§ 52.07 MINIMUM BUILDING SITE SIZE.
   (A)   SET-ASIDE means an area that has been deemed suitable through soil testing for replacement of an on-site sewage system on the same site (according to 410 I.A.C. 6-8.3 et seq.) if the original on- site sewage system fails or becomes inadequate due to modifications to the dwelling.
   (B)   In order to be considered for an on-site sewage system, a proposed new building site shall have room for the approved septic absorption held and a set-aside. The set-aside must be located in an area on the building site that has been soil tested and deemed suitable for sustaining an on-site sewage system.
   (C)   In its sole discretion, the County Health Department may grant a variance to the requirements in this section if the petitioner:
      (1)   Makes the variance request in writing;
      (2)   Presents clear and convincing evidence that special conditions warrant such a variance; and
      (3)   Presents clear and convincing evidence that the variance, if granted, will present no significant risk that sewage will flow off-site, pollute groundwater, or create a health hazard. The cost of the installation and maintenance will not, in and of itself, constitute a special condition justifying a variance.
(Ord. 2013-3, passed 5-13-2013) Penalty, see § 52.99