§ 155.117  APPEALS PROCESS.
   Upon receipt of an appeal, the Appeals Board Clerk shall direct the agent to transmit to the Appeals Board a summary report of all previous action taken on the subject of the appeal, a copy of any permits issued, and the appellant’s written statement.  The Appeals Board will then adhere to the following general process:
   (A)   Within 15 calendar days of receiving a completed application, the Appeals Board Clerk shall schedule a hearing date before the Appeals Board.  The Appeals Board Clerk shall send a written notice specifying the time, date, and place of the Appeals Board hearing to the appellant and to all land owners within 300 feet of the subject parcel and shall publish a copy of the hearing notice in a newspaper of general circulation within the city where the subject property is located.  The notice shall be mailed and published no less than 15 days before the scheduled hearing.  The Appeals Board shall hold the hearing within 60 calendar days from receipt of a completed application.
   (B)   The appellant shall deposit with the Appeals Board Clerk when the appeal is filed the required fee, as specified in the fee schedule adopted under § 155.039(A) of this chapter.  The fee shall be used to cover the cost of handling said appeal including compensation for Appeals Board members and associated administrative costs.
   (C)   If the Appeals Board Clerk determines that the basic fee will not cover the actual costs of the appeal, then the appellant shall deposit with the Appeals Board Clerk such additional fees in an amount determined to be equal to the estimated additional costs, including costs which may be incurred by the agent.  The additional fees shall be held in escrow in the appellant’s name and shall be used solely to pay these additional costs.  If the amount held in escrow becomes less than 10% of the initial escrow deposit or less than 10% of the latest additional escrow deposit and the appeal is not completed, the Appeals Board Clerk may require the appellant to deposit additional fees into escrow in an amount determined to be equal to the estimated costs to complete the appeal.  Failure of the appellant to make any required deposits shall be deemed to make the appeal incomplete thereby justifying denial of the appeal.  Any unexpended funds held in escrow shall be returned to the appellant following final action on the appeal.  Any actual costs incurred in excess of the amount held in escrow shall be billed to the appellant and shall be paid by the applicant prior to the release of a final decision on the appeal.
   (D)   The Appeals Board may affirm or reverse, wholly or in part, a decision of the agent.  In deciding an appeal, the Appeals Board shall determine:
      (1)   Whether the agent properly interpreted and applied this chapter in making the decision.
      (2)   Whether the specific situation has circumstances that warrant a variance from the standards of this chapter.  Where the Appeals Board has determined that a variance from the standards of this chapter may be warranted, the Board may grant the appellant a variance from any design standard, setback, or other provision contained within this chapter, provided that such variance complies with the following general standards:
         (a)   The variance will not adversely impact adjacent property owners or downstream properties in any material way.
         (b)   The variance is necessary to grant the appellant substantial relief from a hardship that would otherwise be imposed by strict enforcement of this chapter.
         (c)   The variance granted is the minimum deviation from the requirements of this  chapter necessary to do substantial justice to the appellant.  The Appeals Board may include such conditions or limitations on any variance issued to ensure that granting the relief requested will not substantially prevent, nor result in less, effective management of storm water runoff.
         (d)   Granting of the variance would not knowingly be in conflict with other regulatory requirements.
         (e)   The need for the variance is due to circumstances that are unique to the property in question and not due to any act or omission of the property owner, a prior property owner, or a past or present occupant of the property.
   (E)   The decisions of the Appeals Board shall in all instances be final administrative decisions, shall be in writing, and shall include specific findings of fact by the Board, and further, shall be subject to such judicial review as by law may be provided.
(Ord. 810, passed 11-18-2019)