(a) The Village may grant a variance to these regulations provided herein in cases where practical difficulties in the use of the property are imposed by these regulations and the need for requested relief outweighs the potential harm or reduction in riparian area functions which may be caused by a proposed use.
(b) In making a determination under division (a) of this section, the Village should consider the following factors:
(1) The soil type and natural vegetation of the parcel as well as the percentage of the parcel that is in the 100-year flood plain.
(2) The extent to which the requested variance impairs the flood control, erosion control, water quality protection, and other functions of the riparian area. This determination shall be based on sufficient technical and scientific data.
(3) The degree of hardship these regulations place on the landowner and the availability of alternatives to the proposed activity.
(4) Soil-disturbing activities permitted in the riparian setback 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 in the riparian setback compromises its benefits to the Village. Variances should not be granted for asphalt or concrete paving within the riparian setback. Variances may be granted for gravel driveways.
(Ord. 22-02. Passed 4-2-02.)