(a) The City of Warrensville Heights Board of Zoning Appeals may consult with representatives from the Cuyahoga SWCD; the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County of Cuyahoga Engineer; or other technical experts as necessary to consider variance requests.
(b) Expansions of existing non-residential structures or uses within the Riparian or wetland Setback are subject to this subsection below. Expansions of residential structures or uses in which the footprint area that lies within the Riparian or Wetland Setback is to be expanded by more than 25% are subject to this subsection 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 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 must be approved by the City Engineer. The City Engineer will review the proposed expansion to determine if every effort has been made to situate the expansion to minimize the impacts to the Riparian and Wetlands Setbacks.
(c) 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.
(d) 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.
(e) In reviewing whether to grant variances, The City of Warrensville Heights Board of Zoning Appeals 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 (d) 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.
(4) The degree to which a parcel existing at the time of passage of this chapter is made unbuildable.
(Ord. 2007-140. Passed 9-18-07.)