§ 76-63. Exceptions and waivers.

(a)

General. Where the director of public works finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, they may approve exceptions and waivers to these regulations so that substantial justice may be done and the public interest secured, provided the exception or waiver shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the director of public works shall not approve exceptions and waivers unless they shall make findings based upon the evidence presented to it that all of the following conditions are met by the petitioner.

(1)

The granting of the exception or waiver will not be detrimental to the public safety, health, or welfare or injurious to other property;

(2)

The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property;

(3)

Because of the location or conditions affecting the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out;

(4)

The relief sought will not materially alter the provisions of any existing regional stormwater management plan except that this document may be amended in the manner prescribed by law.

(5)

The granting of the exception or waiver will not result in a violation of state or federal laws or permits.

(b)

Conditions. In approving exceptions or waivers, the director of public works may require such conditions as will in his/her judgment secure substantially the purposes described in this article and accompanying written stormwater management and erosion control requirements.

(c)

Procedures. A petition for an exception or waiver shall be submitted in writing by the responsible party at the time when the development is filed for the consideration of the director of public works. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.

(Ord. No. 844-17, § 1, 10-9-2017)