(a) The City of Lorain may grant a variance from this regulation as provided herein. In determining whether there is unnecessary hardship or practical difficulty such as to justify the granting of a variance, the City of Lorain 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 City of Lorain 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 payers, and similar products) will do the job.
(c) In making a variance determination, the City of Lorain may consider the following:
(1) A parcel existing at the time of passage of this ordinance is made unbuildable.
(2) The soil type natural vegetation of the parcel, as well as the percentage of the parcel that is in the 100-year floodplain. The criteria of the City of Lorain's flood damage prevention regulations may be used as guidance when granting variances in the 100-year floodplain.
(3) 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. This determination shall be based on sufficient technical and scientific data.
(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 City of Lorain.
(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.
(Ord. 109-04. Passed 7-19-04.)