well as the percentage of the parcel that is in the 100-year floodplain;
(3) The degree of hardship these regulations place on the applicant and the availability of alternatives to the proposed activity; and
(4) Whether a front, side or rear yard setback zoning variance or similar variance should be considered to maintain the required riparian setback area.
(Prior Code, § 1133.08) (Ord. O-18-20, passed 11-20-2018)
§ 152.198 INSPECTION OF RIPARIAN SETBACK.
(A) The riparian setback shall be inspected by the County SWCD:
(1) When a preliminary subdivision plat or other land development plan is submitted to the county;
(2) When a building or zoning certificate is requested; or
(3) Prior to any soil disturbing activity to inspect the delineation of the riparian setback as required under these regulations.
(B) The riparian setback shall also be inspected annually or as time permits by the County SWCD or approved monitoring entity for compliance with any approvals under these regulations or at any time evidence is brought to the attention of the County SWCD that uses or structures are occurring that may reasonably be expected to violate the provisions of these regulations.
(Prior Code, § 1133.09) (Ord. O-18-20, passed 11-20-2018)