(a) The Village may grant a variance from this chapter as provided herein. In determining whether there is unnecessary or practical difficulty such as to justify the granting of variance, the Village shall consider the potential harm or reduction in riparian and/or wetland area functions that may be caused by a proposed structure or use.
(b) In making a variance determination, the Village may consider the following:
(1) The soil type natural vegetation of the parcel, as well as the percentage of the parcel that is in the 100-year flood plain. The criteria of the Village's flood damage prevention ordinances may be used as guidance when granting variances in the 100-year flood plain.
(2) The extent to which the requested variance impairs the flood control, erosion control, sediment control, water quality protection, or other functions of the riparian and/or wetland area. This determination shall be based on sufficient technical and scientific data.
(3) The degree of hardship this ordinance places on the landowner, and the availability of alternatives to the proposed activity.
(4) Soil disturbing activities permitted in a riparian and/or wetland setback through variances should be implemented in order to minimize clearing to the extent possible, and to include Best Management Practices necessary to minimize erosion and maximize sediment control.
(5) The presence of significant impervious cover, or smooth vegetation such as maintained lawns, in riparian setback areas compromises the riparian benefits to the Village.
(6) Variances should not be granted for asphalt or concrete pavement in the riparian and wetland setbacks. Variances may be granted for gravel driveways in riparian setbacks when necessary.
(7) A parcel existing at the time of passage of this ordinance is made unbuildable.
(8) Varying the front, rear, and side yard setback before the riparian and wetland setbacks are varied.
(Ord. 3275. Passed 3-16-05.)