(a)    The Board or Commission may grant a variance to this Chapter 1258 as provided for in that section of the City of Bexley Zoning Code applicable to the Board or Commission reviewing the application. In addition to the findings required by that Section of the Zoning Code, the Board or Commission must consider the following:
      (1)    The native vegetation of the property.
      (2)   The extent to which the requested variance impairs the flood control, erosion control, water quality protection, or other functions of the riparian setback. This determination must be based on sufficient technical and scientific data.
      (3)    Soil-disturbing activities permitted in the riparian setback through variances must minimize clearing to the extent possible and must include the use of Best Management Practices necessary to minimize erosion and control sediment.
      (4)    The degree to which the presence of significant impervious cover, or smooth vegetation such as maintained lawns, in the riparian setback compromises its benefits to any waterway.
    (b)    In order to maintain the riparian setback to the maximum extent practicable, the Board or Commission may consider granting variations to other area or setback requirements imposed on a property by the sections of the City of Bexley Zoning Code applicable to the Board or Commission reviewing the application.
   (c)    The City of Bexley recognizes that variance applications may need to be submitted for planned development in the following areas:
      (1)    The commercial sites on the north and south side of East Main Street which border the creek.
      (2)   Capital University's development and expansion area north of Astor Avenue and south of East Main Street.
      (3)    The targeted redevelopment area at Livingston and Mayfield.
   The above represent areas of anticipated future development, and it is understood and expected that variances will be granted for developments in these development zones, provided however that any development plans that require a variance will limit the impact to native vegetation, address flood control, erosion control, and water quality impact.
(Ord. 29-16. Passed 11-15-16.)