(a) The Planning Commission may grant a modification to this regulation as provided herein. In granting a modification, the following conditions shall apply:
(1) In determining whether there is unnecessary hardship with respect to the use of a property or practical difficulty with respect to maintaining the riparian setback as established in this regulation, such as to justify the granting of a modification, the Planning Commission shall consider the potential harm or reduction in riparian functions that may be caused by a proposed structure or use.
(2) The Planning Commission may not authorize any structure or use in a Zoning District other than those authorized in the Zoning Code.
(3) Modifications shall be void if not implemented within one year of the date of issuance.
(4) For the purpose of mitigating impacts to the riparian setback, the applicant shall be required to implement structural and/or non-structural low impact development (LID) practices and controls in addition to applicable stormwater management controls required as part of Chapter 1050, Comprehensive Stormwater Management. The determination of ensuring proposed LID principles sufficiently mitigate these impacts shall be made by the Planning Commission with input from the City Engineer and the Planning Coordinator. An emphasis shall be placed on LID principles that mimic the function of riparian areas, which include but are not limited to preservation of natural areas, vegetative filter strips, establishment of native vegetation, bioretention areas, stormwater infiltration practices, etc.
(b) In making a determination under Section 1051.08 of this regulation, the Planning Commission may consider the following:
(1) The natural vegetation of the property as well as the percentage of the parcel that is in the 100-year floodplain.
(2) The extent to which the requested modification impairs the flood control, erosion control, water quality protection, or other functions of the riparian setback. This determination shall be made by the City Engineer upon reviewing any necessary scientific data and calculations to be provided by the applicant.
(3) The degree of hardship, with respect to the use of a property or the degree of practical difficulty with respect to maintaining the riparian setback as established in this regulation, placed on the landowner by this regulation and the availability of alternatives to the proposed structure or use.
(4) Soil-disturbing activities permitted in the riparian setback through modifications should be implemented to minimize clearing to the extent possible and to include applicable best management practices necessary to minimize erosion and control sediment, as required under Chapter 1052.
(5) Minimizing the presence of significant impervious cover, or smooth vegetation such as maintained lawns, in the riparian setback.
(6) Whether a property, otherwise buildable under the ordinances of the City, will be made unbuildable because of this regulation.
(c) In order to maintain the riparian setback to the maximum extent practicable, the Planning Commission may consider granting variations to other areas or setback requirements imposed on a property by the Zoning Code.
(Ord. 75-15. Passed 7-13-15.)