(A) Fee in lieu of stormwater management requirements.
(1) For the purpose of this division (A), section stormwater management can also mean water quality requirements.
(2) For overall sites that are under one acre and for which stormwater management was not previously provided, a fee in lieu of stormwater management may be allowed by the Administrator when it is demonstrated that the requirements of this chapter are not practical.
(3) When it is demonstrated that waiving stormwater management requirements will not cause harm to downstream property owners, the Administrator will then determine to what extent, if any, a fee-in-lieu may be applied.
(4) The fee in lieu of stormwater management shall be calculated as $0.75 per a square foot of the overall site for all sites except those zoned B4 whose fee-in-lieu of stormwater management shall be calculated as $0.25 per square foot of the overall site.
(5) The fee in lieu will be assessed against the development prior to the issuance of a stormwater management permit.
(6) All funds generated by the fees collected pursuant to this division (A) shall be deposited into the city’s storm sewer maintenance line items.
(B) Other variances and appeals.
(1) The Administrator upon application, and subject to the process and standards that follow, may grant variances to the provisions of this chapter as will not cause detriment to the public good, safety, or welfare nor be contrary to the spirit, purpose, and intent of this chapter where, by reason of unique and exceptional physical circumstances or condition of a particular property, the literal enforcement of the provisions of this chapter would result in an unreasonable hardship.
(2) Any person wishing to appeal, or seeking a variance in, a determination made by the Administrator under the provisions of this chapter may do so to the Board of Appeals by following the procedures set forth in § 164.13 of this Code of Ordinances. Failure to file said appeal within the required time shall preclude further review. The appeal must state specifically:
(a) The determination made by the Administrator that is being appealed;
(b) The basis for the appeal;
(c) The position of the party appealing;
(d) Any supportive information for the position of the party appealing; and
(e) Such additional information as the party may wish to submit.
(3) Any person aggrieved by a decision, requirements, ruling, or interpretation of this chapter by the Administrator may appeal it to the municipality by written notice filed with the Zoning Board of Appeals within ten days of the determination.
(Ord. 9097, passed 5-16-17)