(A) The Board of Zoning Appeals may grant variances from the provisions of this subchapter, provided the applicant establishes that:
(1)
The grant of the proposed variance complies with I.C. 36-7-4-918.4 as amended and § 151.287(A) and (B) of the Zoning Ordinance; and that
(2) The grant of the proposed variance will not adversely affect the water quality, volume of ground water supply or flood storage capacity of the Wetland District.
(B) Variances shall give the minimum relief necessary to alleviate the applicant’s hardship.
(C) No variances shall permit storm water runoff from a street, parking area or roof of an industrial or commercial building to be directed into a Wetland District.
(D) Variances and special exceptions may be granted contingent upon receipt by the Planning and Zoning Staff of all required federal and state permits.
(E) No variance or special exception shall allow construction or dredging to disturb waterfowl breeding areas during breeding season or fish spawning areas during spawning season.
(F) Whenever a variance or special exception is granted for a use that may alter the grade or contour of land in a Wetland District, the Board of Zoning Appeals shall require that, upon completion of the proposed construction, the applicant will restore the land as closely as possible to its original grade and contour.
(G) No variance or special exception shall allow a net loss of wetland area. Where all or part of a wetland in a Wetland District would be destroyed or substantially altered by a proposed development, the Board of Zoning Appeals shall require mitigation by the applicant and his or her successors in interest according to the following standards:
(1) Acre-for-acre replacement of the same or a better type of wetland providing the environmental benefits that would be lost because of the proposed development.
(2) Replacement wetlands shall be located reasonably close to the Wetland District, as determined by the Board of Zoning Appeals, in which the losses are sustained and shall become part of the District, if practical.
(3) Periodic maintenance for replacement wetlands shall be carried out by the applicant for a minimum of 3 years to control erosion, remove nuisance vegetation and assure the establishment and survival of predominantly hydrophytic vegetation.
(4) The Board of Zoning Appeals may require the applicant to post a bond or other performance guarantee sufficient to assure the city the satisfactory completion of replacement wetlands.
(5) If replacement of the same or better type of wetland is not possible adjacent to the Wetland District in which the projected losses would be sustained, the Board of Zoning Appeals may consider replacement at ratios greater than one to one of a lesser quality wetland adjacent to the Wetland District.
(6) The Board of Zoning Appeals may require replacement of wetland losses of less than 1/3 of an acre even when the applicant has received federal or state approval for the proposed construction without mitigative conditions.
(7) The authorization of replacement wetlands shall not be used as a means of permitting avoidable losses of natural wetlands.
(1979 Code, § 151.119) (Ord. 4370, passed 7-20-1998; Am. Ord. 4683, passed 7-1-2002)