(A) The Drainage Board reserves the discretionary right to grant variances from, waivers of, and modifications of this subchapter as it pertains to a specific project. The Drainage Board shall hear and approve or deny any such request for a variance, waiver, or modification of, or from the terms of, the stormwater control subchapter, and may impose reasonable conditions as a part of its approval.
(B) A variance may be approved only upon a determination, in writing, that:
(1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially-adverse manner;
(3) The need for the variance arises from some condition peculiar to the property involved;
(4) The strict application of the terms of this subchapter will constitute an unnecessary hardship if applied to the property for which the variance is sought;
(5) The approval does not interfere substantially with the comprehensive plan; and
(6) The adjacent affected property owners have been notified, in writing, of the variance request by the persons seeking the variance.
(a) Hardship, where the Drainage Board finds that hardships may result from strict compliance with the stormwater control chapter it may vary, waive, or modify the requirements so that substantial justice may be done, and the public interest served.
(b) In granting variances, waivers, and modifications, the Drainage Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
(c) No request for a variance, waiver, or modification to or from the express terms of this subchapter shall be acted upon until the applicant has filed with the Drainage Board a certification of substantial conformity with this subchapter and has filed, published, and served on affected property owners a petition requesting a variance/waiver or modification of a specific portion of the stormwater control subchapter.
(Ord. 2007-10, passed - -)