Findlay City Zoning Code
CHAPTER 1155
Riparian Corridor Overlay District
1155.01 PURPOSE.
It is hereby determined that the system of rivers, streams, and other natural watercourses contributes to the health and safety of the residents of the City of Findlay. The specific purpose and intent of the Riparian Corridor Overlay District is to regulate land use and construction within riparian areas to:
(a) Impact Reduction. Reduce flood impacts by absorbing peak flows, slowing the velocity of floodwaters, and regulating base flow.
(b) Watercourse Stabilization. Stabilize the banks of watercourses to reduce bank erosion and then downstream transport of sediments eroded from watercourse banks.
(c) Pollutant Reduction. Reduction of pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants in runoff before they enter watercourses.
(d) Habitat. Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.
(e) Improve City Economy. Benefit the City economically by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as dams, retention basins, and rip rap to protect structures by reducing property damage and threats to the safety of watershed residents and by preserving the character and property values of the City.
(Ord. 2023-115. Passed 12-19-23.)
1155.02 INTENT.
It is the policy of the City of Findlay to encourage the establishment of naturally vegetated riparian setbacks along watercourses. Property owners who own land beside watercourses are encouraged to assume responsibility for helping to maintain water quality and the environmental health of riparian systems within the City of Findlay. Riparian setback requirements defined herein represent only minimal protection to water quality, and property owners are encouraged to do more to protect the ecological health of waterways.
Setbacks along watercourses, including rivers, streams, major and minor tributaries, serve as buffer areas. The district has prepared and adopted plans in preparation of the Flood Mitigation effort underway to minimize or reduce flooding of the Blanchard River and its tributaries. Once the mitigation effort is complete, the overlay district should be designated on the zoning map.
As an overlay zone, this zoning district imposes additional development standards for new construction beyond those of the underlying zoning district.
(Ord. 2023-115. Passed 12-19-23.)
1155.03 RIPARIAN AREAS DEFINED.
(a) Streams. Streams include rivers, creeks and ditches and appear on at least one of the following maps: USGS topographical map, or soils maps located in the Soil Survey for Hancock County, Ohio, USDA, and NRCS.
(b) 100 Year Floodplain. The 100-year floodplain shall be defined by FEMA Flood Insurance Rate Map as adopted by the City of Findlay.
(c) Permitted/Conditionally Permitted. Permitted and conditionally permitted uses in the underlying zoning district(s) are allowed except for those identified as prohibited uses in Section 1155.04. (Ord. 2023-115. Passed 12-19-23.)
1155.04 PROHIBITED ACTIVITIES.
Additionally, the following activities are prohibited:
(a) Construction. Construction of principal or accessory structures and placement of fill except when constructing an approved stream crossing.
(b) Paving. The creation of new impervious surfaces, unless within a public right-of-way or approved private street constructed as part of a major residential subdivision.
(c) Subsurface Activity. There shall be no drilling for petroleum or mineral products, mining activity, altering, dumping, filling or removal of riverine materials or dredging (except as may be necessary as part of a stream restoration project or other similar activity carried out by a government agency or authorized organization).
(d) Clear-cutting. Modification of the natural vegetation shall be limited to conservation maintenance that the landowner deems necessary to control noxious weeds; to such plantings as are consistent with these regulations; to such disturbances as are approved under these regulations; and to the passive enjoyment, access and maintenance of landscaping or lawns existing at the time of passage of these regulations.
(Ord. 2023-115. Passed 12-19-23.)
1155.05 AREA YARD AND HEIGHT REGULATIONS.
In addition to all area, yard and height regulations established in the underlying zoning district, the following development standards shall apply within the Riparian Corridor Overlay District and to all areas in the City of Findlay that meet the criteria per Section 1155.09.
(Ord. 2023-115. Passed 12-19-23.)
1155.06 RIPARIAN SETBACK.
Widths of buffers are measured as horizontal map distance outward from the ordinary top of the bank on each side of a stream per Section 1155.09 The following shall apply to the riparian setback:
(a) Delineation. The applicant shall be responsible for delineating the riparian setback 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 may be subject to review and approval by the City of Findlay. As the result of this review, the City may require further studies from the applicant.
(b) Construction Fencing. 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 protected with silt fencing throughout soil-disturbing activities. The delineated area shall be maintained in an undisturbed state unless otherwise permitted by these regulations. Silt fencing shall be removed when a development project is completed and grass and vegetation area is established and stable.
(c) Conformance. No approvals or permits shall be issued by the City of Findlay prior to the determination of the riparian setback in conformance with this ordinance.
(d) Recording. Upon completion of an approved subdivision, the riparian setback shall be permanently recorded on the plat records for the County of Hancock. The riparian setback area shall be formally defined by a legal description defined by meets and bounds. (Ord. 2023-115. Passed 12-19-23.)
1155.07 EXEMPTIONS.
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 storm water to another system, tile drainage systems, and stream culverts.
(Ord. 2023-115. Passed 12-19-23.)
1155.08 STANDARDS AND REGULATIONS.
All areas located within the riparian setbacks as set forth in this Chapter are subject to the standards and regulations. 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 for rivers, creeks and ditches and their respective setbacks as follows:
(a) Rivers – 75’ from top of bank on each side.
(b) Creeks – 25’ from top of bank on each side.
(Ord. 2023-115. Passed 12-19-23.)
1155.09 PERMITTED USES.
Within the riparian setback, the following uses and activities are permitted:
(a) Recreation Trails. Construction of multiple use recreational trails provided such trails are located at least twenty feet (20’) from the ordinary top of bank of the watercourse.
(b) Maintenance. The removal of individual trees that are in danger of falling and causing damage to structures or causing blockage to the stream flow.
(c) Timber Cutting. Additionally, timber cutting is permitted when accomplished under the advice and guidance of an appropriate government agency and is necessary to preserve the forest from pest infestation, disease infestation, or fire threat.
(d) Stream Crossings. (See City of Findlay’s Flood Damage Reduction Ordinance).
(e) Re-vegetation and/or Reforestation. Re-vegetation and reforestation of the riparian setback shall be allowed. Information pertaining to species of shrubs and vines recommended for stabilizing flood prone areas along streams may be obtained at the Hancock SWCD.
(f) Best Management Practices. For stream bank stabilization or erosion control, Best Management Practices may be allowed if such practices are within permitted uses by the local, state, and federal government regulations and are ecologically compatible and with the emphasis on 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 Storm water Pollution Prevention Plan by the City of Findlay.
(Ord. 2023-115. Passed 12-19-23.)
1155.10 EXCEPTIONS.
The Planning Commission may authorize a variance from the above development standards. Such a variance may include: a reduction in the width of the riparian setback or a modification of the requirements listed in Chapter 1155. As a condition for requesting a variance from these regulations, evidence shall be provided that the site and any construction to be done thereon have been reviewed by the City of Findlay. Such a variance may be found to be appropriate when it can be shown that strict application of these standards will result in the loss of a reasonable use of a property. Conditions on such variances may include other reasonable and necessary measures to adequately protect the riparian environment such as erosion control measures and new plantings of native vegetation.
(Ord. 2023-115. Passed 12-19-23.)