[Ord. No. 3911-07 §1, 12-19-2007]
A.
All
land development activity subject to this Chapter shall meet the following
requirements:
1.
For streams depicted as a solid blue line on the U.S.G.S. map, an
undisturbed natural vegetative buffer shall be maintained for fifty
(50) feet, measured horizontally, on both banks (as applicable) of
the stream as measured from the top of the stream bank. For all other
streams subject to this Chapter, an undisturbed natural vegetative
buffer shall be maintained for twenty-five (25) feet, measured horizontally,
on both banks (as applicable) of the stream as measured from the top
of the stream bank.
2.
An additional setback shall be maintained for twenty-five (25) feet,
measured horizontally, beyond the undisturbed natural vegetative buffer,
in which all impervious cover shall be prohibited. Grading, filling
and earthmoving shall be minimized within the setback.
3.
No septic tanks or septic tank drain fields shall be permitted within
the buffer or the setback.
[Ord. No. 3911-07 §1, 12-19-2007]
A.
Variances
from the above buffer and setback requirements may be granted in accordance
with the following provisions:
1.
Where a parcel was platted prior to the effective date of this Chapter,
and its shape, topography or other existing physical condition prevents
land development consistent with this Chapter, and the Public Works
Department finds and determines that the requirements of this Chapter
prohibit the otherwise lawful use of the property by the owner, the
Board of Adjustment of City of Hazelwood may grant a variance from
the buffer and setback requirements hereunder, provided such variance
require mitigation measures to offset the effects of any proposed
land development on the parcel.
2.
Except as provided above, the Board of Adjustment of City of Hazelwood
shall grant no variance from any provision of this Chapter without
first conducting a public hearing on the application for variance
and authorizing the granting of the variance by an affirmative vote
of the Board of Adjustment. The City of Hazelwood shall give public
notice of each such public hearing in a newspaper of general circulation
within City of Hazelwood. The City of Hazelwood 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.
Variances will be considered only in the following cases:
a.
When a property's shape, topography or other physical conditions
existing at the time of the adoption of this Chapter prevents land
development unless a buffer variance is granted.
b.
Unusual circumstances when strict adherence to the minimal buffer
requirements in the Chapter would create an extreme hardship.
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Variances will not be considered when, following adoption of
this Chapter, actions of any property owner of a given property have
created conditions of a hardship on that property.
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3.
At a minimum, a variance request shall include the following information:
a.
A site map that includes locations of all streams, wetlands, floodplain
boundaries and other natural features as determined by field survey;
b.
A description of the shape, size, topography, slope, soils, vegetation
and other physical characteristics of the property;
c.
A 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;
d.
Documentation of unusual hardship should the buffer be maintained;
e.
At least one (1) alternative plan, which does not include a buffer
or setback intrusion or an explanation of why such a site plan is
not possible;
f.
A calculation of the total area and length of the proposed intrusion;
g.
A storm water management site plan, if applicable; and
h.
Proposed mitigation, if any, for the intrusion. If no mitigation
is proposed, the request must include an explanation of why none is
being proposed.
4.
The following factors will be considered in determining whether to
issue a variance:
a.
The shape, size, topography, slope, soils, vegetation and other physical
characteristics of the property;
b.
The locations of all streams on the property, including along property
boundaries;
c.
The location and extent of the proposed buffer or setback intrusion;
d.
Whether alternative designs are possible which require less intrusion
or no intrusion;
e.
The long-term and construction water-quality impacts of the proposed
variance; and
f.
Whether issuance of the variance is at least as protective of natural
resources and the environment.
