(a) Applications for variances to the provisions of this chapter shall be submitted to the Board of Zoning Appeals.
(b) The Board of Zoning Appeals may grant a variance from this regulation as provide herein. In determining whether there is unnecessary hardship or practical difficulty such as to justify the granting of a variance, the Community shall consider the potential harm or reduction in stream and/or wetland area functions that may be caused by a proposed structure use. The Board of Zoning Appeals may consult with representatives from the Cuyahoga SWCD; the Ohio Department of Natural Resources, Division of Natural Area; the Ohio Environmental Protection Agency, Division of Surface Water; the Army Corps of Engineers; the County of Cuyahoga Engineer; the Cuyahoga County Health Department or other technical experts at the expense of the applicant as necessary to consider variance requests.
(c) Requests for variances for subdivisions will be considered for the following:
(1) An additional stream crossing or crossings for a subdivision or open space development which is necessary for the health, welfare and safety of the residents of the subdivision.
(2) A reduction of the setback width, no to exceed ten percent (10%) of the prescribed setback width.
(d) No variances shall be granted for expansion of the following structures or uses:
(1) Facilities which use, store, distribute or sell petroleum-based products or any hazardous materials. Such facilities include, but are not limited to: asphalt plants, dry cleaners, gasoline service stations and road maintenance facilities.
(2) Facilities which use, store, distribute or sell products which may contribute higher than acceptable concentrations of dissolved or particulate matter to storm water runoff around the facility. Such facilities include, but are not limited to: landfills or transfer stations, junk yards, recycling facilities, quarries and borrow pits, sand and gravel extraction operations and road salt storage barns.
(e) In reviewing whether to grant variances, the Board of Zoning Appeals shall consider the following:
(1) 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 and/or wetland area. The determination shall be based on sufficient technical and scientific evidence as provided by the applicant and the agencies, at the applicant’s expense, listed herein.
(2) The soil type and natural vegetation of the parcel, as well as the percentage of the parcel that is in the 100-year floodplain. The criteria of the Community’s flood damage prevention regulations may be used as guidance when granting variances in the 100-year floodplain.
(3) Varying the front, rear and side yard setbacks before riparian and wetland setbacks are varied.
(4) The degree of hardship this regulation places on the landowner, and the availability of alternatives to the proposed activity.
(5) 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 soil erosion and maximize sediment control.
(6) The presence of significant impervious cover, or smooth vegetation such as maintained lawns, in riparian setback areas compromises their benefits to the Community.
(7) A reduction in storm water infiltration into the soil in wetland areas will occur.
(8) A requested above ground fence does not increase the existing area of mowed grass or lawn.
(9) Modifying parking requirements before varying the riparian setback.
(10) Modifying building shape, size or design to avoid or minimize intrusion into the riparian setback.
(11) In the case of a lot made unbuildable or to which no economically viable use exists as a result of this regulation, consider the minimum variance needed to make it buildable or restore economic viability for an appropriate sized and compatibly designed structure, while following the guidance provided in this section.
(12) Whether the variance will increase the likelihood for flood or erosion damage to either the applicant’s property or to other properties. Variances should not be granted for asphalt or concrete paving in the riparian and wetland setbacks in any situation where gravel or porous pavement will do the job.
(13) Culverting of watercourses should be avoided.
(14) Whether the variance will result in the result in the need for article slope or bank stabilization measures that could interfere with the function of the riparian zone.
(f) Any variances to the provisions of this chapter which are granted require the execution of a Chapter 1339 Variance Release and Waiver form by the applicant.
(Ord. 08-18. Passed 3-3-08.)