§ 155.12  VARIANCES.
   An application for a variance may be submitted to the city for consideration for sites that meet all the following criteria  Each request  will be evaluated on a case-by-case basis.
   (A)   The approving agency must determine that it is in the best interest of the city to allow or require storm water detention to occur off-site from the proposed development.
   (B)   Special conditions exist such that the development will cause none of the harmful effect associated with increases in runoff rates and volume.
   (C)   There are existing and adequate off-site stormwater run-off control facilities that available storage capacity to ensure that later developments have a similar opportunity to utilize a portion of the storage capacity.
   (D)   The applicant must provide sufficient detail to determine that granting a variance will not result in increased flooding and that the added volume of runoff will not materially change the recovery stream.
   (E)   The proposed development is not exempt under § 155.03.
   (F)   The development activities do not exceed  the following:
      (1)   Single-family residential developments:
Minimum Lot Size
Maximum Subdivision Size
3/4 acre
7 gross acres
1/2 acre
4 gross acres
11,250 sq. feet
2 gross acres
      (2)   Multi-family residential lots which total two acres or less.
      (3)   Commercial buildings with a maximum one-half acre impervious areas, such as roofs, walks and parking areas.
   (G)   The variance may apply only to the requirements that runoff be controlled, and may not in any way request a variance in the requirements for adequate on-site drainage, water-quality requirements, erosion and sediment control requirements, or the ability to accept runoff from land tributary to the development.
   (H)   (1)   The variance application must request in writing that the requirements for storm water run- off control be varied.
      (2)   The city reserves the right to deny any and all variance requests.
      (3)   If on-site detention requirements are varied, temporary detention facilities may be required during construction, or until permanent improvements are made.
      (4)   In any case, where permanent facilities are not required, the developer shall pay prior to final plat approval or the application for a building permit, if a subdivision is not requested, the sum of $1.00 per cubic foot of stormwater storage required to meet detention requirements, to the city unless it is determined by the City Engineer that the cost of off- site drainage facilities to serve the proposed development will exceed $1.00 per cubic foot of stormwater storage required  In such cases, the charges shall be determined by the approving authority based on a cost estimate as approved by the City Engineer. The charges herein above provided shall be placed in the Special Storm Drain Capital Improvement Fund and shall be used for the construction of off-site storm drainage improvements and appurtenances.
      (5)   Any variance granted by the approving agent shall be limited by the condition that any addition, extension or modification of the development for which a variance is granted shall be required to provide storm water runoff control for the entire site if preceding limitations are exceeded by subsequent additions, extensions or modifications.
(‘65 Code, § 1391.12)  (Ord. 66-79, passed 6-5-79; Am. Ord. 08-027, passed 5-20-08)