§ 15-350. Variance and waiver.

(a)

Generally.

(1)

Variances. An application for variance from the requirements of this article shall be made to the environmental protection officer. At a minimum, the applicant shall identify the sections and paragraphs of this article from which the applicant seeks a variance and the extent of the requested variance. The applicant shall also describe (1) how strict compliance with the provisions from which a variance is sought would impose a unique and unnecessary hardship on the applicant-the hardship cannot be self-imposed; and (2) the effect of the proposed variance on abutting shoreline owners. The environmental protection officer, environmental protection commission and the board may require of the applicant information necessary to carry out the purposes of this article. A variance application may receive an approval or approval with conditions when such variance: (1) would not be contrary to the public interest; (2) where, owing to special conditions, compliance with the provisions herein would impose an unnecessary hardship on the permit applicant; (3) that the hardship is not self-imposed; and (4) the granting of the variance would not be contrary to the intent and purpose of this article.

(i)

The environmental protection officer may approve variances to the provisions of this ordinance to accommodate persons with disabilities or to comply with the Americans with Disabilities Act.

(ii)

The environmental protection officer may approve variances to the provisions of this article in order to provide greater protection to the water bodies and shorelines than provided under this article.

(iii)

Applicants may seek variances from the provisions of the ordinance not addressed in paragraphs (i) and (ii) above from the environmental protection commission.

(2)

Waivers. An application for waivers from the requirements of sections 15-342(b), 15-343(b), 15-344(a) and 15-345(a) shall be made to the environmental protection officer. At a minimum, the applicant shall identify the sections and paragraphs of this article from which the applicant seeks a waiver and the extent of the requested waiver. The applicant shall also describe (1) how this waiver would not negatively impact the environment, and (2) the effect of the proposed waiver on abutting shoreline owners. The environmental protection officer and the board may require of the applicant information necessary to carry out the purposes of this article.

(b)

Procedure. Except as otherwise provided in section 15-343(b), the environmental protection officer shall make a recommendation to approve, deny, or approve with conditions a variance or waiver application to the environmental protection commission. The environmental protection commission shall render to the board a recommendation to approve, approve with conditions, or deny the variance or waiver application. The recommendation of the environmental protection commission shall be provided to the board within twenty-one (21) days, provided that if no meeting is scheduled within the twenty-one day period, then the recommendation shall be presented at the first meeting of the board following the expiration of the 21-day period. The board may accept the recommendation or call for a public hearing.

(Ord. No. 2004-08, § 2, 5-18-04)