13.46.390 Exceptions/variances.
A. The city may grant an adjustment or exception (variance) from the requirements of this chapter in accordance with the provisions of this section. In granting any modification, the city may prescribe conditions that are deemed necessary or desirable for the public interest.
B. Adjustments to the minimum requirements may be granted; provided, that a written finding of fact is prepared that addresses the following:
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.
C. Exceptions to the minimum requirements may be granted prior to permit approval and construction following legal public notice of an application for exception or variance, legal public notice of the decision of the application, and a written finding of fact is prepared that documents the determination to grant the exception. An application for exception must address the following:
1. The exception provides equivalent environmental protection and is in the overriding public interest; and that the objective of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met;
2. That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made;
3. That the granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and
4. The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.
D. Prior Approval. Any adjustment or exception shall be approved prior to permit approval and construction.
E. An exception may be granted by the city upon determination that the application of such requirements imposes a severe and unexpected economic hardship. The following documentation shall be provided by the project applicant to determine whether the application imposes a severe economic hardship:
1. The current (preproject) 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 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.
F. In addition, any exception must meet the following criteria:
1. The exception will not increase the 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
2. The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.
G. Duration of Exception. As applicable, the city shall specify the duration of an exception at the time of approval.
H. Right of Appeal. All determinations of the city shall be final and conclusive, unless within thirty days of the date of the city determination the original applicant or an adverse party gives written notice to the city council for review of the action. (Ord. 1032-10 § 2).