§ 33-3-106. SAME — VARIANCES.

(a)

Authority to grant. The Director of the Department may grant a variance:

(1)

For those projects or activities where strict compliance with the requirements of this title would result in practical difficulty or unreasonable hardship;

(2)

For those public improvement projects or activities where no feasible alternative is available;

(3)

For the repair and maintenance of public improvements where avoidance and minimization of adverse impacts to nontidal wetlands and associated aquatic ecosystems have been addressed; or

(4)

For developments that have had stream buffers/forest buffers applied in conformance with the requirements outlined in the county water quality management policy (February 1, 1986) or the County Executive order for the protection of water quality, streams, wetlands, and floodplains (June 4, 1989) and for which the potential for water quality and aquatic resource degradation is minimal.

(b)

Application.

(1)

The applicant shall submit a written request for a variance to the Director of the Department.

(2)

The application shall include specific reasons justifying the variance and any other information necessary to evaluate the proposed variance request.

(3)

The Department may require an alternatives analysis that clearly demonstrates that no other feasible alternative exists and that minimal impacts will occur as a result of the proposed project, activity, or development.

(c)

Conditions. In granting a request for a variance, the Director of the Department may require site design, landscape planting, fencing, the placement of signs, and the establishment of water quality best management practices in order to reduce adverse impacts on water quality, streams, wetlands, and riverine floodplains.

(1988 Code, § 14-334) (Bill No. 224, 1990, § 1, 1-1-1991; Bill No. 94-02, § 2, 7-1-2004)