Willoughby City Zoning Code
CHAPTER 1151
Conservation Overlay District
1151.01 CONSERVATION OVERLAY DISTRICT.
A Conservation Overlay District is established in order to protect ecologically sensitive areas, floodplains, hillsides, and other natural areas that, if disturbed or improperly developed, could result in significant ecological harm to the developed property or neighboring property and to preserve natural wooded areas that contribute to the image and character of Willoughby.
These regulations are designed to achieve, among others, the following objectives:
(a) To protect public and private property owners from the potential damage to human life and safety, and property damage that could potentially be caused by flooding and increased hillside instability.
(b) To minimize expenditure of public money for costly flood control projects and hillside stabilization projects.
(c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(d) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazards;
(e) To preserve and protect the unique scenic resources, scenic river habitats and continuous wildlife corridors.
(f) To preserve and protect the valuable hydrologic systems, fragile hillsides and indigenous flora and fauna in these sensitive environments in Willoughby.
(g) To ensure that areas of natural wildlife habitats are disturbed as little as possible.
(h) To permit development in the Conservation Overlay District that conserves and promotes the public health, safety and general welfare by minimizing problems due to water runoff, soil erosion and flooding incurred in adjustment of the topography, vegetation and tree cover.
(i) To preserve and enhance the natural beauty of the areas in the Conservation Overlay District by encouraging the maximum retention of natural topographical features such as natural drainage swales, streams, slope ridge lines, rock outcroppings, vistas from and of hillside, trees and other natural plant formations and retain the sense of identity and image that the Conservation Overlay District now imparts to the City.
(j) To allow flexibility in the design of new residential developments, in terms of lot width, front setback, road width and sidewalk requirements, to aid in the preservation of sensitive natural areas.
(Ord. 1997-117. Passed 9-16-97.)
1151.02 APPLICATION OF THE DISTRICT.
The Conservation Overlay District shall be in addition to and shall overlay all other zoning districts where the COD is established, so that any parcel of land lying in a COD shall also lie in one or more of the other zoning districts provided for in this Code. The district designation of COD shall be superimposed over the existing zoning designations on the Zoning Map.
The Planning and Zoning Code provisions of the underlying district(s) shall apply within the Conservation Overlay District for permitted and conditional uses enumerated in the underlying district, except where specifically modified or supplemented by provisions of the COD.
(Ord. 1997-117. Passed 9-16-97.)
1151.03 ESTABLISHMENT OF THE CONSERVATION OVERLAY DISTRICT.
A Conservation Overlay District shall be established in accordance with the required procedures for a Zoning Map amendment pursuant to Chapter 1121.03. The Conservation Overlay District shall include, but not be limited to, those lands within the City that are determined by the City to be areas of special flood hazard as identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study for the City of Willoughby, Ohio", land areas that have exhibited evidence of unstable soil conditions, areas that have a natural gradient exceeding twenty percent (20%), and land areas that have significant tree cover. The boundaries of the Conservation Overlay District shall be indicated on the Official Zoning Map with the symbol COD.
(Ord. 1997-117. Passed 9-16-97.)
1151.04 DEFINITIONS.
The following terms are defined for the purposes of this chapter.
(a) “Area of special flood hazard” means the land in the floodplain within the City subject to a one percent (1%) or greater chance of flooding in any given year.
(b) “Base flood” means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one-hundred (100) year flood.
(c) “Federal Emergency Management Agency (FEMA)” means the agency with the overall responsibility for administering the National Flood Insurance Program.
(d) “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters, and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(e) “Flood Insurance Study” means the official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries, and the water surface elevations of the base flood.
(f) “Floodplain” means any land susceptible to being inundated by water from the base flood.
(g) “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the normal water surface elevation more than five-tenths feet.
(h) “Mature woodlands” means an area or stand of trees whose total combined canopy covers an area of one acre or more and at least fifty percent (50%) of which is composed of canopies of trees having a diameter at breast height (DBH) of at least ten inches, or any stand of ten or more individual trees having a DBH of at least twelve inches whose combined canopies cover at least fifty percent (50%) of the area encompassed by the stand.
(i) “Natural vegetation” means any plant material and trees which are indigenous to the area and exist on a site prior to any vegetation destruction, construction, earth moving or earth disturbing activity.
(j) “Slope” means an inclined ground surface. The inclination is expressed as a ratio of the horizontal distance to the vertical distance.
(k) “Stream” means any portion of the Chagrin River, East Branch of the Chagrin River, Gully Brook, or Ward’s Creek.
(l) “Stream bank” or “river bank” means the average annual high water mark of the stream or river, otherwise known as the bankfull stage of the stream or river channel. Indicators used in determining the bankfull stage may include changes in vegetation, slope or bank materials, evidence of scouring, and stain lines.
(m) “Unstable soil” means a portion of land surface, subsurface or area which is prone to land slippage or erosion.
(n) “Young woodlands” means a stand of ten or more trees that do not meet the DBH or canopy requirements for a mature woodland.
(Ord. 1997-117. Passed 9-16-97.)
1151.05 PERMITTED USES.
All uses enumerated in the underlying district as being a permitted principal use or a conditional use shall remain as such in the Conservation Overlay District and shall be subject to review procedures set forth in this chapter, except as otherwise noted below.
Not withstanding the regulations of the underlying district(s), areas designated on the zoning map as being in a floodplain, shall be subject to the following. All buildings, structures or land shall be used, and buildings or structures hereafter shall be erected, altered, enlarged, repaired or rebuild, moved or designed to be used, in whole or in part only for a use enumerated as follows:
(a) Crop farms, truck gardens, nurseries, and pastures for livestock.
(b) Public or private parks and recreational facilities, clubs, boat docks, swimming pools, bath houses, golf driving ranges, and riding academies.
(c) Accessory buildings and uses customarily incident to any of the above uses, including sheds, barns or stables for livestock.
(d) Off-street parking areas accessory to the above uses provided that such areas are improved with pervious pavement materials, such as pervious asphalt or pervious concrete, gravel, or combinations of geotextiles with sand, gravel and sod. Impervious pavements are not permitted.
(Ord. 1997-117. Passed 9-16-97.)
1151.06 DEVELOPMENT STANDARDS.
(a) Setback for Buildings and Structures. Notwithstanding the required yard regulations for the underlying district, all buildings and structures requiring a permanent foundation, pavement and other structures such as patios and decks shall maintain a minimum setback of fifty feet from the edge of a stream bank. If there is uncertainty as to the exact location of the edge of the stream bank, the location of the edge of the stream bank shall be determined by the Planning Commission.
(b) Stream Buffer. The minimum buffer area along a stream bank shall be thirty-five feet. The area within this buffer area shall be preserved and maintained in its natural state unless exempted or approved by the Planning Commission to be removed and replaces. Any disturbed area within the buffer must be replanted using indigenous riparian vegetation. Trees having a diameter at breast height (DBH) of eight inches or more that are disturbed, destroyed or removed from the buffer area shall be replaced by an equal number of trees within the buffer area, as determined by the Planning Commission.
(c) Wetlands Protection. Identified wetlands that are required by the Army Corp. of Engineers to be retained shall be protected by a buffer area having a depth not less than twenty feet, measured from the edge of the identified wetland. Within this buffer area, vegetation shall be left undisturbed in its natural state.
(d) Preservation of Trees and Woodlands. Trees with a DBH of eight inches or greater and groupings of trees that form a contiguous canopy shall be preserved to the extent practicable according to the following:
(1) Preservation of trees. Trees with a DBH of eight inches or greater shall be preserved to the extent practicable and removal of such trees shall be permitted only in the following areas, upon review and approval by the Planning Commission:
A. Within the area to be occupied by a permanent structure together with fifteen feet on all sides, subject to approval of the location of the structure.
B. Within the area occupied by access roads, parking areas, accessory buildings, sidewalks, utility installations and similar necessary development subject to approval of the location of said improvements.
(2) Required preservation of woodlands. On a development site or subdivision that has an area greater than two acres, not less than fifty percent (50%) of the area of the site covered by mature woodlands shall be preserved, and not less than twenty-five percent (25%) of any young woodlands shall be preserved.
(3) Reforestation. Upon the approval of the Planning Commission, a property owner or developer may clear more area than permitted in subsection (d)(2) hereof by agreeing to reforest another part of the site at a ratio of 1.2 times the area required.
(e) Disturbance of Steep Slopes.
(1) No roadway or driveways shall be permitted to be constructed on land having a slope greater than twenty-five percent (25%).
(2) No buildings or parking areas shall be permitted to be constructed on land having a slope greater than twenty percent (20%).
In determining the slope percentage, the horizontal distance of the slope shall be a minimum of fifty feet and the height shall be a minimum of fifteen feet.
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(f) Residential Subdivision Design. In order to encourage and accommodate the goals of the district Planning Commission may approve residential subdivisions that have less than the required lot width and subdivision improvement requirements according to the following:
(1) The lot width and front yard requirements for one-family dwelling may be reduced by thirty percent (30%) in order to permit more of the development to be preserved.
(2) The width of the pavement for proposed local subdivision streets may be reduced by up to twenty percent (20%).
(3) Sidewalks may be constructed on only one side of the street.
(Ord. 1997-117. Passed 9-16-97.)
1151.07 FLOODWAYS.
The Flood Insurance Study referenced in Section 1151.03 identifies a segment within areas of special flood hazard known as a floodway. Floodways may also be delineated in other sources of flood information. The floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential. The following provisions apply within all delineated floodway areas.
(a) No encroachments, including fill, new construction, substantial improvements, and other development shall be permitted in a floodway.
(b) Any obstructions other than a natural obstruction, that is capable of reducing the flood carrying capacity of a stream or may accumulate debris and thereby reduce the flood carrying capacity of a stream, shall not be located in a floodway, except as provided in Section 1151.05.
(c) No alteration of a watercourse shall be permitted except as approved by the Planning Commission.
(Ord. 1997-117. Passed 9-16-97.)
1151.08 EXEMPTIONS.
The following are exempt from the regulations in this chapter.
(a) The removal of dead, diseased, or damaged trees which threaten life or property or which cannot be revived.
(b) The removal of trees in time of emergency or which pose potential danger to life or property.
(c) On lots of less than two acres, the removal by the property owner of not more than two trees per year, with a DBH of eight inches or greater. Any property owner desiring to remove more than two such trees in a twelve month period shall submit a tree preservation plan, as required in Section 1151.09. All cutting of trees shall be in strict accordance with the tree preservation plan approved by the Planning Commission.
(Ord. 1997-117. Passed 9-16-97.)
1151.09 PROCEDURES.
Every development or subdivision proposed on land in the Conservation Overlay District shall comply with the following procedures in addition to the procedures for development plan review or for a conditional use.
(a) Additional Plans Required.
(1) A tree preservation plan, prepared by a professional registered landscape architect, shall be submitted. Such plan shall clearly indicate the following:
A. The location, common name and size of all trees with a DBH of eight inches or greater, and the limits of mature woodlands and young woodlands as defined in Section 1151.05;
B. All existing trees with a DBH of eight inches or greater, mature woodlands and young woodlands which will remain on the site after construction;
C. All trees with a DBH of eight inches or greater, mature woodlands and young woodlands which will be removed from the site.
D. The location, common name and size of all new trees to be planted on the site.
(2) A vegetation plan indicating the trees and woodlands to be preserved, trees to be removed that are required to be replaced and new trees to be installed.
(3) A land disturbance plan indicating the area of the site that will be disturbed during construction and the methods used to protect the remaining site from disturbance shall be submitted.
(b) Planning Commission Review. In its review of development plans, the Planning Commission may waive, to the minimum extent necessary, either the environmental requirements set forth in this chapter or the lot regulations of the underlying district when the Planning Commission determines that such is necessary to permit the property owner the same number of residential lots as her/she is entitled to according to the underlying zoning regulations.
(Ord. 1997-117. Passed 9-16-97.)