<div class="chunk-title">Sec. 12-147. - Powers and duties of the board of commissioners in its role as the watershed review board.</div>
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            <p class="p0">
               In exercising the powers in this article, the board may reverse or affirm, wholly
               or in part, or may modify the order, requirements, decision, or determination of the
               watershed administrator, and may direct the issuance of a watershed permit.
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  <span class="ital">Administrative review</span>. The board of commissioners shall hear and decide appeals from any decision or determination
                  made by the chief code enforcement officer in the enforcement of this article.
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  <span class="ital">Variances</span>. The board of commissioners shall have the power to authorize, in specific cases,
                  minor variances from the terms of this article as will not be contrary to the public
                  interests where, owing to special conditions, a literal enforcement of this article
                  will result in practical difficulties or unnecessary hardship, so that the spirit
                  of this article shall be observed, public safety and welfare secured, and substantial
                  justice done. In addition, the county shall notify and allow a reasonable comment
                  period for all other local governments having jurisdiction in the designated watershed
                  where the variance is being considered.
                  
               </p>
               		
               <p class="incr2">
                  a.
                  
               </p>
               		
               <p class="content3">
                  Applications for a variance shall be made on the proper form obtainable from the chief
                  code enforcement officer and shall include the following information:
                  
               </p>
               		
               <p class="incr3">
                  1.
                  
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               <p class="content4">
                  A site plan, drawn to a scale of at least one inch to 40 feet, indicating the property
                  lines of the parcel upon which the use is proposed; any existing or proposed structures;
                  parking areas and other built-upon areas; surface water drainage. The site plan shall
                  be neatly drawn and indicate north point, name and address of person who prepared
                  the plan, date of the original drawing, and an accurate record of any later revisions.
                  
               </p>
               		
               <p class="incr3">
                  2.
                  
               </p>
               		
               <p class="content4">
                  A complete and detailed description of the proposed variance, together with any other
                  pertinent information which the applicant feels would be helpful to the board of commissioners
                  in considering the application.
                  
               </p>
               		
               <p class="incr3">
                  3.
                  
               </p>
               		
               <p class="content4">
                  The chief code enforcement officer shall notify in writing each local government having
                  jurisdiction in the watershed and the entity using the water supply for consumption.
                  Such notice shall include a description of the variance being requested. Local governments
                  receiving notice of the variance request may submit comments to the chief code enforcement
                  officer prior to a decision by the board of commissioners. Such comments shall become
                  a part of the record of proceedings of the board of commissioners.
                  
               </p>
               		
               <p class="incr2">
                  b.
                  
               </p>
               		
               <p class="content3">
                  Before the board of commissioners may grant a variance, it shall make the following
                  three findings, which shall be recorded in the permanent record of the case, and shall
                  include the factual reasons on which they are based:
                  
               </p>
               		
               <p class="incr3">
                  1.
                  
               </p>
               		
               <p class="content4">
                  There are practical difficulties or unnecessary hardships in the way of carrying out
                  the strict letter of this article. In order to determine that there are practical
                  difficulties or unnecessary hardships, the board must find that the five following
                  conditions exist:
                  
               </p>
               		
               <p class="incr4">
                  (i)
                  
               </p>
               		
               <p class="content5">
                  If he complies with the provisions of this article, the applicant can secure no reasonable
                  return from, nor make reasonable use of, his property. Merely proving that the variance
                  would permit a greater profit to be made from the property will not be considered
                  adequate to justify the board in granting a variance. Moreover, the board shall consider
                  whether the variance is the minimum possible deviation from the terms of this article
                  that will make possible the reasonable use of his property.
                  
               </p>
               		
               <p class="incr4">
                  (ii)
                  
               </p>
               		
               <p class="content5">
                  The hardship results from the application of this article to the property rather than
                  from other factors such as deed restrictions or other hardship.
                  
               </p>
               		
               <p class="incr4">
                  (iii)
                  
               </p>
               		
               <p class="content5">
                  The hardship is due to the physical nature of the applicant's property, such as its
                  size, shape, or topography, which is different from that of neighboring property.
                  
               </p>
               		
               <p class="incr4">
                  (iv)
                  
               </p>
               		
               <p class="content5">
                  The hardship is not the result of the actions of an applicant who knowingly or unknowingly
                  violates the ordinance, or who purchases the property after the effective date of
                  the ordinance from which this article is derived, and then comes to the board for
                  relief.
                  
               </p>
               		
               <p class="incr4">
                  (v)
                  
               </p>
               		
               <p class="content5">
                  The hardship is peculiar to the applicant's property, rather than the result of conditions
                  that are widespread. If other properties are equally subject to the hardship created
                  in the restriction, then granting a variance would be a special privilege denied to
                  others, and would not promote equal justice.
                  
               </p>
               		
               <p class="incr3">
                  2.
                  
               </p>
               		
               <p class="content4">
                  The variance is in harmony with the general purpose and intent of the ordinance and
                  preserves its spirit.
                  
               </p>
               		
               <p class="incr3">
                  3.
                  
               </p>
               		
               <p class="content4">
                  In the granting of the variance, the public safety and welfare have been assured and
                  substantial justice has been done. The board shall not grant a variance if it finds
                  that doing so would in any respect impair the public health, safety, or general welfare.
                  
               </p>
               		
               <p class="incr2">
                  c.
                  
               </p>
               		
               <p class="content3">
                  In granting the variance, the board may attach thereto such conditions regarding the
                  location, character, and other features of the proposed building, structure, or use
                  as it may deem advisable in furtherance of the purpose of this article. If a variance
                  for the construction, alteration or use of property is granted, such construction,
                  alteration or use shall be in accordance with the approved site plan.
                  
               </p>
               		
               <p class="incr2">
                  d.
                  
               </p>
               		
               <p class="content3">
                  The variance or request requires a four-fifths vote by the board of commissioners
                  for approval.
                  
               </p>
               		
               <p class="incr2">
                  e.
                  
               </p>
               		
               <p class="content3">
                  The board of commissioners shall refuse to hear an appeal or an application for a
                  variance previously denied if it finds that there have been no substantial changes
                  in conditions or circumstances bearing on the appeal or application.
                  
               </p>
               		
               <p class="incr2">
                  f.
                  
               </p>
               		
               <p class="content3">
                  A variance issued in accordance with this section shall be considered a watershed
                  protection permit and shall expire if a building permit or watershed occupancy permit
                  for such use is not obtained by the applicant within six months from the date of the
                  decision.
                  
               </p>
               		
               <p class="incr2">
                  g.
                  
               </p>
               		
               <p class="content3">
                  If the application calls for the granting of a major variance, and if the board of
                  commissioners decides in favor of granting the variance, the board shall prepare a
                  preliminary record of the hearing with all deliberate speed. The preliminary record
                  of the hearing shall include:
                  
               </p>
               		
               <p class="incr3">
                  1.
                  
               </p>
               		
               <p class="content4">
                  The variance application;
                  
               </p>
               		
               <p class="incr3">
                  2.
                  
               </p>
               		
               <p class="content4">
                  The hearing notices;
                  
               </p>
               		
               <p class="incr3">
                  3.
                  
               </p>
               		
               <p class="content4">
                  The evidence presented;
                  
               </p>
               		
               <p class="incr3">
                  4.
                  
               </p>
               		
               <p class="content4">
                  Motions, offers of proof, objections to evidence, and rulings on them;
                  
               </p>
               		
               <p class="incr3">
                  5.
                  
               </p>
               		
               <p class="content4">
                  Proposed findings and exceptions;
                  
               </p>
               		
               <p class="incr3">
                  6.
                  
               </p>
               		
               <p class="content4">
                  The proposed decision, including all conditions proposed to be added to the permit.
                  
               </p>
               		
               <p class="incr2">
                  h.
                  
               </p>
               		
               <p class="content3">
                  The preliminary record shall be sent to the environmental management commission for
                  its review as follows:
                  
               </p>
               		
               <p class="incr3">
                  1.
                  
               </p>
               		
               <p class="content4">
                  If the environmental management commission concludes from the preliminary record that
                  the variance qualifies as a major variance and that:
                  
               </p>
               		
               <p class="incr4">
                  (i)
                  
               </p>
               		
               <p class="content5">
                  The property owner can secure no reasonable return from, nor make any practical use
                  of the property unless the proposed variance is granted; and
                  
               </p>
               		
               <p class="incr4">
                  (ii)
                  
               </p>
               		
               <p class="content5">
                  The variance, if granted, will not result in a serious threat to the water supply,
                  then the environmental management commission shall approve the variance as proposed
                  or approve the proposed variance with conditions and stipulations. The environmental
                  management commission shall prepare a commission decision and send it to the board
                  of commissioners. If the environmental management commission approves the variance
                  as proposed, the board shall prepare a final decision granting the proposed variance.
                  If the environmental management commission approves the variance with conditions and
                  stipulations, the board shall prepare a final decision, including such conditions
                  and stipulations, granting the proposed variance.
                  
               </p>
               		
               <p class="incr3">
                  2.
                  
               </p>
               		
               <p class="content4">
                  If the environmental management commission concludes from the preliminary record that
                  the variance qualifies as a major variance and that:
                  
               </p>
               		
               <p class="incr4">
                  (i)
                  
               </p>
               		
               <p class="content5">
                  The property owner can secure a reasonable return from or make a practical use of
                  the property without the variance; or
                  
               </p>
               		
               <p class="incr4">
                  (ii)
                  
               </p>
               		
               <p class="content5">
                  The variance, if granted, will result in a serious threat to the water supply, then
                  the environmental management commission shall deny approval of the variance as proposed.
                  The environmental management commission shall prepare a commission decision and send
                  it to the board of commissioners. The board shall prepare a final decision denying
                  the variance as proposed.
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  <span class="ital">Subdivision approval</span>. See division 2 of this article.
                  
               </p>
               		
               
               <p class="incr1">
                  (4)
                  
               </p>
               		
               <p class="content2">
                  <span class="ital">Public health</span>. See<a href="" data-chunk-id="PTIICOOR_CH12EN_ARTIIWAPR_DIV4PUHERE" class="section-link" data-product-id="15271"> division 4</a> of this article.
                  
               </p>
               		
               
            
            <p class="historynote0">
               (Ord. No. 2014-1, Â§ 507, 8-14-2013)
               
            </p></div>