Chapter 18.12B
RESOURCE LANDS/CRITICAL AREAS – WETLANDS
Sections:
18.12B.010 Permitted uses and activities.
18.12B.020 Identification and rating.
18.12B.033 Criteria for wetland alterations.
18.12B.035 Wetland management and mitigation plan.
18.12B.040 Application requirements.
18.12B.060 Specific standards.
18.12B.080 Action on variances.
18.12B.010 Permitted uses and activities.
Uses and activities allowed within designated wetlands or associated wetland buffers are those uses permitted by the Douglas County Regional Shoreline Master Program and the applicable zoning district, subject to the provisions of this chapter. (Ord. 08-02 § 3, 2008)
18.12B.020 Identification and rating.
A. All wetlands shall be identified and delineated in East Wenatchee to reflect the relative function, value and uniqueness of the wetland using the Washington State Wetlands Identification and Delineation Manual (WDOE, March 1997, as amended); in conjunction with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1987, as amended); and the U.S. Army Corps of Engineers (2006), Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region. Wetlands Regulatory Assistance program, Environmental Lab ERDC/EL TRT-06-16, as amended.
B. The following information sources should be used as guidance in identifying the presence of wetlands and the subsequent need for a wetland delineation study:
1. Hydric soils, soils with significant soil inclusions, and “wet spots” identified within the Douglas County soil survey;
2. National Wetlands Inventory;
3. Previous wetland rating evaluation; and
4. On-site inspection.
C. The exact location of the wetland boundary shall be determined by the applicant through the performance of a field investigation applying the wetland definition provided in EWMC 18.12.180(134). A qualified professional shall perform wetland delineations using the Washington State Identification and Delineation Manual. The wetland boundary shall be field staked by the biologist or qualified professional and surveyed by a land surveyor for disclosure on all major subdivision, short plat or binding site plan, maps, etc.
D. The administrator may waive the requirement for the survey for development if:
1. The proposed development is not within 300 feet of the associated wetlands; and
2. There is adequate information available on the area proposed for development to determine the impacts of the proposed development and appropriate mitigating measures.
E. The wetland boundary and any associated buffer area shall be identified on all major subdivision, short plat or binding site plans, maps, plans and specifications submitted for the project.
F. The following system shall be used to rate, establish and administer buffer widths, and replacement ratios for wetlands. For a detailed explanation of this system, refer to Washington State Wetlands Rating System for Eastern Washington – Revised (WDOE 04-06-015, as amended).
1. “Category I wetlands” can be described as the premium wetlands. Generally, these wetlands are not common and would make up a small percentage of the wetlands in the state. These are wetlands that: (a) are very valuable for a particular rare animal species; (b) represent a high quality example of a rare wetland type; (c) are a rare habitat type within a given region; or (d) provide irreplaceable functions and values which are impossible to replace within a human lifetime.
2. “Category II wetlands” occur more commonly than Category I wetlands. They can be described as those wetlands that: (a) provide habitat for very sensitive or important wildlife or plants; (b) are either difficult to replace; or (c) provide very high functions and values, particularly for wildlife habitat.
3. “Category III wetlands” occur more frequently throughout the state than do Category I and Category II wetlands. Generally these wetlands will be smaller, less diverse and/or more isolated than Category II wetlands. These wetlands also provide important functions and values and are important for a variety of wildlife species. These wetlands would be difficult to replace.
4. “Category IV wetlands” are smaller, more isolated and have less diverse vegetation than the other wetland categories. These wetlands do have important values and function, but could be replaced.
5. Wetland rating categories shall be applied as the wetland exists on the date of adoption of the ordinance codified in this chapter; as the wetland may naturally change thereafter; or as the wetland may change in accordance with permitted activities. Wetland ratings shall not be altered to recognize illegal modifications.
G. An evaluation of any unrated wetland is necessary when there is a proposed development or activity to be located adjacent to, or within an area containing, a wetland. (Ord. 08-02 § 3, 2008)
18.12B.030 Designation.
Sites classified in accordance with the provisions of EWMC 18.12B.020 are designated as wetlands. (Ord. 08-02 § 3, 2008)
18.12B.033 Criteria for wetland alterations.
A. Uses and activities may only be allowed in a wetland or wetland buffer if the applicant can show that the proposed activity will not degrade the functions, values, and functional performance of the wetland and other critical areas.
B. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided in this chapter.
C. Type I Wetlands. Activities and uses shall be prohibited in Type I wetlands, except as provided for in the public agency and utility exemptions, reasonable use exceptions, and variances sections of this chapter.
D. Type II and III Wetlands. For uses and activities proposed in Type II and III wetlands, the following standards shall apply:
1. Water-dependent activities may be allowed where there are no practicable alternatives that would have a less adverse impact on the wetland, its buffer and other critical areas.
2. Nonwater-dependent activities are prohibited unless the applicant can demonstrate that:
a. The basic project purpose cannot reasonably be accomplished and successfully avoid, or result in less adverse impact on a wetland if the project was located on another site or sites in the vicinity of the proposal; and
b. Alternative designs for the project that would avoid or minimize the potential adverse impact on the wetland or its buffer such as a reduction in the size, scope, or density change in configuration are not feasible.
E. Type IV Wetlands. Activities and uses that result in unavoidable and necessary impacts may be permitted in Type IV wetlands and associated buffers in accordance with an approved critical area report and mitigation plan, and only if the proposed activity is the only reasonable alternative that will accomplish the applicant’s objective. (Ord. 08-02 § 3, 2008)
18.12B.035 Wetland management and mitigation plan.
A. A wetland management and mitigation plan shall be required when impacts associated with development within a wetland or wetland buffer are unavoidable, demonstrated by compliance with subsection (G) of this section.
B. Wetland management and mitigation plans shall be prepared by a biologist or qualified professional who is knowledgeable of wetland conditions within North Central Washington.
C. In determining the extent and type of mitigation appropriate for the development, the plan shall evaluate the ecological processes that affect and influence critical area structure, function and value within the watershed or sub-basin; the individual and cumulative effects of the action upon the functions and value of the critical area and associated watershed; and note observed or predicted trends regarding specific wetland types in the watershed, in light of natural and human processes.
D. Where compensatory mitigation is necessary, the plan should seek to implement shoreline restoration objectives identified within the Douglas County Shoreline Restoration Plan.
E. The wetland management and mitigation plan shall demonstrate, when implemented, that there will be no net loss of the ecological function and value of the wetland and buffer area.
F. The wetland management and mitigation plan shall identify how impacts from the proposed project shall be mitigated, as well as the necessary monitoring and contingency actions for the continued maintenance of the wetland and its associated buffer.
G. Mitigation Sequence. When an alteration or impact to a critical area is proposed, the applicant shall demonstrate that all reasonable efforts have been taken to mitigate impacts in the following prioritized order:
1. Avoiding the adverse impact altogether by not taking a certain action or parts of an action, or moving the action.
2. Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse impacts.
3. Rectifying the adverse impact by repairing, rehabilitating or restoring the affected environment.
4. Reducing or eliminating the adverse impact over time through preservation and maintenance operations during the life of the action.
5. Compensating for the adverse impact by replacing, enhancing, or providing similar substitute resources or environments.
6. Monitoring the impact and taking appropriate corrective measures.
Mitigation for development may include a sequenced combination of the above measures as needed to achieve the most effective protection or compensatory mitigation for critical area functions and values.
H. Mitigation ratios shall be used when impacts to wetlands and/or wetland buffers cannot be avoided. Compensatory mitigation shall restore, create, rehabilitate or enhance equivalent or greater wetland and wetland buffer functions. Mitigation shall be located on site unless the biologist can demonstrate, and the city approves, that on-site mitigation will result in a net loss of ecological function and value. If off-site mitigation measures are determined to be appropriate, off-site mitigation shall be located in the same watershed as the development, within East Wenatchee or Douglas County. The mitigation ratios (mitigation amount : disturbed area) by wetland type and buffer are:
|
Wetland Type I |
6:1 |
|
Wetland Type II |
3:1 |
|
Wetland Type III |
2:1 |
|
Wetland Type IV |
1.5:1 |
|
Wetland Buffer |
1:1 |
Mitigation within wetland buffers for diverse, high quality habitat or off-site mitigation may require a higher level of mitigation. Wetland management and mitigation plans shall evaluate the need for a higher mitigation ratio on a site by site basis, dependent upon the ecological functions provided by the buffer area. Early consultation with resource agencies is encouraged. Recommendations by resource agencies in evaluating appropriate buffer mitigation shall be considered in the development of mitigation plans.
I. The wetland management and mitigation plan shall contain a report that includes, but is not limited to, the following information:
1. Location maps, regional 1:24,000 and local 1:4,800;
2. A map or maps indicating the boundary delineation of the wetland; the width and length of all existing and proposed structures, utilities, roads, easements; wastewater and stormwater facilities; the total area anticipated to be disturbed and adjacent land uses;
3. A description of the proposed project including the nature, density and intensity of the proposed development and the associated grading, structures, utilities, etc., in sufficient detail to allow analysis of such land use change upon the identified wetland and wetland buffer;
4. A detailed description of vegetative, faunal and hydrologic conditions, soil and substrate characteristics, and topographic features within and surrounding the wetland;
5. A detailed description of vegetative, faunal and hydrologic conditions, soil and substrate characteristics, and topographic features within any compensation site;
6. A detailed description of the proposed project’s effect on the wetland and wetland buffer, and a discussion of any federal, state or local management recommendations which have been developed for the area;
7. A plan which explains how any adverse impacts created by the proposed development will be mitigated to ensure no net loss of ecological function and value. Methods may include, but are not limited to, the following techniques:
a. Establishment of buffer zones;
b. Preservation of critically important plants and trees;
c. Limitation of access to the wetland area;
d. Seasonal restriction of construction activities;
e. Establishment of a monitoring program within the plan;
f. Drainage and erosion control techniques;
g. Direct lights away from the wetland and buffer;
h. Locate facilities that generate substantial noise away from the wetland and buffer;
i. Establish covenants limiting the use of pesticides within 150 feet of the wetland;
j. Implement integrated pest management programs;
k. Post signs at the outer edge of the critical area or buffer to clearly indicate the location of the critical area according to the direction of the city;
l. Plant buffer with native vegetation appropriate for the region to create screens or barriers to noise, light, human intrusion and discourage domestic animal intrusion;
m. Use low impact development where appropriate;
8. A detailed discussion of ongoing management practices which will protect the wetland after the project site has been fully developed, including proposed monitoring, contingency, maintenance and surety programs as provided for in subsection (J) of this section.
9. A narrative which addresses EWMC subsections (A) through (H) this section.
J. The following performance standards shall apply to compensatory mitigation projects:
1. Mitigation planting survival shall be 100 percent for the first year. Any vegetation that does not survive the first year must be replaced consistent with the mitigation planting scheme. The survival rate for successive years shall be at least 80 percent.
2. Mitigation must be installed no later than the next growing season after completion of site improvements, unless otherwise approved by the administrator.
3. Where necessary, a permanent means of irrigation shall be installed for the mitigation planting that is designed by a professional experienced in the design and installation of irrigation systems. The design shall meet the specific needs of the wetland, riparian and shrub steppe vegetation, as may be applicable.
4. A program outlining the approach for monitoring mitigation planting and for assessing a completed project shall be provided. Monitoring reports by the biologist must include verification that the planting areas have less than 20 percent total nonnative/invasive plant cover consisting of exotic and/or invasive species. Exotic and invasive species may include any species on the state noxious weed list which may be referenced on the web at www.wa.gov/agr and www.nwcb.wa.gov, or considered a noxious or problem weed by the Natural Conservation Services Department or local conservation districts.
5. A protocol shall be included in the monitoring program outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted annually, at a minimum, documenting milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five years. Monitoring reports shall be submitted by a biologist or qualified professional, as defined by this code. The biologist or qualified professional must verify that the conditions of approval and provisions in the wetland management and mitigation plan have been satisfied.
6. Mitigation sites shall be maintained to ensure that the mitigation and management plan objectives are successful. Maintenance shall include corrective actions to rectify problems, include rigorous, as-needed elimination of undesirable plants; protection of shrubs and small trees from competition by grasses and herbaceous plants, and repair and replacement of any dead plants.
7. Prior to site development and/or building permit issuance, a performance surety agreement in conformance with EWMC 18.12.080 must be entered into by the property owner and the city of East Wenatchee. The surety agreement must include the complete costs for the mitigation and monitoring which may include, but not be limited to: the cost of installation, delivery, plant material, soil amendments, permanent irrigation, seed mix, and three monitoring visits and reports by a biologist or qualified professional, including Washington State sales tax. East Wenatchee must approve the estimate for said improvements.
8. Sequential release of funds associated with the surety agreement shall be reviewed for conformance with the conditions of approval and the mitigation and management plan. Release of funds may occur in increments of one-third for substantial conformance with the plan and conditions of approval. If the standards that are not met are only minimally out of compliance and contingency actions are actively being pursued by the property owner to bring the project into compliance, the city may choose to consider a partial release of the scheduled increment. Noncompliance can result in one or more of the following actions: carry over of the surety amount to the next review period; use of funds to remedy the nonconformance; scheduling a hearing with the East Wenatchee hearing body to review conformance with the conditions of approval and to determine what actions may be appropriate. (Ord. 08-02 § 3, 2008)
18.12B.040 Application requirements.
Development permit applications shall provide appropriate information on forms provided by the review authority, including without limitation the information described in subsections A and B of this section. Additional reports or information to identify potential impacts and mitigation measures to wetlands may be required if deemed necessary.
Development within a wetland or its buffer shall provide the following information:
A. Wetland boundary survey and rating evaluation pursuant to EWMC 18.12B.020;
B. Wetland management and mitigation plan pursuant to EWMC 18.12B.035. (Ord. 08-02 § 3, 2008)
18.12B.050 General standards.
The following minimum standards shall apply to all development activities occurring within designated wetlands and/or their buffers:
A. Use of Wetlands and Buffers. Wetlands and wetland buffers will be left undisturbed, unless the development proposal demonstrates that impacts to the wetland and/or buffer are unavoidable, demonstrated by compliance with EWMC 18.12B.035(G). Impacts must be addressed with appropriate mitigation and enhancement measures as determined on a site-specific basis in conformance with EWMC 18.12B.035.
B. Buffers. Appropriate buffer areas shall be maintained between all permitted uses and activities and the designated wetland. Provisions to identify the type of wetland and delineate its boundary are established in EWMC 18.12B.020, and must be conducted by a biologist or qualified professional.
1. The width of a wetland buffer, as measured from the wetland edge established in the approved wetland boundary survey, shall be as follows:
|
Wetland Type I |
150 feet |
|
Wetland Type II |
100 feet |
|
Wetland Type III |
75 feet |
|
Wetland Type IV |
50 feet |
2. Where a wetland is located within a riparian buffer, the buffer width, riparian or wetland, which provides the greatest degree of protection, shall apply.
3. All buffers shall be measured from the wetland edge, as established by the approved wetland boundary survey.
4. All buffer areas shall be temporarily fenced between the construction activity and the buffer with a highly visible and durable protective barrier during construction to prevent access and protect the designated wetland and associated buffer. The review authority may waive this requirement if an alternative to fencing which achieves the same objective is proposed and approved.
5. Except as otherwise allowed, buffers shall be retained in their natural condition. Any habitat created, restored or enhanced as compensation for approved wetland alterations shall have the standard buffer required for the category of the created, restored or enhanced wetland.
6. Land divisions within designated wetland areas shall require a minimum lot frontage along the protective buffer or shoreline as outlined in the Douglas County Regional Shoreline Master Program.
C. Increased Buffer Widths. The width of the buffer may be increased by the review authority for a development project on a case-by-case basis when a larger buffer is necessary to protect the designated wetland function and value. The determination shall be based on site-specific and project-related conditions which include, without limitation:
1. The designated wetland is used for feeding, nesting and resting by species proposed or listed by the federal or state government as endangered, threatened, sensitive, candidate, monitor or critical; or if it is outstanding potential habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees;
2. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse wetland impacts;
3. The proposed development adjacent to the designated wetland would be a high intensity land use.
D. General Standards for Wetland Decisions. Approval of modifications to buffers as provided in subsections E, F, and G of this section shall only be granted if, as conditioned, the decision is consistent with the provisions of this chapter including the following:
1. A proposed action avoids adverse impacts to regulated wetlands or their buffers or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts;
2. The proposed activity results in no net loss to the function and value of the wetland;
3. Denial of a permit would cause an extraordinary hardship on the applicant.
E. Buffer Width Averaging. Standard buffer widths may be modified by the review authority for a development proposal by averaging buffer widths based on a report submitted by the applicant and prepared by a qualified professional approved by the administrator. Buffer width averaging shall only be allowed where the applicant demonstrates all of the following:
1. Averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property;
2. The designated wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation;
3. The width averaging shall not adversely impact the designated wetland’s functional value;
4. The total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging;
5. The minimum buffer width of a Category I or II wetland shall not be reduced by more than 25 percent of the widths established under subsection B of this section; or 75 feet, whichever is greater;
6. The minimum buffer width of a Category III or IV wetland shall not be reduced by more than 50 percent of the widths established under section B of this section; or 50 feet, whichever is greater;
7. The wetland buffer has not been reduced under any other provisions of this chapter; and
8. The variation of buffer widths on a site, via buffer width averaging, must be supported by best available science as demonstrated by the submittal and approval of a wetland management and mitigation plan in conformance with EWMC 18.12B.035.
F. Reduced Buffer Width. The administrator shall have the authority to reduce buffer widths on a case-by-case basis; provided, that the general standards for avoidance and minimization per EWMC 18.12B.035(G) shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all of the following criteria have been met:
1. The buffer reduction shall not result in a net loss of function and value of the wetland or wetland buffer.
2. The maximum buffer width reduction allowed shall not exceed 25 percent.
3. The buffer width reduction is contingent upon the submittal and approval of a wetland management and mitigation plan in conformance with EWMC 18.12B.035.
G. Common Line Buffer. A common line wetland buffer may be utilized for the development of a single-family residence on an undeveloped lot, where the lot is located adjacent to existing residential dwelling units on both adjacent shoreline lots. The common line buffer shall be determined by averaging the wetland buffers, as measured landward from the delineated wetland boundary, for each of the adjacent residential dwelling units on the shoreline.
1. Common line buffers shall apply when the width of the undeveloped lot is less than 150 feet;
2. Common line buffers shall not apply when:
a. The elevation of adjacent structures on adjacent lots is 15 feet higher or lower from the natural grade on the vacant center lot.
b. One of the adjacent lots is undeveloped.
c. Either of the adjacent lots has been developed since December 1, 2007.
d. A mitigation and management plan prepared by a biologist or qualified professional shall be submitted and approved which demonstrates no net loss of ecological function and value for the site in conformance with EWMC 18.12B.035.
H. Front Yard Setback Reduction. The administrator shall have the authority to reduce front yard setback standards associated with a public or private roadway, where such a reduction is necessary to avoid or minimize impacts to a wetland or buffer. In no case shall the reduction result in a front yard setback of less than 15 feet. The applicant must demonstrate to the administrator that the following criteria have been met:
1. The reduction in the front yard setback shall be the minimum necessary to address a hardship to the property owner caused by circumstances unique to the property.
2. The standards for avoidance and minimization have been addressed consistent with the provisions of EWMC 18.12B.035(G).
3. The administrator may require the applicant to retain an engineer to verify that the setback reduction will not adversely affect the public safety, where sight distance, roadway speeds, or site topography may be an issue.
4. Vehicular parking and access shall be designed such that no vehicle shall back directly into the road right-of-way, and allow for vehicles to be completely out of structures before entering the road right-of-way. (Ord. 08-02 § 3, 2008)
18.12B.060 Specific standards.
The following standards shall apply to the activity identified below, in addition to the general standards outlined in EWMC 18.12B.050:
A. Docks. Construction of a dock, pier, moorage, float or launch facility may be authorized subject to the following standards:
1. The dock/facility shall be in substantial conformance with the Douglas County Regional Shoreline Master Program;
2. The dock/facility and landward access shall not significantly alter the existing wetland or buffer vegetation; and
3. For all land divisions, dock/facilities shall be designed, designated and constructed for joint use.
B. Road Repair and Construction. When no other practical alternative exists, public or private road repair, maintenance, expansion or construction may be authorized within a wetland buffer, subject to the following minimum standards:
1. The road shall serve multiple properties;
2. No significant adverse impacts to the designated wetland or buffer area shall result from the repair, maintenance, expansion or construction of any public or private road;
3. The road shall provide for the location of public utilities, pedestrian or bicycle easements, viewing points, etc.; and
4. Road repair and construction shall be the minimum necessary to provide safe traveling surfaces.
C. Developments which contain a wetland or wetland buffer on site shall comply with the following minimum standards:
1. All major subdivision, short plat or binding site plan shall disclose the presence on each residential lot of one building site, including access, that is suitable for development and which is not within the designated wetland or its associated buffer;
2. All designated wetland areas and their proposed buffers shall be clearly identified on all final major subdivision, short plat or binding site plan, maps, documents, etc.;
3. Designated wetlands and their associated wetland buffers shall be designated and disclosed on the final major subdivision, short plat or binding site plan, maps, documents, etc., as critical area tracts, nonbuildable lots and buffer areas or common areas. Ownership and control may be transferred to a homeowner’s association or designated as an easement or covenant encumbering the property;
4. All lots within a major subdivision, short plat or binding site plan shall have the outer edge of all required buffers clearly marked on site with permanent buffer edge markers. Buffer markers may be either buffer signs or steel posts painted with a standard color and label, as approved by the administrator. The markers shall be field verified by the surveyor or biologist of record prior to final approval of the major subdivision, short plat or binding site plan. Each lot shall contain a minimum of three buffer area markers located at the landward edge of the buffer perimeter for each habitat type; one located at each side property line and one midway between side property lines. Covenants for the major subdivision, short plat or binding site plan shall incorporate a requirement stating that buffer area markers shall not be removed, or relocated, unless written approved is provided by the administrator.
D. Stream Crossings. Expansion or construction of stream crossings may be authorized within a designated wetland or wetland buffer, subject to the following minimum standards:
1. Bridges are required for streams which support salmonids;
2. All crossings using culverts shall use superspan or oversize culverts;
3. Crossings shall not occur in salmonid spawning areas unless no other feasible crossing site exists;
4. Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative placement exists;
5. Crossings shall not diminish flood carrying capacity; and
6. Crossings shall serve multiple properties whenever possible;
7. Construction of sewer lines or on-site sewage systems within a designated wetland buffer which are necessary to meet state and/or local health code requirements shall not adversely impact the function and quality of the designated wetland buffer. (Ord. 08-02 § 3, 2008)
18.12B.070 Variances.
Applicants who are unable to comply with the specific dimensional or performance standards of this chapter may seek approval pursuant to the variance standards of this section. The procedures for the processing of a variance under this section shall be as established under Chapter 17.88 EWMC, as amended; as a quasi-judicial review application before the East Wenatchee hearing body. The burden of proof shall rest with the applicant to prove by clear, cogent and convincing evidence all of the following elements:
A. The strict application of the dimensional or performance standards set forth in this chapter precludes a reasonable permitted use of the property;
B. The hardship asserted by the applicant is specifically related to the property and is the result of unique conditions such as irregular lot shape or size, topography, physical features, location or surroundings over which the applicant has no control;
C. The hardship asserted by the applicant results from the application of this chapter to the property and not the result of deed restrictions or the actions of the applicant or owner;
D. The requested variance will not constitute a grant of special privilege not enjoyed by other properties in the same neighborhood or district, and is the minimum relief necessary for the preservation of a property right substantially the same as possessed by owners of property in the same neighborhood or district;
E. The granting of the variance will not be detrimental to the purposes of this chapter, be injurious to property in the same neighborhood or district in which the property is located, cause substantial adverse impact on the public interest or be otherwise detrimental to the objectives of the comprehensive plan;
F. The project includes mitigation for unavoidable critical area and buffer impacts, consistent with the requirements of EWMC 18.12B.035;
G. The applicant can clearly demonstrate compliance with the avoidance and minimization standards established in EWMC 18.12B.035(G). (Ord. 08-02 § 3, 2008)
18.12B.080 Action on variances.
The hearing body or zoning adjustor may approve, conditionally approve or deny a request for a variance. The hearing body or zoning adjustor may, in granting a variance, establish conditions determined necessary to:
A. Protect the interests of surrounding properties and the general public health, safety, welfare and interest;
B. Accomplish the objectives and intent of this chapter, other applicable regulations and the comprehensive plan; and
C. Mitigate potential adverse impacts of the proposal.
D. Every variance granted by the hearing body shall establish a date by which site development must commence. Development which does not commence within this time frame must submit a new application and fees in accordance with the codes in place at the time of a new complete application submittal. A maximum two-year time period shall be established; with the ability of the administrator to grant a one-year extension prior to the termination of the two-year period. The one-year extension must be based upon hardship demonstrated by the applicant, that is not in the applicant’s control. The hearing body may authorize a longer period based upon good cause, demonstrated by the applicant. (Ord. 08-02 § 3, 2008)