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(1) Design deviation and variances from the requirements in the Design and Construction Standards may be granted by the Public Works Director or his assignee, pursuant to the process outlined in Chapter 1 of the Design and Construction Standards. All requests for design deviation and variances are subject to the fees as set forth in the current fee resolution.

(2) Design deviation and variances shall be approved prior to issuance of any construction permits for the project and reviewed as follows:

(a) A design deviation shall be processed as a Type 1 decision in accordance with Chapter 14.30 CMC.

(b) A design variance shall be processed as a Type 2 decision in accordance with Chapter 14.30 CMC.

(3) Appeals of a design deviation or variance shall be in accordance with Chapter 14.45 CMC. (Ord. 22-20 § 2 (Exh. A); Ord. 27-16 § 8; Ord. 20-07 § 27; Ord. 6-05 § 1; Ord. 23-04 § 1; Ord. 38-02 § 2 (12.42.060))