(a) Administrative Review. The Watershed Review Board shall hear and decide appeals from any decision or determination made by the Watershed Administrator in the enforcement of this chapter.
(b) Variances. The Watershed Review Board shall have the power to authorize, in specific cases, minor variances from the terms of this chapter, and may review major variance requests and make recommendations to the Environmental Management Commission regarding the same.
In addition, the City of Claremont shall notify and allow 60 days for all other local governments having jurisdiction in the designated watershed where the variance is being considered.
(1) Applications for a variance shall be made on the proper form obtainable from the Watershed Administrator and shall include the following information:
a. A site plan, drawn to a scale of at least one (1) inch to forty (40) feet, indicating the property lines of the parcel upon which the use is proposed; any existing or proposed structures; parking areas and other built-upon areas; and surface water drainage. The site plan shall be neatly drawn and indicate north point, name and address of person who prepared the plan, date of the original drawing, and an accurate record of any later revisions.
b. A complete and detailed description of the proposed variance, together with any other pertinent information which the applicant feels would be helpful to the Watershed Review Board in considering the application.
c. Evidence or proposed witness testimony that tends to support a finding that each of the factors listed in subsection (b)(3), below, are met.
(2) The Watershed Administrator shall notify in writing each local government having jurisdiction in the watershed and the entity using the water supply for consumption. Such notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may submit comments to the Watershed Administrator prior to a decision by the Watershed Review Board. Such comments shall become a part of the record of proceedings of the Watershed Review Board.
(3) Before the Watershed Review Board may grant a variance, it shall make the following three findings, which shall be recorded in the permanent record of the case, and shall include the factual reasons on which they are based:
a. There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the chapter. In order to determine that there are practical difficulties or unnecessary hardships, the Board must find that the five following conditions exist:
1. If he complies with the provisions of the chapter, the applicant can secure no reasonable return from, nor make reasonable use of, his property. Merely proving that the variance would permit a greater profit to be made from the property will not be considered adequate to justify the Board in granting an variance. Moreover, the Board shall consider whether the variance is the minimum possible deviation from the terms of the chapter that will make possible the reasonable use of his property.
2. The hardship results from the application of the chapter to the property rather than from other factors such as deed restrictions or other hardship.
3. The hardship is due to the physical nature of the applicant's property such as its size, shape, or topography, which is different from that of neighboring property.
4. The hardship is not the result of the actions of an applicant who knowingly or unknowingly violates the chapter, or who purchases the property after the effective date of the chapter, and then comes to the Board for relief.
5. The hardship is peculiar to the applicant's property, rather than the result of conditions that are widespread. If other properties are equally subject to the hardship created in the restriction, then granting a variance would be special privilege denied to others, and would not promote equal justice.
b. The variance is in harmony with the general purpose and intent of the chapter and preserves its spirit.
c. In the granting of the variance, the public safety and welfare have been assured and substantial justice has been done. The Board shall not grant a variance if it finds that doing so would in any respect impair the public health, safety, or general welfare.
(4) In granting the variance, the Board may attach thereto conditions regarding the location, character, and other features of the proposed building, structure, or use that relate to the purpose and standards of this chapter. If a variance for the construction, alteration or use of property is granted, such construction, alteration or use shall be in accordance with the approved site plan.
(5) The Watershed Review Board shall refuse to hear an appeal or an application for a variance previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application.
(6) A variance issued in accordance with this Section shall be considered a watershed protection permit and shall expire if a building permit or watershed occupancy permit for such use is not obtained by the applicant within six (6) months from the date of the decision.
(7) If the application calls for the granting of a major variance, and if the Watershed Review Board decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:
a. The variance application;
b. The hearing notices;
c. The evidence presented;
d. Motions, offers of proof, objections to evidence, and rulings on them;
e. Proposed findings and exceptions;
f. The proposed decision, including all conditions proposed to be added to the permit.
The preliminary record shall be sent to the Environmental Management Commission for its review.
(c) Subdivision approval. See Section 9-8-3.
(d) Public health. See Section 9-8-5.
(e) Approval of all development greater than the low density option.
(Ord. of 7-10-23, No. 05-24)