(a) The complainant shall set forth in the petition for appeal, the interpretation, ruling or order appealed from, and the related provisions of this chapter or related laws or ordinances, and shall state wherein the interpretation, ruling, or order is erroneous. If the appeal is a request for variance, the petition shall point out the provision or provisions from which the variance is sought and how the request satisfies the requirements of this section.
(b) Petitions to the Appeals Board, in appeals filed in accordance with Section 939.25(a), may only be based on one of the following grounds:
(1) The interpretation, ruling, or order is erroneous or constitutes an erroneous application of the particular provisions of this chapter or other related laws or ordinances pertaining to stormwater management and finance, or is otherwise contrary to law, or
(2) A variance is necessary and feasible and meets all of the following conditions:
A. Good and sufficient cause based on an unreasonable burden or hardship has been proven;
B. The degree of variance is the minimum necessary to afford relief from the unreasonable burden or hardship imposed by this chapter or standards, specifications, requirements, regulations, and procedures adopted pursuant to this chapter;
C. The variance may be granted without defeating the public health, safety, and welfare purposes and intent of this chapter or related laws or ordinances pertaining to stormwater management and finance.
(Ord. 12-022. Passed 5-29-12.)
(Ord. 12-022. Passed 5-29-12.)