§ 151.020 VARIANCES.
   (A)   The county may grant a variance from any technical requirements of §§ 151.035 and 151.036 (SWM criteria), provided the variance is consistent with sound SWM.
   (B)   The county may not grant a variance if downstream flooding problems or danger to health and safety or damage to property or the environment exist or may be created by runoff from the project.
   (C)   A variance may be granted upon:
      (1)   A written request submitted by the developer which contains descriptions, drawings, and any other information that the county deems necessary to demonstrate that ESD has been investigated thoroughly;
      (2)   A determination that failure to grant a variance would result in exceptional hardship or environmental degradation;
      (3)   A determination that adherence to the technical requirement is not necessary to fulfill the purpose of this chapter;
      (4)   A determination that granting a variance will not result in increased flooding, dangers to health and safety, or damage to property or the environment; or
      (5)   Provision of compensatory SWM in accordance with § 151.019(D) for all impervious areas within the LOD not completely treated in accordance with the requirements of this chapter.
   (D)   For any development located within an incorporated municipality, a notice of a request for a variance to the technical requirements of this chapter shall be forwarded by the applicant to the Mayor of that municipality. Proof of submittal to the municipality shall be provided to the county.
   (E)   If granting a variance to a technical requirement of this chapter, the county shall issue written findings of fact that the applicant has met the requirements of this section and that granting the variance is consistent with the intent of this chapter.
   (F)   The process includes:
      (1)   Submittal with all supporting documentation;
      (2)   Review by the county SWM staff with written recommendation; and
      (3)   A written decision by the County Commissioners or its designee. All written recommendations and decisions are to be maintained in the project file.
   (G)   A variance may not be granted for the review and approval process.
(2004 Code, § 191-9) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004; Ord. 2010-05, passed 4-29-2010)