The Planning Director shall approve, conditionally approve, or deny applications for waivers based on the standards and limitations of the requirements of this chapter and the following procedures.
(A) An application for a waiver shall be filed and processed on a form provided by planning staff accompanied by the required fee. In addition to any other application requirements, the application for a waiver shall include data or other evidence explaining why the findings necessary to grant the waiver, set forth below, are satisfied.
(B) An application for a waiver based on a request for a reasonable accommodation to ensure access to housing may include a request to exceed the limits in § 17.044.090. The Planning Director shall issue a written decision within 45 days of the date the application for a reasonable accommodation is deemed complete, and may grant the reasonable accommodation request, grant with modifications, or deny the request. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.
(C) If a request for waiver is being submitted in conjunction with an application for another approval, permit, or entitlement under this title, it shall be heard and acted upon at the same time and in the same manner as that application.
(D) A decision to grant a waiver shall be based on the following findings:
(1) The waiver is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance;
(2) There are no alternatives to the requested waiver that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public;
(3) The granting of the requested waiver will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this title; and
(4) If the waiver requested is to provide reasonable accommodation pursuant to state or federal law, the Planning Director shall also make one or more of the following findings in addition to any other findings that this title requires:
(a) That the housing or other property that is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection;
(b) If the request for accommodation is to provide fair access to housing, that the request for accommodation is necessary to make specific housing available to an individual protected under State or federal law;
(c) That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and
(d) That denial of the requested waiver would impose a substantial burden on religious exercise or would conflict with any State or federal statute requiring reasonable accommodation to provide access to housing.
(E) The Planning Director has the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the General Plan, any applicable master plan or precise plan, and this title are met. The Planning Director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Waivers approved based on state or federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.
(Ord. 885, passed 11-1-2023)