Section 12A-241 Variances by the director.

    (a)    The director may grant a variance or waiver for the following:

    (1)    Projects or activities serving a public need where no feasible alternative is available.

    (2)    The repair and maintenance of public improvements where avoidance and minimization of adverse impacts to wetlands and associated aquatic ecosystems have been addressed.

    (b)    The applicant shall submit a written request for a variance or waiver to the director.  The application shall include specific reasons justifying the variance and any other information necessary to evaluate the proposed variance.  The director 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.

    (c)    In granting a request for a variance, the 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. No. 19343, § 1, 1-2-07)


(Ord. 19343, Added, 01/02/2007)