§ 16-163. Variance procedures.

(a)

Variances from the buffer and setback requirements in section 16-162 may be granted in accordance with the following provisions:

(1)

Where a parcel was platted prior to the effective date of the ordinance from which this article is derived, and its shape, topography or other existing physical condition prevents land development consistent with this article, and the city finds and determines that the requirements of this article prohibit the otherwise lawful use of the property by the owner, the city may grant a variance from the buffer and setback requirements hereunder, provided such variance requires mitigation measures to offset the effects of any proposed land development on the parcel.

(2)

Except as provided in subsection (a)(1) of this section, the city shall grant no variance from any provision of this article without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the city council. The city shall give public notice of each such public hearing in a newspaper of general circulation within the city. The city shall require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way.

(b)

Variances will be considered only in the following cases:

(1)

When a property's shape, topography or other physical conditions existing at the time of the adoption of the ordinance from which this article is derived prevents land development unless a buffer variance is granted.

(2)

Unusual circumstances when strict adherence to the minimal buffer requirements in this article would create an extreme hardship.

(3)

Variances will not be considered when, following adoption of the ordinance from which this article is derived, actions of any property owner of a given property have created conditions of hardship on that property.

(c)

At a minimum, a variance request shall include the following information:

(1)

Site map that includes locations of all streams, wetlands, floodplain boundaries and other natural features, as determined by field survey;

(2)

Description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

(3)

Detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;

(4)

Documentation of unusual hardship should the buffer be maintained;

(5)

At least one alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible;

(6)

Calculation of the total area and length of the proposed intrusion;

(7)

Stormwater management site plan, if applicable; and

(8)

Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed.

(d)

The following factors will be considered in determining whether to issue a variance:

(1)

Shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

(2)

Locations of all streams on the property, including along property boundaries;

(3)

Location and extent of the proposed buffer or setback intrusion;

(4)

Whether alternative designs are possible which require less intrusion or no intrusion;

(5)

Longterm and construction water quality impacts of the proposed variance; and

(6)

Whether issuance of the variance is at least as protective of natural resources and the environment.

(Ord. of 4-2-2007(05), § 5.2)