(A) Waivers.
(1) The Environmental Management Administrator may grant waivers from the stormwater management requirements of this chapter for individual land disturbances if there are exceptional circumstances applicable to the site such that strict adherence to the provisions of this chapter will result in unnecessary hardship and not fulfill the intent of the chapter. The Environmental Management Administrator may require a written request from the applicant containing descriptions, drawings, and any other information that is necessary to evaluate the proposed land disturbance(s). A separate written waiver request may be required if there are subsequent additions, extensions, or modifications which would alter the approved stormwater runoff characteristics to a land disturbance receiving a waiver.
(2) A project may be eligible for a waiver of stormwater management for water quantity control if the applicant can demonstrate that:
(a) The proposed project will have no significant adverse impact on the receiving natural waterway or downstream properties; or
(b) The imposition of peak control requirements for rates of stormwater runoff would aggravate downstream flooding.
(B) Variances.
(1) The Board of Zoning Appeals (BZA) may, upon application to it and showing of undue hardship, grant variance and exception to any of the provisions of this chapter, providing such variance or exception is in harmony with the general purpose and intent of this chapter. A written request for variance shall be provided to the BZA and shall state the specific variance(s) sought and the reason(s) with supporting data for their granting. The BZA may request and consider the opinion of the Environmental Management Administrator before deciding upon any variance.
(2) In any event, the conditions and criteria for granting an appeal or variance request regarding property within the identified floodplain or floodway shall be as outlined in 44 Code of Federal Regulations Chapter 1, Section 60.6 (Latest edition), based on a showing of all of the following:
(a) Good and sufficient cause;
(b) Determination that failure to grant variance would result in exceptional hardship to the applicant;
(c) A determination that the granting of a variance will not result in increase flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of public, or conflict with existing local or ordinances; and
(d) A variance is the minimum necessary, considering the flood hazard, to afford relief.
(Am. Ord. 06-21-05, passed 6-15-2006)