(a) The Board of Zoning Appeals may grant a variance from this regulation as provided in these Codified Ordinances. In determining whether there is unnecessary hardship or practical difficulty to justify the granting of a variance, the Board of Zoning Appeals shall consider the potential harm to, or reduction in the functions of, the riparian area or wetland area that may be caused by a proposed structure or use.
(b) In making a variance determination, the Board of Zoning Appeals shall consider the following:
(1) Varying the front, rear and side yard setback before the riparian and wetland setbacks are varied.
(2) Variances should not be granted for asphalt or concrete paving in the riparian and wetland setbacks in any situation where gravel or porous pavement (i.e., porous pavers, and similar products) will do the job.
(c) In making a variance determination, the Board of Zoning Appeals may consider the following:
(1) A parcel existing at the time of enactment of this chapter is made unbuildable.
(2) The soil type and natural vegetation of the parcel, as well as the percentage of the parcel that is in the one hundred (100) year floodplain. The standards and criteria for granting variances in the City's Flood Plain Management Ordinances at Chapter 3167 may be used as guidance.
(3) The extent to which the requested variance impairs the flood control, soil erosion control, sediment control, water quality protection, ecological functions, or other functions of the riparian area or wetland area. This determination shall be based on sufficient technical and scientific data.
(4) The degree of hardship with respect to the use of the property or the degree of practical difficulty with respect to maintaining the setback as established in this chapter placed on the landowner, and the availability of alternatives to the proposed structure or use.
(5) Soil disturbing activities permitted in a riparian setback areas or wetland setback areas through variances should be controlled in order to minimize clearing to the maximum extent possible, and must include Best Management Practices necessary to minimize soil erosion and maximize sediment control.
(6) The presence of significant impervious cover, or smooth vegetation such as maintained lawns, in or near the riparian setback areas or wetland setback areas that compromises the benefits of the riparian setback areas or wetland setbacks areas received by the City.
(7) Whether the benefit of reduction of storm water infiltration into the soil in wetland areas will be lost.
(8) If the request is for an above-ground fence, whether it increases the existing area of mowed grass or lawn.
(9) Whether parking needs can be modified before varying the riparian setback.
(10) Whether the building shape, size or design can be modified to avoid or minimize intrusion into the riparian setback.
(11) In the case of a lot made unbuildable by this regulation, the minimum variance needed to make it buildable for an appropriately-sized and compatibly-designed structure, while following the guidance provided in this section.
(12) Whether the variance will increase the likelihood of flood or erosion damage to either the applicant's property or to other properties.
(13) Culverting of watercourses should be avoided.
(14) Whether the variance will result in the need for artificial slope or bank stabilization measures that could interfere with the function of the riparian or wetland zone.
(Ord. No. 1555-13. Passed 10-17-16, eff. 10-19-16)