A. Determination; Notice To Applicant: It shall be the duty of the city engineer to determine when an applicant's request for a variation from the standards of this chapter is beyond the scope of an administrative exception as set forth at subsection 9-4-6C of this chapter. The administrator shall inform the applicant that the request must be processed as a variance.
B. Scope: A variance shall not be considered a right or special privilege but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. An undue hardship shall only exist if the topography, physiography, vegetation, or geology of the site is so unique that the strict imposition of the standards of this chapter would defeat the purposes of this chapter.
C. Prohibited Variances: No variance shall be issued where such variance would impose a burden upon adjacent landowners or divert stormwater onto adjacent lands unless a joint management agreement is executed.
D. Procedures: The variance application shall be considered using the standards and procedures of title 12, chapter 8 of this Code. (Ord. 170, 11-12-2020)