(a) Applications for variances to the provisions of this Title Seven shall be submitted as provided in subsections (a)(1) and (2) below:
(1) In Townships which have adopted these regulations or regulations which are determined by the Summit County Planning Commission to be substantially similar to these regulations into their zoning codes, applications for variances shall be submitted to the Township Board of Zoning Appeals.
(2) In Townships which have not adopted these regulations or regulations which are determined by the Summit County Planning Commission to be substantially similar to these regulations into their zoning codes, applications for variances shall be submitted to the Summit County Planning Commission.
(b) The Township Board of Zoning Appeals or the Summit County Planning Commission, shall consult with representatives from the Summit SWCD; the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County of Summit Engineer; the Department of Sanitary Sewer Services of Summit County; the Summit County Health Department; or other technical experts as necessary to consider variance requests.
(c) Expansions of residential structures or uses exceeding 15% of the footprint area and expansions of all non-residential structures or uses are subject to subsections (c)(1) through (4) below:
(1) The expansion conforms to the existing zoning regulations.
(2) The expansion must not impact the stream channel or the 100-year floodplain.
(3) The expansion of a non-residential structure or use must not affect upstream or downstream hydrologic conditions which could cause damage from flooding or streambank erosion to landowners in those areas. A hydrologic study must be completed by non-residential applicants only as a process of the variance application.
(4) The expansion of a non-residential structure or use will not exceed 25% of the footprint area. The 25% expansion limit is per the portion of the structure or use that lies within the Riparian Setback.
(d) Requests for variances for subdivisions will be considered for the following:
(1) An additional stream crossing or crossings for a subdivision or open space development which is necessary for the health, welfare, and safety of the residents of the subdivision.
(2) A reduction of the setback width, not to exceed 10% of the prescribed Riparian Setback width.
(e) No variances shall be granted for expansion of the following structures or uses:
(1) Facilities which use, store, distribute, or sell petroleum-based products or any hazardous materials. Such facilities include, but are not limited to: asphalt plants, dry cleaners, gasoline service stations, and road maintenance facilities.
(2) Facilities which use, store, distribute, or sell products which may contribute higher than acceptable concentrations of dissolved or particulate matter to stormwater runoff around the facility. Such facilities include, but are not limited to: landfills or transfer stations, junk yards, recycling facilities, quarries and borrow pits, sand and gravel extraction operations, and road salt storage barns.
(f) In reviewing whether to grant variances, the Township Board of Zoning Appeals or the Summit County Planning Commission shall consider the following:
(1) The extent to which the requested variance impairs the functions of the riparian area. This determination shall be based on sufficient technical and scientific evidence as provided by the applicant and the agencies listed in subsections (a) through (e) above.
(2) The soil type and natural vegetation of the parcel as well as the percentage of the parcel that is in the 100-year floodplain.
(3) The degree of hardship these regulations place on the applicant and the availability of alternatives to the proposed activity.
(Ord. 2002-666. Adopted 1-6-03; Ord. 2015-555. Adopted 12-14-15.)