(a) The community shall grant a variance from this regulation as provided herein. In determining whether there is unnecessary hardship or practical difficulty as to justify the granting of a variance, the community shall consider the potential harm or reduction in wetland area functions that may be caused by a proposed structure or use.
(b) In making a variance determination, the community shall consider the following:
(1) The soil type and natural vegetation of the parcel, as well as the percentage of the parcel that is a wetland. The criteria of the community's flood damage prevention and riparian setback regulations 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 riparian and wetland areas. 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 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 wetland setback areas compromised their benefits to the community.
(6) A reduction in storm water infiltration into the soil in wetland areas compromises their benefits to both the environment and the community.
(7) Variances should not be granted for asphalt or concrete paving in wetland setbacks.
(8) A parcel existing at the time of passage of this chapter is made unbuildable.
(9) Varying the front, rear, and side yard setbacks before the riparian and wetland setbacks are varied.
(Ord. 35-02. Passed 12-29-03.)