1201.04 VARIANCES.
   (a)   The Board of Building Appeals may grant a variance from these regulations as provided in Chapter 1309 (Board of Building Appeals). In determining whether there is unnecessary hardship or practical difficulty such as to justify the granting of a variance, the Board of Building Appeals shall consider the potential harm or reduction in riparian and/or wetland area functions that may be caused by a proposed structure or use.
   (b)   In making a variance determination, the Board of Building Appeals shall consider the following:
      (1)   The soil type natural vegetation of the parcel, as well as the percentage of the parcel that is in the 100-year floodplain. The provisions of the City's flood hazard reduction regulations, pursuant to Chapter 1337.04, may be used as guidance when granting variances in the 100-year floodplain.
      (2)   The extent to which the requested variance impairs the flood control, erosion control, sediment control, water quality protection, or other functions of the riparian and/or wetland area. This determination shall be based on sufficient technical and scientific data.
      (3)   The degree of hardship this regulation places on the landowner, and the availability of alternatives to the proposed activity.
      (4)   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 erosion and maximize sediment control.
      (5)   The presence of significant impervious cover or smooth vegetation, such as maintained lawns, in riparian setback areas compromising benefits to the City.
      (6)   A parcel existing at the time of passage of this section is made unbuildable.
      (7)   Varying the front, rear and side yard setback before the riparian and wetland setbacks are varied.
   (c)   Variances shall not be granted for asphalt or concrete paving in the riparian and wetland setbacks. Variances may be granted for gravel driveways in riparian setbacks when necessary.  (Ord. 2013-110.  Passed 10-16-13.)