15.18.140 Variances.
The town may grant variances from this critical areas code’s substantive regulations in accordance with this chapter if the criteria in subsection A or B of this section are met.
A. The variance conforms to the variance criteria stated in this chapter plus the variance:
1. Conforms with the purpose of this chapter;
2. Does not impact anadromous fish habitat; and
3. Is justifiable in light of the best available science.
B. Reasonable use (conformance with the South Prairie critical areas code criteria not required):
1. The application of this critical areas code would otherwise deny all reasonable economic use of the property;
2. The town does not offer to compensate the owner for the denial of reasonable economic use;
3. No other reasonable economic use of the property or development design has less impact on the critical area;
4. The proposal does not pose an unreasonable threat to the public health, safety, or welfare;
5. The proposal conforms with other applicable regulations;
6. Impacts to critical areas are mitigated; and
7. The application is sufficiently documented (for example, critical areas report, mitigation plan, permit applications, and environmental documents) to make a determination regarding these criteria. [Ord. 492 § 3 (Exh. B § 114), 2007.]