16.10.130 Buffer width variances.

Required buffers shall not deny all reasonable use of property. A variance from buffer width requirements may be granted by the town subject to the variance criteria set forth in Section 2.24.110, and upon a showing by the applicant that:
A. Such buffer width variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other similarly situated property but which because of special circumstances is denied to the property in question; and
B. There are special circumstances applicable to the subject property or to the intended use such as shape, topography, location or surroundings that do not apply generally to other properties in the same zoning district, and which support the granting of a variance from the buffer width requirements; and
C. The granting of such buffer width variance will not be materially detrimental to the public welfare or injurious to the property or improvement; and
D. The granting of the buffer width variance will not impact the subject environmentally sensitive area;
E. The granting of a request for buffer width variance may include requirements to prepare and implement a buffer enhancement plan, or to otherwise enhance, restore or replace environmentally sensitive areas and their buffers consistent with the standards of this chapter. (Ord. 00-387 §1(part), 2000)