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A. Variances may be granted to vary, or modify, the strict application of any of the provisions of Appendix I, Uniform Plumbing Code, 1982 Edition, as adopted by the International Association of Plumbing and Mechanical Officials in cases in which there are practical difficulties and unnecessary hardships, so long as the variance does not have the effect of causing adverse impacts to public health or to the environment. Fees for the hearing of variances shall be set by resolution by the Board of Supervisors.

B. An applicant, permittee or owner requesting a variance shall file an application with the Health Department. Such applications shall be made on forms prescribed by the Health Department, and shall include:

1. Provisions of Appendix I, Uniform Plumbing Code, from which a variance is sought; and

2. Plot plans showing the location of property lines, existing and proposed buildings, high water line of the nearest body of surface water, and layout of the on-site wastewater disposal system; and

3. Cross-sectional elevations showing the location of the leach lines, ground surface, subsurface water level and soil and rock strata.

C. The applicant shall present adequate evidence showing:

1. That there are special circumstances or conditions existing on the subject property which make compliance with Appendix I, Uniform Plumbing Code, difficult; and

2. That the granting of the variance will not be detrimental to public health and environmental quality.

D. The Health Officer shall schedule an administrative hearing to be held within 30 days of the date of filing of the application. Notice of the time, place and purpose of the hearing shall be given in writing to the applicant and to the building official, and posted in a conspicuous place at three locations on a public way bordering the applicant’s property for at least 10 days immediately preceding the date of hearing.

E. The Health Officer may hear facts from any person appearing and may consider written communications relative to the application. The Health Officer shall, within 15 days from the close of the administrative hearing, render his decision on the application. The decision shall include a written order of specific findings of fact and reasons for granting or denying the variance. In the granting of a variance, the Health Officer shall make the following findings in the affirmative:

1. That there are special circumstances or conditions existing on the subject property which make compliance with Appendix I, Uniform Plumbing Code, difficult; and

2. That the granting of the variance will not be detrimental to public health and environmental quality.

F. The applicant or any real property owner within 300 feet of the exterior boundaries of the property involved who was present at the administrative hearing or who presented written testimony before the Health Officer shall have the right to appeal to the Board of Supervisors; provided, that such appeal is made within 15 days of the decision of the Health Officer.

G. Appeals shall be initiated by filing a written notice of appeal with the Clerk of the Board of Supervisors, paying the prescribed fee, and stating therein the reasons why the decision of the Health Officer should be amended, modified or reversed. Such reasons shall be based upon the evidence presented to the Health Officer at the administrative hearing. Failure of the appellant to present such reasons shall be deemed cause for denial of appeal.

H. The Clerk shall set the matter for hearing before the Board of Supervisors within 15 days of the filing of the appeal and shall give the appellant, the original applicant, the Health Officer and the building official notice of the time, place and purpose of the hearing. Notice shall also be published in a newspaper of general circulation in the county at least once 10 days prior to the hearing. The Board may sustain, modify, or overrule the decision of the Health Officer. In granting a variance, the Board shall make the findings in subsection (E) of this section in the affirmative. (Ord. 696, eff. 4/19/85)