14.24.076 Exceptions.
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The City may grant Exceptions to Minimum Requirement #2 under this section.
A. Exception Approval Process.
1. Stormwater Permit procedural requirements. Exceptions to Minimum Requirement #2 may be granted by the City, as Permittee, following legal public notice of an application for an exception or variance, legal public notice of the City’s decision on the application, and written findings of fact that documents the City’s determination to grant an exception. The City shall keep records, including the written findings of fact, of all local exceptions to the Minimum Requirements. Project-specific design exceptions based on site-specific conditions do not require prior approval of the Washington State Department of Ecology.
2. City process. Applications for Exceptions shall be processed according to the procedures for Type III applications under VMC 20.210.060. A fee shall be imposed in the amount of the fee for a Type III variance as established under VMC 20.180.060. The Hearings Examiner may grant an Exception upon demonstration by the applicant of compliance with the approval criteria contained in Subsection B below. Hearings under VMC 14.24.076 relating to Exceptions shall be consolidated with any open record hearing related to the underlying new development or redevelopment application, where such open record hearing is required.
B. Exception Approval Criteria. The City may grant exceptions to Minimum Requirement #2 if application of the Minimum Requirement imposes a severe and unexpected economic hardship on a project applicant.
1. The following must be documented with written findings of fact:
a. The current (pre-project) use of the site, and
b. 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
c. The possible remaining uses of the site if the exception were not granted; and
d. The uses of the site that would have been allowed prior to the adoption of the Minimum Requirements; and
e. 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
f. The feasibility for the owner to alter the project to apply the Minimum Requirements.
2. In addition any exception must meet the following criteria:
a. 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
b. The exception is the least possible exception that could be granted to comply with the intent of the Minimum Requirements. This criteria is met by evidence that the owner/operator has employed measures to avoid and minimize impacts, such as:
1. limiting the degree or magnitude of the regulated use or activity;
2. implementing best management practices;
3. phasing or limiting implementation;
4. changing the timing of activities; or
5. revising site plans. (Ord. M-4179 §30, 2016; Ord. M-4022 §57, 2012; Ord. M-3920 §2, 2009)
Code reviser’s note: ACM 03/13/2013, Correction to Ord. M-3920.