(a) Expansions of residential structures or uses exceeding fifteen percent (15%) of the footprint area and expansions of all non-residential structures or uses are subject to subsections(a)(1) through (4) below:
(1) The expansion otherwise conforms to the existing zoning regulations.
(2) The expansion must not impact the stream channel or the 100-year floodplain.
(3) The expansion of a non-residential structure or use must not affect upstream or downstream hydrologic conditions which could cause damage from flooding or streambank erosion to landowners in those areas. A hydrologic study must be completed by the applicant only as a process of the variance application.
(4) The expansion of a non-residential structure or use will not exceed fifteen percent (15%) of the footprint area. The fifteen percent (15%) expansion limit is per the portion of the structure or use that lies within the Riparian Setback.
(b) Requests for variances within subdivisions will be considered for the following:
(1) An additional stream crossing or crossings for a subdivision or open space development which is necessary for the health, welfare, and safety of the residents of the subdivision.
(2) A reduction of the setback width, not to exceed ten percent (10%) of the prescribed Riparian Setback width.
(c) No variances shall be granted for expansion of the following structures or uses:
(1) Facilities which use, store, distribute, or sell petroleum-based products or any hazardous materials. Such facilities include, but are not limited to: asphalt plants, dry cleaners, gasoline service stations, and road maintenance facilities.
(2) Facilities which use, store, distribute, or sell products which may contribute higher than acceptable concentrations of dissolved or particulate matter to stormwater runoff around the facility. Such facilities include, but are not limited to: landfills or transfer stations, junk yards, recycling facilities, quarries and borrow pits, sand and gravel extraction operations, and road salt storage barns.
(d) All variances, whether expansions or otherwise, must be approved by the Board of Zoning Appeals of the Village of Boston Heights.
(Ord. 10-2006. Passed 5-10-06.)