Duluth UDC § 1028.11

1. Standards for Approval. The Director or his/her designee may grant a waiver from the requirements of this Code Division if exceptional circumstances applicable to a site or premises exist such that strict adherence to the provisions of this Code Division will result in unnecessary hardship and will not fulfill the intent of the Code Division. Specifically, such waivers may be granted in such individual cases of unnecessary hardship upon a finding by the Director or his/her designee that: a. There are extraordinary and exceptional conditions pertaining to the particular site in question; and 293 | P a g e Article Ten. Erosion Control and Stormwater Management b. The waiver is the minimum necessary, considering the impact on upstream and downstream properties; and c. The application of the Code Division to this particular site would create an unnecessary hardship; and d. Such conditions are peculiar to the particular site involved; and e. Such conditions are not the result of any actions of the site owner; and f. Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this Code Division; and g. No variance may be granted for a site for any discharge that is prohibited by this Code Division or which would result in a deterioration of quality of stormwater from a site greater than would otherwise be allowed if no variance were involved. 2. Waiver Procedures. a. A written request for a waiver shall be required and shall state the specific waiver sought and the reasons, with supporting data, that a waiver should be granted. The request shall include all information necessary to evaluate the proposed wavier. b. The Director or his/her designee will conduct a review of the request for a waiver within 30 working days of receiving the request. 294 | P a g e Article Eleven. Procedures and Permits