(a) The Board of Zoning Appeals may grant a variance to these regulations as provided in Section 1111.12.
(b) In making a determination to grant, grant with conditions, or deny a variance, the BZA may consider the criteria set forth in Section 1111.12(c) and the following:
(1) The natural vegetation of the property as well as the percentage of the parcel that is in the 100-year floodplain.
(2) The extent to which the requested variance impairs the flood control, erosion control, water quality protection, or other functions of the riparian setback. This determination shall be based on sufficient technical and scientific data.
(3) The degree of hardship, with respect to the use of a property or the degree of practical difficulty with respect to maintaining the riparian setback as established in this regulation, placed on the landowner by this chapter and the availability of alternatives to the proposed structure or use.
(4) Soil-disturbing activities permitted in the riparian setback through variances should be implemented to minimize clearing to the extent possible and to include Best Management Practices necessary to minimize erosion and control sediment.
(5) The presence of significant impervious cover in the riparian setback compromises its benefits to the City.
(6) Variances should not be granted for asphalt or concrete paving in the riparian setback, but may be granted for gravel driveways when a practical difficulty exists.
(7) Whether a property, otherwise buildable under the codified ordinances of the City will be made unbuildable because of these regulations.
(c) In order to maintain the riparian setback to the maximum extent practicable, the Board of Zoning Appeals may consider granting variances to other area or setback requirements imposed on a property by this Code provided the applicant makes the necessary application. These may include, but are not limited to, parking requirements, requirements for the shape, size, or design of buildings, or front, rear, or side yard setbacks.
(d) In granting a variance under these regulations, the Board of Zoning Appeals, for good cause, may impose such conditions that it deems appropriate to maintain the purposes of these regulations and to mitigate any necessary impacts in the riparian setbacks permitted by variance. In determining appropriate mitigation, the BZA may consult with the City Engineer or other agencies including Lake SWCD.
(Ord. 16-19. Passed 9-16-19.)