Chapter 12A LAND PRESERVATION
Section 12A-110 Variances.
(a) Any property owner may petition the board of adjustment for a variance from
compliance with the requirements of this chapter. The petition shall be in writing and shall state
the grounds for the petition and all facts relied upon by petitioner.
The petition shall include a
written detailed explanation of all burdens or hardships and how all options available in the
stormwater manual or under this chapter have been exhausted. The petition shall address in
detail how the petitioner is in compliance with subsections (b)(1)-(4) and (c) of this section; shall
include all evidence and support that no adverse downstream impacts exist; and shall list all
reasonable mitigation measures.
(b) The board of adjustment shall not grant a variance from the requirements
of this chapter
unless it shall make all of the following findings:
(1) Good and sufficient cause based on an unreasonable
burden or hardship has been proved.
(2) The granting of the variance would not result in
any increase in quantity or velocity of
flow, degradation of water quality, or negative impacts upon adjoining or downstream properties,
nor upon the stormwater system.
(3) The degree of variance is the minimum necessary to
afford relief from the unreasonable
burden or hardship imposed by the requirements of this chapter;
(4) The variance may be granted without defeating the
public health, safety and welfare
purposes and intent of this chapter.
(c) The board may grant a variance
to the stormwater management requirements of article V
only if at least one of the following conditions exist:
(1) Alternative requirements for onsite management of stormwater
discharges have been
established in a stormwater management plan approved by the director.
(2) Provisions are made to manage stormwater by an existing
offsite facility that is adequately
sized to provide a level of stormwater control at least equal to that which would be afforded by
onsite practices and there is a legally obligated entity responsible for long-term maintenance of
the offsite facility.
(3) The board finds that meeting the minimum onsite management
requirements is not feasible
because of physical characteristics of the site.
The board may not vary the stormwater management requirements of article V if the
would result in any of the following impacts in the downstream waterway:
(1) Deterioration of existing culverts,
bridges, dams or other structures;
(2) Degradation of biological functions
(3) Accelerated stream bank or stream
bed erosion or siltation;
(4) Increased threat of flood damage.
If a variance granted by the board will likely result in a lower level of stormwater
board shall impose reasonable mitigation measures including, but not limited to, the following:
(1) The purchase and donation of privately owned lands or
the grant of an easement to be
dedicated for preservation or reforestation. These lands must be adjacent to a stream corridor
order to provide permanent buffer areas to protect water quality and aquatic habitat.
(2) The construction of a stormwater management facility or
other drainage improvements on
previously developed property, whether public or private, which currently lacks stormwater
management facilities, designed and constructed in accordance with the standards and purposes
of this chapter and the citys Stormwater Management and Water Quality Manual.
(3) At the petitioners request, monetary contributions
to fund stormwater related studies and
projects including regional wetland delineation studies, stream monitoring studies, hydrologic
studies, stream assessment studies, including stream monitoring studies for water quality and
macroinvertebrates, stream flow monitoring, threatened and endangered species studies and
stream restoration projects. The monetary contribution shall be in accordance with a schedule
established by the director and shall be based on the cubic feet of storage required but not
provided for the stormwater management of the property in question.
(Ord. No. 13019, § 1, 7-1-91; Ord. No. 19442, § 3, 3-5-07; Ord. No. 21407, §1, 9-4-12)
(Ord. 21407, Amended, 09/04/2012, Prior Text; Ord. 19442, Amended, 03/05/2007, Prior Text)