(A) This chapter shall apply to all proposed development except for that development which, prior to the effective date of this chapter:
(1) Is covered by a valid, unexpired plat in accordance with development regulations;
(2) Is covered by a current, executed public works agreement;
(3) Is covered by a valid, unexpired building permit;
(4) Has been accepted to apply for a building permit; or
(5) Has been granted a waiver in accordance with current development regulations.
(B) The Public Services Director may grant a variance for the following:
(1) Those projects or activities where it can be demonstrated that strict compliance with the chapter would result in practical difficulty or financial hardship;
(2) Those projects or activities serving a public need where no feasible alternative is available;
(3) The repair and maintenance of public improvements where avoidance and minimization of adverse impacts to non-tidal wetlands and associated aquatic ecosystems have been addressed; or
(4) For those developments which have had buffers applied in conformance with previously issued requirements.
(C) (1) Waivers for development may also be granted by the following condition, if deemed appropriate by the Director:
(2) The buffer width may be relaxed and the buffer permitted to become narrower at some points as long as the average width of the buffer meets the minimum requirement. This averaging of the buffer may be used to allow for the presence of an existing structure or to recover a lost lot, as long as the streamside zone (zone 1) is not disturbed by the narrowing and no new structures are built within the 100-year floodplain.
(D) The applicant shall submit a written request for a variance to the Public Services Director. The application shall include specific reasons justifying the variance and any other information necessary to evaluate the proposed variance request. The agency may require an alternatives analysis that clearly demonstrates that no other feasible alternatives exist and that minimal impact will occur as a result of the project or development.
(E) In granting a request for a variance, the Public Services Director may require site design, landscape planting, fencing, the placement of signs and the establishment of water quality best management practices in order to reduce adverse impacts on water quality, streams, wetlands, and floodplains.
(Ord. passed 8-13-03)