Title 16* ENVIRONMENT
Chapter 16.10 ENVIRONMENTALLY SENSITIVE AREAS
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)