§ 720-75. Appeals and Variances.

Except as provided in Section 720-65 of this chapter, any person who has a bona fide controversy with the utility engineer as to the interpretation or application of a provision of this chapter or related laws or ordinances pertaining to stormwater management and subject to the administration of the utility engineer may apply in writing to the utility engineer for a written interpretation or ruling, setting forth in his application the requirements of Section 720-77.

When the utility engineer has rendered a written interpretation or ruling, or has issued a written order to make repairs, maintenance, or alterations, the complainant shall be allowed 30 days from the date of the receipt of the same, within which to file with the utility engineer an appeal to the board of appeals.

The appeal shall be based on one of the following grounds:

(1)

The interpretation, ruling, or order is erroneous or constitutes an erroneous application of the particular provisions of the drainage code or other related laws or ordinances pertaining to stormwater management and finance, or is otherwise contrary to law;

(2)

A variance is necessary and feasible whereby the board of appeals shall make the following findings:

a.

Good and sufficient cause based on an unreasonable burden or hardship has been proven.

b.

The granting of the variance would not result in any increase in quantity or velocity of flow, degradation of water quality, or negative impacts upon adjoining or downstream properties, nor upon the stormwater system.

c.

The degree of variance is the minimum necessary to afford relief from the unreasonable burden or hardship imposed by the drainage code or standards, specifications, requirements, regulations, and procedures adopted pursuant to this code.

d.

The variance may be granted without defeating the public health, safety, and welfare purposes and intent of the drainage code or related laws or ordinances pertaining to stormwater management and finance.

(Ordained by Ord. No. 281-1985, eff. July 19, 1985)