§ 16.08.190. Permit—Application—Exemptions from rules—Fee.

A.

The applicant may request exemption from compliance with one or more forest practice rules, or modification of one or more such rules, in its application to the proposed timber operation. Requests for such exemption or modification shall identify the relevant rule and shall be accompanied by the applicant's reason for the request.

B.

Where practical difficulties, unnecessary hardships, or results inconsistent with the purpose and intent of this chapter may result from its strict application, exemptions or modifications to these forest practice rules may be granted, provided that all the following criteria are met:

1.

That there are exceptional or extraordinary circumstances or conditions applying to the land referred to in the application, which circumstances or conditions do not apply generally to other land in the county;

2.

That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner; and

3.

That the granting of such application will not, under the circumstances of the particular case, materially adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant; and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.

C.

The fact that another local, state or federal agency uses a less-restrictive forest practice rule shall not be used as justification for granting an exemption to the county's forest practice rules, nor shall such a less-restrictive rule necessarily be found to be an acceptable substitute for a county forest practice rule. The criteria used in evaluating the acceptability of all such replacement rules and conditions shall be that the new rule must serve substantially the same purpose and provide essentially the same level of environmental protection as that provided by the county forest practice rule being replaced.

D.

Application for an exemption shall be made in writing on a form prescribed by the planning commission, and shall be accompanied by a fee of one hundred dollars, no part of which shall be returnable to the applicant, and by statements, plans and other evidence showing that the criteria specified in subsection (B) of this section are met.

(Ord. 646 § 1, 1980: prior code § 10063)