A. It shall be the duty of the planning director to determine when an applicant's request for variation from the standards of this subchapter is beyond the scope of an administrative exception as set forth at section 12-721.2 of this subchapter. The planning director shall inform the applicant that the request must be processed as a variance, pursuant to subchapter 2.3 of this title, and subject to the filing fee as set forth in section 12-265 of this title.
B. An applicant for a variance shall show that the site character is topographically, physiographically, vegetatively or geologically so unique that the strict imposition of the standards of this subchapter would:
1. Defeat the purposes of this subchapter; or
2. Be less efficient in the collection, conveyance, detention, retention or treatment of stormwaters than the proposed alternative; or
3. Create an undue hardship.
C. No variance shall be issued where such variance would impose a burden upon adjacent landowners or divert untreated stormwaters onto adjacent lands. (Ord. 501, 11-18-2008)