(a) The Village may grant a variance from this chapter upon application for a variance in the manner set forth in Chapter 1242.
(b) In making a variance determination, the Board of Zoning Appeals may consider all relevant information, including, but not limited to the following:
(1) The potential harm or reduction in riparian area functions that may be caused by a proposed structure or use. Varying the front, rear and side yard setback before the riparian setbacks are varied;
(2) The soil type natural vegetation of the parcel, as well as the percentage of the parcel that is in the 100-year floodplain.
(3) The criteria of the Village's flood damage prevention regulations may be used as guidance when granting variances in the 100-year floodplain.
(4) The extent to which the requested variance impairs the flood control, soil erosion control, sediment control, water quality protection, or other functions of the riparian area. This determination shall be based on sufficient technical and scientific data.
(5) The degree of hardship this regulation places on the landowner, and the availability of alternatives to the proposed activity.
(6) Soil disturbing activities permitted in a riparian setback through variances should be implemented in order to minimize clearing to the extent possible, and to include best management practices necessary to minimize soil erosion and maximize sediment control.
(7) Modifying parking requirements before varying the riparian setback.
(8) Modifying building shape, size, or design to avoid or minimize intrusion into the riparian setback.
(9) Whether the variance will increase the likelihood for flood or erosion damage to either the applicant's property or to other properties.
(Ord. 2014-119. Passed 2-11-15; Ord. 2017-31. Passed 5-10-17.)