16.26.080 Adjustments and variances.
A. Adjustments (minor changes) to the requirements of this section, except the minimum requirements, may be granted by the Director through a Level 1 process in accordance with IMC 18.204.030; provided, that a written finding of fact is prepared, showing compliance with the following criteria:
1. The adjustment provides substantially equivalent environmental protection; and
2. Based on sound engineering practices, the objectives of safety, function, environmental protection and facility maintenance are met.
B. Variances (major and substantial changes) to the minimum requirements may be granted by the City following legal public notice of an application for an exception or variance, legal public notice of the City’s decision on the application, and written findings of fact that document the City determination to grant an exception. Request for variance is a Level 3 review process as provided in IMC 18.204.030 and Chapter 18.210 IMC.
C. The City may grant an exception to the minimum requirements if such application imposes a severe and unexpected economic hardship. To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the permittee must consider and document with written findings of fact the following:
1. The current (pre-project) use of the site; and
2. 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
3. The possible remaining uses of the site if the exception were not granted; and
4. The uses of the site that would have been allowed prior to the adoption of the minimum requirements; and
5. 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
6. The feasibility for the owner to alter the project to apply the minimum requirements.
7. In addition any exception must meet the following criteria:
a. The exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the State; and
b. The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.
D. Conditions may be imposed upon the granting of any adjustment or variance. Unless otherwise specified, the granting of an adjustment or variance shall be subject to all plans, specifications and conditions set forth in the application. (Ord. 3023 §§ 24, 25, 2023; Ord. 2783 § 3 (Exh. A3), 2016; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).