17A.10.180 Variances.
A. Purpose. The purpose of this Section is to provide a means of altering the requirements of this Title in specific instances where the strict application of those requirements would deprive a property of privileges enjoyed by other properties because of special features or constraints unique to the property involved.
B. Granting of Variances. The Director shall have the authority to grant a Variance from the provisions of this Title, when, in the opinion of the Director, the conditions as set forth in subsection C of this Section have been met. In such cases, a Variance may be granted which is in harmony with the general purpose and intent of this Title so that the spirit of this Title shall be observed, public safety and welfare secured, and substantial justice done.
C. Required Showings (Findings) for a Variance. Before any Variance may be granted, it shall be shown:
1. Said requirements impose a severe and unexpected economic hardship on the project applicant, and further, the following has been considered and documented with written findings:
a. The current (pre-project) use of the site; and
b. How the application of the minimum requirement(s) restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements; and
c. The possible remaining uses of the site if the exception were not granted; and
d. The uses of the site that would have been allowed prior to the adoption of the minimum requirements; and
e. A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements; and
f. The feasibility for the owner to alter the project to apply the minimum requirements.
2. The exception will not increase risk to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to quality of waters of the State; and
3. The exception is the least possible exception that could be granted to comply with the intent of the Minimum Requirements.
D. Conditions on Variances. When granting a Variance, the Director shall determine that the circumstances do exist as required by subsection C of this Section, and attach specific conditions to the Variance which will serve to accomplish the standards, criteria, and policies established by this Title.