11-1-5: REASONABLE USE EXCEPTION:

   A.   Allowing Exception: If the application of this chapter would deny all reasonable use of the property, development may be allowed which is consistent with the general purposes of this chapter and the public interest.

   B.   Application For Exception: An application for a critical areas reasonable use exception shall be filed with the city and shall be heard by the planning commission who shall seek legal advice from and consult with the city attorney. The planning commission shall make a recommendation to the city council, and the council shall issue a final decision.

   C.   Determination; Conditions: The planning commission, in recommending approval of the reasonable use exception, and the city council in acting upon said recommendation, must determine that:

      1.   Application of this title would deny all reasonable use of the property; and

      2.   There is no other reasonable use with less impact on the critical area; and

      3.   The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site; and

      4.   Any alterations permitted to these critical areas shall be the minimum necessary to allow for reasonable use of the property.

   D.   Alterations: Any authorized alteration of a critical area under this section shall be subject to conditions established by the city of Orting and shall require mitigation under an approved mitigation plan. (1973 Code § 15.12.030)

11-1-6: MAPS AND INVENTORIES:

   A.   Map Folio: The approximate location and extent of critical areas in the city are shown on a series of maps, hereinafter known as the "map folio". These maps shall be used to alert the public and city officials of the potential presence of critical areas; boundaries are generalized. The actual type, extent, and boundaries of critical areas shall be determined in the field by a qualified consultant according to the procedures, definitions, and criteria established by this chapter.

   B.   Criteria And Standards Prevail: In the event of any conflict between the critical area location or designation shown on the city's maps and the criteria or standards of this chapter, the criteria and standards shall prevail.

   C.   Changes In Map Folio: The initial map folio shall consist of the maps in appendix A. Authority is hereby delegated to the city administrator to subsequently effect such changes in the map folio as appropriate in the light of changed circumstances or newly acquired information. (1973 Code § 15.12.040)

11-1-7: RELATIONSHIP TO OTHER REGULATIONS:

   A.   These critical area regulations shall apply as an overlay and in addition to zoning, land use and other regulations established by the city. In the event of any conflict between these regulations and any other regulations of the city, the regulations that provide greater protection to environmentally critical areas shall apply.

   B.   Areas characterized by particular critical areas may also be subject to other regulations established by this chapter due to overlap or multiple functions of some critical resources or critical areas. Wetlands, for example, may be defined and regulated according to the wetland and habitat provisions of this title. In the event of any conflict between regulations for any particular critical areas in this title, the regulations which provide greater protection to environmentally critical areas shall apply. (1973 Code § 15.12.050)

11-1-8: VARIANCES:

Variances from the standards of this title may be authorized by the city council in accordance with the procedures set forth in title 13 of this code, zoning. In granting such a variance, the city council, after review and recommendation by the planning commission, shall find:

   A.   Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, or the size or nature of the critical area, the strict application of this title would deprive the property owner of reasonable use of their property;

   B.   The granting of the variance is the minimum necessary to accommodate the development proposal and will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is situated, or contrary to the goals and purposes of this title. (1973 Code § 15.28.010)