(b) Exceptional circumstances justifying the application of this section shall exist only where the Applicant can clearly demonstrate, to the satisfaction of the commissioner, that one of the following four circumstances exists:
(1) The Applicant cannot comply with Section 11-18-030 because of the site's exceptional physical conditions or circumstances. To demonstrate that such conditions or circumstances exist, the Applicant must provide supporting documentation. At a minimum, the Applicant must show that the site is designed to minimize the peak rate of discharge and volume of stormwater from the Development. Such showing must include a BMP feasibility evaluation for each building, parking area, landscaped area and each other significant footprint at the site. The evaluation must include all necessary technical computations and analyses (examples include engineering, architectural and horticultural analyses) to assess fully the applicability of pertinent BMPs and the extent to which they can be applied to comply with Section 11-18-030.
(2) The Applicant cannot comply with Section 11-18-030 without causing a public nuisance.
(4) The Regulated Development is a registered landmark and compliance with Section 11-18-030 would violate the Regulated Development's landmark status.
(c) Applications for a variance shall be in a form prescribed by the commissioner. All applications for a variance shall bear the notarized signature and certification of a professional architect, engineer or geologist licensed in the State of Illinois.
(d) In applying for a variance, an Applicant may propose, and the commissioner may consider, alternative measures to accomplish the stormwater management goals of this chapter.
(Added Coun. J. 12-13-06, p. 95586, § 1)