(a) The Commission may modify these regulations provided herein, and other setback and yard requirements in this Zoning Code, in cases where practical difficulties in the use of the property are imposed by the regulations and the need for requested relief outweighs the potential harm or reduction in riparian area functions which may be caused by a proposed use.
(b) In making a determination under (a), the Commission may consider, in addition to practical difficulties, the following factors:
(1) The soil type and natural vegetation of the parcel as well as the percentage of the parcel that is in the riparian area.
(2) The extent to which the requested variance impairs the flood control, erosion control, water quality protection, and other functions of the riparian area. This determination shall be based on sufficient technical and scientific data.
(3) The degree of difficulty these regulations place on the landowner and the availability of alternatives to the proposed activity.
(4) Soil-disturbing activities permitted in the riparian setback 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 Village. Variances should not be granted for asphalt or concrete paving within the riparian setback unless permitted by Sections 1179.09(a)(4); 1179.09(b)(5) and 1179.09(b)(6). Variances may be granted for gravel driveways.
(6) That no lot, otherwise buildable under the ordinances of the Village, shall be made 6unbuildable because of the riparian setback requirements, with special emphasis on lots of one acre or less trying to find the optimum location for a structure or other improvements on the lot.
(c) When a landowner or applicant disputes the boundary of a riparian setback or the ordinary high water mark of a watercourse, the landowner or applicant shall submit evidence to the Zoning Inspector that describes the boundary, the landowner or applicant's proposed boundary, and justification for the proposed boundary change.
(d) The Zoning Inspector shall evaluate materials submitted and shall make a written recommendation within a reasonable period of time not to exceed 60 days, a copy of which shall be submitted to the landowner or applicant. If during this evaluation the Zoning Inspector requires further information, he or she may require this to be provided by the landowner or applicant.
(e) Any party aggrieved by any such determination or requesting a modification to these regulations may request a hearing before the Commission. The Commission shall follow the procedures and have the authority set forth in Sections 1107.05 to 1107.21 of the Zoning Code as applicable, when undertaking any such hearing. The party requesting the modification or contesting the location of the riparian setback or the ordinary high water mark of a watercourse shall have the burden of proof in case of any such hearing.
(Ord. 25-2011. Passed 9-20-11.)