Any person to whom any provision of this chapter has been applied may appeal in writing, not later than 30 days after the action or decision being appealed from, to the Boone County Board of Commissioners the action or decision whereby any such provision was so applied. Such appeal shall identify the matter being appealed, and the basis for the appeal. The Boone County Board of Commissioners shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed. In considering any such appeal, the Boone County Board of Commissioners may consider the recommendations of the Boone County Drainage Board and/or Boone County Surveyor and the comments of other persons having knowledge of the matter. In considering any such appeal, the Boone County Board of Commissioners may grant a variance from the terms of this chapter to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied:
(A) The application of the chapter provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with this chapter; and
(B) The granting of the relief requested will not substantially prevent the goals and purposes of this chapter, nor result in less effective management of stormwater runoff.
(Ord. 2004-20, passed 12-13-2004)