§ 17.94.190. Exceptions, variances and adjustments.

A.

Exceptions/variances (exceptions) to the stormwater development minimum requirements may be granted by the Director of Community and Economic Development following legal public notice of an application for an exception or variance, legal public notice of the Director's decision on the application, and written findings of fact that documents the Director's determination to grant an exception.

The Director may grant an exception to stormwater development 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 applicant must provide written documentation considering 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.

B.

The Director shall consider and document with findings of fact the applicant's request. In addition the Director shall determine and document the exception meets the following criteria: 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 the exception is the least possible exception that could be granted to comply with the intent of the stormwater development minimum requirements.

C.

Adjustments to the minimum requirements may be granted by the Director provided that a written finding of fact is prepared, that addresses the following:

1.

The adjustment provides substantially equivalent environmental protection.

2.

Based on sound engineering practices, the objectives of safety, function, environmental protection and facility maintenance, are met.

(Ord. 3568 § 2, 12/20/2016)