[HISTORY: Adopted by the Common Council of
the City of St. Francis 11-30-2021 by Ord. No. 1479.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 212,
Construction Site Erosion Control, adopted 10-19-2004 by Ord. No.
1172 (§ 14.13 of the 1981 Code), as amended.
A.
This chapter is adopted under the authority granted by Wis. Stats.,
§ 62.234. This chapter supersedes all provisions of an ordinance
previously enacted under Wis. Stats., § 62.23, that relate
to construction site erosion control. Except as otherwise specified
in Wis. Stats., § 62.234, Wis. Stats., § 62.23,
applies to this chapter and to any amendments to this chapter.
B.
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the Common Council.
C.
The Common Council hereby designates the City Inspector (as defined in § 212-5 for purposes of this chapter) to administer and enforce the provisions of this chapter.
D.
The requirements of this chapter do not preempt more stringent erosion
and sediment control requirements that may be imposed by any of the
following:
(1)
Wisconsin Department of Natural Resources administrative rules, permits
or approvals, including those authorized under Wis. Stats., §§ 281.16
and 283.33.
(2)
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
The Common Council acknowledges that runoff from land-disturbing
construction activity carries a significant amount of sediment and
other pollutants to the waters of the state in the City of St. Francis.
It is the purpose of this chapter to further the maintenance
of safe and healthful conditions; prevent and control water pollution;
prevent and control soil erosion and sediment discharge; protect spawning
grounds, fish and aquatic life; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth, by minimizing the amount of sediment
and other pollutants carried by runoff or discharged from land-disturbing
construction activity to waters of the state in the City of St. Francis.
A.
Applicability.
(2)
This chapter does not apply to the following:
(a)
Transportation facilities, except transportation facility construction
projects that are part of a larger common plan of development, such
as local roads, within a residential or industrial development.
(b)
A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under Chapter 40, Code of Federal Regulations, Part 122, for land-disturbing construction activity.
(c)
Nonpoint discharges from agricultural facilities and practices.
(d)
Nonpoint discharges from silviculture activities.
(e)
Routine maintenance for project sites that have less than five
acres of land disturbance if performed to maintain the original line
and grade, hydraulic capacity or original purpose of the facility.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this chapter applies to construction sites of any size that, as determined by the City Inspector, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, or that increases water pollution by scouring or transporting particulate.
B.
Jurisdiction. This chapter applies to land-disturbing construction
activities on lands within the boundaries and jurisdiction of the
City of St. Francis as well as the extraterritorial division of land
subject to an ordinance enacted pursuant to Wis. Stats., § 236.45(2)
and (3).
C.
Exclusions. This chapter is not applicable to activities conducted
by a state agency, as defined under Wis. Stats., § 227.01(1).
As used in this chapter, the following terms shall have the
meanings indicated:
A governmental employee, or a regional planning commission
empowered under Wis. Stats., § 62.234, that is designated
by the Common Council to administer this chapter.
Has the meaning in Wis. Stats., § 281.16(1).
A calendar year of precipitation, excluding snow, which is
considered typical.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
A day the office of a City Inspector is routinely and customarily
open for business.
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit or in
violation of a permit issued by the City Inspector.
The City Engineer or Building Inspector, or either of their
respective designees.
The Common Council of the City of St. Francis, Milwaukee
County, Wisconsin.
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale where multiple separate and distinct land-disturbing
construction activities may be taking place at different times on
different schedules but under one plan. For purposes of this chapter,
a long-range planning document that describes separate construction
projects, such as a twenty-year transportation improvement plan, does
not constitute a common plan of development.
A hypothetical, discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
The creation from one parcel of four or more parcels or building
sites of 1 1/2 or fewer acres each in area where such creation
occurs at one time or through the successive partition within a five-year
period.
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
The unincorporated area within three miles of the corporate
limits of a first-, second- or third-class city or within 1.5 miles
of a fourth-class city or village.
All land-disturbing construction activities at the construction
site have been completed and a uniform perennial vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or that employ equivalent permanent stabilization measures.
The City of St. Francis Common Council.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. "Land-disturbing
construction activity" includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
Any person holding fee title, an easement or other interest
in property that allows the person to undertake cropping, livestock
management, land-disturbing construction activity or maintenance of
stormwater BMPs on the property.
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this chapter as determined in accordance with § 212-6.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the City Inspector to the
applicant to conduct land-disturbing construction activity or to discharge
post-construction runoff to waters of the state.
Has the meaning given in Wis. Stats., § 283.01(13).
Has the meaning given in Wis. Stats., § 281.01(10).
Any landowner or person performing services to meet the performance
standards of this chapter through a contract or other agreement.
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
Activities, including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
The entire area included in the legal description of the
land on which the land-disturbing construction activity is proposed
in the permit application.
An order issued by the City Inspector which requires that
all construction activity on the site be stopped.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail or any other public work for transportation
purposes such as harbor improvements under Wis. Stats., § 85.095(1)(b).
Transportation facility does not include building sites for the construction
of public buildings and buildings that are places of employment that
are regulated by the Department of Natural Resources pursuant to Wis.
Stats., § 281.33.
Those portions of Lake Michigan and Lake Superior within
the boundaries of this state, and all lakes, bays, rivers, streams,
springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within this state or its jurisdiction.
Maximum extent practicable applies for purposes of this chapter
when a person who is subject to a performance standard of this chapter
demonstrates to the City Inspector's satisfaction that a performance
standard is not achievable and that a lower level of performance is
appropriate. In making the assertion that a performance standard is
not achievable and that a level of performance different from the
performance standard is the maximum extent practicable, the responsible
party shall take into account the best available technology, cost
effectiveness, geographic features, and other competing interests
such as protection of public safety and welfare, protection of endangered
and threatened resources, and preservation of historic properties.
BMPs required for compliance with this chapter shall meet design
criteria, standards and specifications based on any of the following:
A.
Design guidance and technical standards identified or developed by
the Wisconsin Department of Natural Resources under Subchapter V of
Chapter NR 151, Wis. Adm. Code.
B.
Soil loss prediction tools [such as the universal soil loss equation
("USLE")] when using an appropriate rainfall or runoff factor (also
referred to as the "R factor") or an appropriate design storm and
precipitation distribution, and when considering the geographic location
of the site and the period of disturbance.
C.
Technical standards and methods approved by the City Inspector.
A.
Responsible party. The responsible party shall comply with this section.
B.
Erosion and sediment control practices. Erosion and sediment control
practices at each site where land-disturbing construction activity
is to occur shall be used to prevent or reduce all of the following:
(1)
The deposition of soil from being tracked onto streets by vehicles.
(2)
The discharge of sediment from disturbed areas into on-site stormwater
inlets.
(3)
The discharge of sediment from disturbed areas into adjacent waters
of the state.
(4)
The discharge of sediment from drainage ways that flow off the site.
(5)
The discharge of sediment by dewatering activities.
(6)
The discharge of sediment eroding from soil stockpiles existing for
more than seven days.
(7)
The transport by runoff into waters of the state of chemicals, cement,
and other building compounds and materials on the construction site
during the construction period. However, projects that require the
placement of these materials in waters of the state, such as constructing
bridge footings or BMP installations, are not prohibited by this subsection.
C.
Location. The BMPs shall be located before runoff enters waters of
the state.
D.
Implementation. The BMPs used to comply with this section shall be
implemented as follows:
(1)
Erosion and sediment control practices shall be constructed or installed
before land-disturbing construction activities begin.
(2)
Erosion and sediment control practices shall be maintained until
final stabilization.
(3)
Final stabilization activity shall commence when land-disturbing
activities cease and final grade has been reached on any portion of
the site.
(4)
Temporary stabilization activity shall commence when land-disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
(5)
BMPs that are no longer necessary for erosion and sediment control
shall be removed by the responsible party.
A.
Responsible party. The responsible party shall comply with this section and implement the erosion and sediment control plan developed in accordance with § 212-11.
B.
Erosion and sediment control plan. A written site-specific erosion and sediment control plan shall be developed in accordance with § 212-1 of this chapter and implemented for each construction site.
C.
Erosion and other pollutant control requirements. The erosion and sediment control plan required under Subsection B shall include the following:
(1)
Erosion and sediment control practices. Erosion and sediment control
practices at each site where land-disturbing construction activity
is to occur shall be used to prevent or reduce all of the following:
(a)
The deposition of soil from being tracked onto streets by vehicles.
(b)
The discharge of sediment from disturbed areas into on-site
stormwater inlets.
(c)
The discharge of sediment from disturbed areas into adjacent
waters of the state.
(d)
The discharge of sediment from drainage ways that flow off the
site.
(e)
The discharge of sediment by dewatering activities.
(f)
The discharge of sediment eroding from soil stockpiles existing
for more than seven days.
(g)
The discharge of sediment from erosive flows at outlets and
in downstream channels.
(h)
The transport by runoff into waters of the state of chemicals,
cement, and other building compounds and materials on the construction
site during the construction period. However, projects that require
the placement of these materials in waters of the state, such as constructing
bridge footings or BMP installations, are not prohibited by this subsection.
(i)
The transport by runoff into waters of the state of untreated
wash water from vehicle and wheel washing.
(2)
Sediment performance standards. In addition to the erosion and sediment control practices under Subsection C(1), the following erosion and sediment control practices shall be employed:
(a)
BMPs that, by design, discharge no more than five tons per acre
per year, or to the maximum extent practicable, of the sediment load
carried in runoff from initial grading to final stabilization.
(b)
No person shall be required to employ more BMPs than are needed
to meet a performance standard in order to comply with maximum extent
practicable. Erosion and sediment control BMPs may be combined to
meet the requirements of this subsection. Credit may be given toward
meeting the sediment performance standard of this subsection for limiting
the duration or area, or both, of land-disturbing construction activity,
or for other appropriate mechanisms.
(c)
Notwithstanding Subsection C(2)(a), if BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
(3)
Preventive measures. The erosion and sediment control plan shall
incorporate all of the following:
(a)
Maintenance of existing vegetation, especially adjacent to surface
waters whenever possible.
(b)
Minimization of soil compaction and preservation of topsoil.
(c)
Minimization of land-disturbing construction activity on slopes
of 20% or more.
(d)
Development of spill prevention and response procedures.
(4)
Location. The BMPs used to comply with this section shall be located
so that treatment occurs before runoff enters waters of the state.
D.
Implementation. The BMPs used to comply with this section shall be
implemented as follows:
(1)
Erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin in accordance with the erosion and sediment control plan developed in § 212-9B.
(2)
Erosion and sediment control practices shall be maintained until
final stabilization.
(3)
Final stabilization activity shall commence when land-disturbing
activities cease and final grade has been reached on any portion of
the site.
(4)
Temporary stabilization activity shall commence when land-disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
(5)
BMPs that are no longer necessary for erosion and sediment control
shall be removed by the responsible party.
A.
Permit required. No responsible party may commence a land-disturbing
construction activity subject to this chapter without receiving prior
approval of an erosion and sediment control plan for the site and
a permit from the City Inspector.
B.
Permit application and fees. The responsible party that will undertake a land-disturbing construction activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 212-11 and shall pay an application fee as provided by the current fee schedule on file with the City Clerk to the City Inspector. By submitting an application, the applicant is authorizing the City Inspector to enter the site to obtain information required for the review of the erosion and sediment control plan.
C.
Permit application review and approval. The City Inspector shall
review any permit application that is submitted with an erosion and
sediment control plan and the required fee. The following approval
procedure shall be used:
(1)
Within 20 business days of the receipt of a complete permit application, as required by Subsection B, the City Inspector shall inform the applicant whether the application and erosion and sediment control plan are approved or disapproved based on the requirements of this chapter.
(2)
If the permit application and erosion and sediment control plan are
approved, the City Inspector shall issue the permit.
(3)
If the permit application or erosion and sediment control plan is
disapproved, the City Inspector shall state, in writing, the reasons
for disapproval.
(4)
The City Inspector may request additional information from the applicant.
If additional information is submitted, the City Inspector shall have
five business days from the date the additional information is received
to inform the applicant that the erosion and sediment control plan
is either approved or disapproved.
(5)
Failure by the City Inspector to inform the permit applicant of a
decision within 10 business days of a required submittal shall be
deemed to mean approval of the submittal, and the applicant may proceed
as if a permit had been issued.
D.
Surety bond. As a condition of approval and issuance of the permit,
the City Inspector may require the applicant to deposit a surety bond
or irrevocable letter of credit to guarantee a good faith execution
of the approved erosion and sediment control plan and any permit conditions.
E.
Permit requirements. All permits shall require the responsible party
to:
(1)
Notify the City Inspector within 48 hours of commencing any land-disturbing
construction activity.
(2)
Notify the City Inspector of completion of any BMPs within 14 days
after their installation.
(3)
Obtain permission, in writing, from the City Inspector prior to any modification pursuant to § 212-11C of the erosion and sediment control plan.
(4)
Install all BMPs as identified in the approved erosion and sediment
control plan.
(5)
Maintain all road drainage systems, stormwater drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
(6)
Repair any siltation or erosion damage to adjoining surfaces and
drainage ways resulting from land-disturbing construction activities
and document repairs in a site inspection log.
(7)
Inspect the BMPs within 24 hours after each rain of 0.5 inches or
more which results in runoff during active construction periods and
at least once each week. Make needed repairs and install additional
BMPs as necessary, and document these activities in an inspection
log that also includes the date of inspection, the name of the person
conducting the inspection, and a description of the present phase
of the construction at the site.
(8)
Allow the City Inspector to enter the site for the purpose of inspecting
compliance with the erosion and sediment control plan or for performing
any work necessary to bring the site into compliance with the erosion
and sediment control plan. Keep a copy of the erosion and sediment
control plan at the construction site.
G.
Permit duration. Permits issued under this section shall be valid
for a period of 180 days, or the length of the building permit or
other construction authorizations, whichever is longer, from the date
of issuance. The City Inspector may grant one or more extensions not
to exceed 180 days. The City Inspector may require additional BMPs
as a condition of an extension if they are necessary to meet the requirements
of this chapter.
H.
Maintenance. The responsible party throughout the duration of the
construction activities shall maintain all BMPs necessary to meet
the requirements of this chapter until the site has undergone final
stabilization.
A.
Erosion and sediment control plan statement. For each construction site identified under § 212-4A(3), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the City Inspector. The erosion and sediment control plan statement shall briefly describe the site, the development schedule, and the BMPs that will be used to meet the requirements of the ordinance. A site map shall also accompany the erosion and sediment control plan statement.
B.
Erosion and sediment control plan requirements.
(1)
An erosion and sediment control plan shall be prepared and submitted
to the City Inspector.
(3)
The erosion and sediment control plan shall address pollution caused
by soil erosion and sedimentation during construction and up to final
stabilization of the site. The erosion and sediment control plan shall
include, at a minimum, the following items:
(a)
Name(s) and address(es) of the owner or developer of the site
and of any consulting firm retained by the applicant, together with
the name of the applicant's principal contact at such firm. The
application shall also include start and end dates for construction.
(b)
Description of the construction site and the nature of the land-disturbing
construction activity, including representation of the limits of land
disturbance on a United States Geological Service 7.5 minute series
topographic map.
(c)
Description of the intended sequence of major land-disturbing
construction activities for major portions of the construction site,
including stripping and clearing; rough grading; construction of utilities,
infrastructure, and buildings; and final grading and landscaping.
Sequencing shall identify the expected date on which clearing will
begin, the estimated duration of exposure of cleared areas, areas
of clearing, installation of temporary erosion and sediment control
measures, and establishment of permanent vegetation.
(d)
Estimates of the total area of the construction site and the
total area of the construction site that is expected to be disturbed
by land-disturbing construction activities.
(e)
Calculations to show the compliance with the performance standard in § 212-9C(2)(a).
(f)
Existing data describing the surface soil as well as subsoils.
(g)
Depth to groundwater, as indicated by Natural Resources Conservation
Service soil information, where available.
(h)
Name of the immediate named receiving water from the United
States Geological Service 7.5 minute series topographic maps.
(4)
The erosion and sediment control plan shall include a site map. The
site map shall include the following items and shall be at a scale
not greater than 100 feet per inch and at a contour interval not to
exceed five feet.
(a)
Existing topography, vegetative cover, natural and engineered
drainage systems, roads and surface waters. Lakes, streams, wetlands,
channels, ditches and other watercourses on and immediately adjacent
to the site shall be shown. Any identified 100-year flood plains,
flood fringes and floodways shall also be shown.
(b)
Boundaries of the construction site.
(c)
Drainage patterns and approximate slopes anticipated after major
grading activities.
(d)
Areas of soil disturbance.
(e)
Location of major structural and nonstructural controls identified
in the erosion and sediment control plan.
(f)
Location of areas where stabilization BMPs will be employed.
(g)
Areas which will be vegetated following land-disturbing construction
activities.
(h)
Area(s) and location(s) of wetland on the construction site.
(i)
Area(s) used for infiltration of post-construction stormwater
runoff.
(j)
An alphanumeric or equivalent grid overlying the entire construction
site map.
(5)
Each erosion and sediment control plan shall include a description
of appropriate control BMPs that will be installed and maintained
at the construction site to prevent pollutants from reaching waters
of the state. The erosion and sediment control plan shall clearly
describe the appropriate erosion and sediment control BMPs for each
major land-disturbing construction activity and the timing during
the period of land-disturbing construction activity that the erosion
and sediment control BMPs will be implemented. The description of
erosion and sediment control BMPs shall include, when appropriate,
the following minimum requirements:
(a)
Description of interim and permanent stabilization practices,
including a BMP implementation schedule. The erosion and sediment
control plan shall ensure that existing vegetation is preserved where
attainable and that disturbed portions of the site are stabilized.
(b)
Description of structural practices to divert flow away from
exposed soils, store flows or otherwise limit runoff and the discharge
of pollutants from the site. Unless otherwise specifically approved,
in writing, by the City Inspector, structural measures shall be installed
on upland soils.
(c)
Management of overland flow at all areas of the construction
site, unless otherwise controlled by outfall controls.
(d)
Trapping of sediment in channelized flow.
(e)
Staging land-disturbing construction activities to limit exposed
soil areas subject to erosion.
(f)
Protection of downslope drainage inlets where they occur.
(g)
Minimization of tracking at all vehicle and equipment entry
and exit locations of the construction site.
(h)
Cleanup of off-site sediment deposits.
(i)
Proper disposal of building and waste material.
(j)
Stabilization of drainage ways.
(k)
Installation of permanent stabilization practices as soon as
possible after final grading.
(l)
Minimization of dust to the maximum extent practicable.
(6)
The erosion and sediment control plan shall require that velocity
dissipation devices be placed at discharge locations and along the
length of any outfall channel, as necessary, to provide a nonerosive
flow from the structure to a water course so that the natural physical
and biological characteristics and functions are maintained and protected.
C.
Erosion and sediment control plan amendments. The applicant shall
amend the erosion and sediment control plan if any of the following
occur:
(1)
There is a change in design, construction, operation or maintenance
at the site which has the reasonable potential for the discharge of
pollutants to waters of the state and which has not otherwise been
addressed in the erosion and sediment control plan.
(2)
The actions required by the erosion and sediment control plan fail
to reduce the impacts of pollutants carried by construction site runoff.
(3)
The City Inspector notifies the applicant of changes needed in the
erosion and sediment control plan.
The fees referred to in other sections of this chapter shall
be established by the Common Council and may, from time to time, be
modified by resolution. A schedule of the fees established by the
Common Council shall be available for review in the City Clerk/Treasurer's
office.
If land-disturbing construction activities are occurring without
a permit required by this chapter, the City Inspector may enter the
land pursuant to the provisions of Wis. Stats., § 66.0119(1),
(2) and (3).
A.
The City Inspector may post a stop-work order if any of the following
occurs:
B.
If the responsible party does not cease activity as required in a
stop-work order posted under this section or fails to comply with
the erosion and sediment control plan or permit conditions, the City
Inspector may revoke the permit.
C.
If the responsible party, where no permit has been issued or the permit has been revoked, does not cease the activity after being notified by the City Inspector, or if a responsible party violates a stop-work order posted under Subsection A, the City Inspector may request the City Attorney to obtain a cease-and-desist order in any court with jurisdiction.
E.
After posting a stop-work order under Subsection A, the City Inspector may issue a notice of intent to the responsible party of his intent to perform work necessary to comply with this chapter. The City Inspector may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the City Inspector, plus interest at the rate authorized by the Common Council, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the City Clerk/Treasurer shall enter the amount due on the tax rolls and collect it as a special assessment against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
F.
Any person violating any of the provisions of this chapter shall
be subject to a forfeiture of not less than $200 nor more than $1,000
and the costs of prosecution for each violation. Each day a violation
exists shall constitute a separate offense.
G.
Compliance with the provisions of this chapter may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease-and-desist order before resorting
to injunctional proceedings.
A.
Zoning Board of Appeals. The Zoning Board of Appeals created pursuant to § 455-53A of this Code pursuant to Wis. Stats., § 62.23(7)(e):
(1)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City Inspector in administering this chapter, except for cease and desist orders obtained under § 212-14C;
(2)
May authorize, upon appeal, variances from the provisions of this
chapter which are not contrary to the public interest and where, owing
to special conditions, a literal enforcement of the provisions of
this chapter will result in unnecessary hardship; and
(3)
Shall use the rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
B.
Who may appeal. Appeals to the Zoning Board of Appeals may be taken
by any aggrieved person or by any office, department, board, or bureau
of the City of St. Francis affected by any decision of the City Inspector.
