§ 33-4-113. VARIANCES.

(a)

Authority to grant.

(1)

The Director may grant a variance from any requirement of this title or design standards if there are exceptional circumstances applicable to the site.

(2)

Exceptional circumstances must be such that strict adherence to the provisions of this title or design standards would result in unreasonable hardship or practical difficulty and not fulfill the intent of this title.

(b)

Applicant to request.

(1)

The applicant shall submit a written request for variance to the Director stating the specific variance sought and rationale for the request.

(2)

The Director may not grant a variance unless and until the applicant provides specific justification for the variance, including justification that ESD to the MEP has been investigated thoroughly.

(c)

Review of comments.

(1)

The Director shall review comments from the Department of Public Works, as necessary, before approving or denying a variance request.

(2)

If there is a dispute, decisions of the Director shall be final and conclusive.

(d)

Subsequent modifications. A separate written variance request may be required if there are subsequent additions, extensions, or modifications to a site receiving a variance.

(e)

Conditions.

(1)

(i)

In approving a variance, the Director may impose conditions that will mitigate water quality adverse impacts.

(ii)

The conditions may include payment of a fee to the stormwater management fund as established in Article 10, Title 13 of the Code.

(2)

The County Administrative Officer shall establish the amount of the fee.

(1988 Code, § 14-155) (Bill No. 53-01, § 1, 7-2-2001; Bill No. 94-02, § 2, 7-1-2004; Bill No. 25-10, § 1, 6-1-2010)

Editor's note:
  Section 3 of Bill No. 25-10 provides that the legislation is retroactive to May 4, 2010.