1309.11 PROPERTY GRADES: CRITERIA, APPEAL.

   In establishment, setting and checking of grades in setback lines, the Municipal Engineer shall consider the natural topography of the property upon which construction is intended, the finished grades of adjoining premises, the location of public utilities in relation to the premises being improved, the contemplated use of the premises being improved, the contemplated use of the premises and the uses permitted of undeveloped adjoining properties, if any, under applicable zoning regulations. The minimum grade above the street level for single and two-family residential buildings shall be eighteen inches.

   Any person dissatisfied with the grade finally established or set by the Engineer may, within ten days, file a notice of appeal, in writing, to the Architectural Review Board of the Municipality, which shall consider the criteria required to be observed by the Engineer, as herein above set forth, accord a hearing to all interested parties, including land owners, and may affirm or modify the Engineer's determination. The order of the Board may be appealed within ten days to Council, by filing written notice with the Clerk of Council.

(Ord. 69-32. Passed 6-16-69.)