1001.10 VARIANCES WITHIN WETLAND AND RIPARIAN SETBACKS.

   (a)   The 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 the use of a property or practical difficulty with respect to maintaining the wetland and riparian setback as established in this regulation, such as to justify the granting of a variance, the Commission shall consider the potential harm or reduction in riparian functions that may be caused by a proposed structure or use.

      (2)   The Commission may not authorize any structure or use 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.

   (b)   In making a determination under Section 1001.10(a) of this regulation, the 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. The criteria of flood damage prevention may be used as guidance when granting variances in the 100-year floodplain.

      (2)   The extent to which the requested variance impairs the flood control, erosion control, water quality protection, or other functions of the wetland and riparian setback. This determination shall be based on sufficient technical and scientific data.

      (3)   The degree of hardship, with respect to the use of a property or the degree of practical difficulty with respect to maintaining the wetland and 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 wetland and riparian setback through variances should be implemented to minimize clearing to the extent possible and to include Best Management Practices necessary to minimize erosion and control sediment.

      (5)   The presence of significant impervious cover, or smooth vegetation such as maintained lawns, in the wetland and riparian setback compromises its benefits to the City. Variances should not be granted for asphalt or concrete paving in the wetland and riparian setback. Variances may be granted for gravel driveways when necessary.

      (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 wetland and riparian setback to the maximum extent practicable, the Commission may consider granting variances to other area or setback requirements imposed on a property by the Zoning Code. These may include, but are not limited to, parking requirements, requirements for the shape, size, or design of buildings, or front, rear, or side lot setbacks.

   (d)   In granting a variance under this regulation, the Commission, for good cause, may impose such conditions that it deems appropriate to maintain the purposes of this regulation and to mitigate any necessary impacts in the wetland and riparian setbacks permitted by variance. In determining appropriate mitigation, the Commission may consult with the Engineer or other agencies including the Cuyahoga County SWCD.

(Ord.  2020-56.  Passed 4-20-20.)