§ 12. Variances and appeals.

(a)

The city manager or his designee may authorize in specific cases a variance from any requirement of this ordinance which will not be contrary to the public interest when, by reason of the existence of special conditions, a strict enforcement of such requirement will result in unnecessary hardship. No variance shall be authorized unless:

(1)

Strict application of the ordinance will produce undue hardship;

(2)

The condition giving rise to the asserted hardship is not of so general or recurring nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance; and

(3)

The granting of the variance will not:

(i)

Adversely change the rate or volume of stormwater runoff;

(ii)

Have an adverse impact on a wetland, shoreline, watercourse or water body;

(iii)

Contribute to the degradation of water quality;

(iv)

Be of substantial detriment to adjacent property or adversely affect the character of adjoining neighborhoods; or

(v)

Otherwise impair attainment of the objectives of this ordinance.

When a variance is granted, the city manager or his designee may attach such conditions and safeguards as are deemed necessary to protect water quality in the Southern Rivers Watershed, and may require a guarantee or bond to assure compliance. Any person aggrieved of the decision of the city manager or his designee may appeal such decision to the city council within thirty (30) days of the date of such decision. Any person aggrieved of a decision of the city council may appeal such decision to the circuit court within thirty (30) days of the date of such decision. Review of such decision shall be in accordance with the procedures and standards of the Administrative Process Act. The city manager or his designee shall maintain a record of all variance actions and report thereupon biannually to the city council.

(b)

Any decision, determination or order made by any officer in the administration or enforcement of this ordinance may be appealed to the city council within thirty (30) days from the date of such decision, determination or order. Any decision of the city council may be appealed to the circuit court within thirty (30) days of the date of such decision. Review of such decision shall be in accordance with the procedures and standards of the Administrative Process Act.

(Ord. No. 3370, 9-16-14)

(Ord. No. 3370, 9-16-14)