§ 3-2-72. Variances from the on-site sewage treatment and disposal systems ordinance.

(a)

The board of zoning appeals, when so appealed to and after a hearing, may vary the requirements imposed under the OSTDS ordinance adopted by the board of county commissioners as provided in such ordinance. The board of zoning appeals may grant variances from the requirements of the OSTDS ordinance in hardship cases which may be less restrictive than the provisions of the OSTDS ordinance; however, a variance may not be granted until the board of zoning appeals is satisfied that:

(1)

The hardship was not caused intentionally by the action of the applicant; and

(2)

There is no reasonable alternative, taking into consideration factors such as cost, for the treatment of the sewage; and

(3)

The discharge from the subject on-site sewage treatment and disposal system will not adversely affect the health of the applicant or the public or significantly degrade the groundwater or surface waters.

(Ord. No. 2016-024, § 9, 6-14-16)

Cross reference

Administration, Ch. 1-2.