§ 1-21. Variances.

A.

The Administrator may grant variances to the technical requirements of sections 1-10 through 1-19 and 1-22 through 1-27, provided that:

1.

The variance is the minimum necessary to afford relief;

2.

Reasonable and appropriate conditions are imposed so that the intent of the Act, the Regulations, and this Ordinance are preserved;

3.

Granting the variance will not confer any special privileges that are denied in other similar circumstances;

4.

Variance requests are not based upon conditions or circumstances that are self-imposed or self-created;

5.

The variance will not substantially increase the flow rate of stormwater runoff;

6.

The variance will not have an adverse impact on a wetland, channel, water body or upstream or downstream of a receiving body of water;

7.

The variance will not contribute to the degradation of water quality;

8.

Will not be of substantial detriment to adjacent property or adversely affect the character of adjoining neighborhoods;

9.

Economic hardship alone is not sufficient reason to grant a variance from the requirements of this Ordinance;

10.

No variance to the requirement that the land-disturbing activity obtain required VSMP authority permit shall be given by the Administrator, nor shall the Administrator approve the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse Website, or any other control measure not duly approved by the Department of Environmental Quality; and

11.

No variance to requirements for phosphorus reductions shall be allowed unless offsite options otherwise permitted pursuant to 9VAC25-870-69 have been considered and found not available.

B.

The Administrator may grant variances to the City requirements of this Ordinance, provided that:

1.

The variance does not involve any requirements imposed under the State Code or Regulations; and

2.

Reasonable and appropriate conditions may be imposed so that the intent of the Act, the Regulations and this Ordinance are preserved.

C.

Nothing in this section shall preclude an operator from constructing to a more stringent standard at their discretion.

(Ord. No. 3337, 4-22-14, eff. 7-1-14)

(Ord. No. 3337, 4-22-14, eff. 7-1-14)