(A) The provisions of this section shall apply exclusively to areas of Wellhead Protection Overlay Districts. In applying for a variance, the following additions apply.
(B) Board of Zoning Appeals:
(1) The Board of Zoning Appeals (BZA) shall hear and decide appeals and requests for variances from the requirements of this chapter. The Board of Zoning Appeals shall not consider any application for a variance from the provisions of this subchapter until the development staff has had an opportunity to review the application and make a written recommendation to the Board of Zoning Appeals;
(2) Variances may be issued for the use of property upon a determination from the Board of Zoning Appeals that the proposed use will not cause, materially contribute to or create a material risk of any adverse effect upon the municipal water source, under reasonably possible hydrologic or geologic conditions. All technological evidence shall be based on the modeling techniques defined in Wellhead Protection Area, Zone 1 and Zone 2 reports, approved by TDEC (November 1995);
(3) In reviewing a variance application, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this subchapter, and:
(a) The practical difficulty and hardship on the property owner related to the use and enjoyment of the property caused by the regulation or restriction as enacted within the Wellhead Protection Areas, Zone 1 and Zone 2;
(b) When it is alleged there is an error in any requirement, decision or determination made by the Town Engineer in the enforcement or administration of this subchapter;
(c) That no variance may be requested nor granted as a means to circumvent the intentions of this subchapter or as a remedy for a violation of this subchapter;
(d) May attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this subchapter;
(4) In reviewing a variance application, the Board of Zoning Appeals shall consider the recommendation of the Shelby County Ground Water Quality Control Board (SCGWQCB).
(`00 Code, § 11-1706)