(A) All requests for variances must be in writing to the Health Department and must contain all specifications, studies or evidence showing why a variance should be granted. The Health Department shall review the variance request and submit its recommendations to the Board of Health.
(B) Variances from the chapter or the rules and regulations may be granted by the Board of Health after a hearing in compliance with general public notice at least ten days prior to the hearing at which the applicant establishes that the requested variance will not jeopardize or degrade the ground water or create other hazards to human health and that requiring strict compliance with the requirements of the chapter and the rules and regulations would create an undue burden upon the applicant. In granting variances, the Board of Health shall take into consideration the amount and type of toxic or hazardous substances involved, the rate and direction of ground water flow, soil conditions, depth to ground water size and slope of site, existing and known future water supplies and any other relevant factors. All variances shall be site specific, in writing, and include any and all conditions deemed necessary by the Board of Health to protect the ground water and to prevent other hazards to human health. Prior to considering a variance request with respect to the waste water characterization requirements, the Board of Health will require the applicant to conduct and submit not less than one waste water characterization.
(Prior Code, § 13-18-17-1) (Ord. passed 5-1-1989, 89 COM REC 436–451; Ord. passed 4-4-1994, 94 COM REC 314–331; Ord. 99-250, passed 5-1-1999, 99 COM REC 250–275; Ord. 03-668, passed 5-1-2004, 03 COM REC 667–687; Ord. 09-172, passed 4-20-2009; Ord. 2014-171, passed 4-21-2014)