§ 5-1-96. Adaptations for materials.

(a)

Limited adaptations, as set forth below, may be approved by the Director of Department of Transportation and Environmental Services or his designee. Applications for adaptation from the requirements shall be submitted to the Department of Transportation and Environmental Services on city forms. An adaptation may be allowed where compliance with the ordinance would result in unnecessary hardship to the applicant and the need for adaptation would not be shared generally by other applicants, provided such an adaptation is not contrary to the intended spirit and purpose of this article and would result in substantial justice being done. All adaptations are to be construed as temporary, for a period not to exceed one year, and shall be considered withdrawn on the first to occur of (a) a change in the condition(s) which prompted the adaptation, or (b) the expiration of the time period granted in the adaptation. Should an adaptation be withdrawn because the time period has expired, and applicant may apply for renewal of the adaptation. Application forms will be available online at: www.alexandriava.gov. Applications are evaluated against the following criteria:

1.

Incompatibility of compliance with the requirements of this article and compliance with other City of Alexandria ordinances or other laws;

2.

Unavailability of collectors or acceptors (defined as licensed haulers of recyclable materials or intermediate or final processors of recyclable materials) for one or more of the required recyclable materials.

3.

Unavailability of on-site space for the preparation and temporary storage of one or more of the required recyclable materials;

4.

Extreme disparity between the applicant's cost of recycling one or more of the required recyclable material(s); or

5.

Negligible generation rates of one or more of the required recyclable materials.

The Director of the Department of Transportation and Environmental Services or his designee will consider these criteria in evaluating the application and will consider the compliance rate, implementation plans, and recycling programs of similar businesses in the City of Alexandria. The Director of Department of Transportation & Environmental Services or his designee will prepare a report on the applicant's property.

(b)

After reviewing the information described above, the Director of the Department of Transportation and Environmental Services or his designee will take one of the following actions:

1.

Grant an adaptation that requires the applicant to recycle alternative materials identified by the Department of Transportation and Environmental Services;

2.

Grant an adaptation that reduces the number of types of materials required to be recycled; or

3.

Deny the request for adaptation. (Ord. No. 4438, 2/25/06, Sec. 1)