§ 18.107.220. General—Waiver.

A.

As part of an application for the first approval of a residential project or nonresidential development, an applicant may apply for a reduction, adjustment, or waiver of the requirements of this chapter based upon a showing that applying the requirements of this chapter would result in an unconstitutional taking of property or would result in any other unconstitutional result. The applicant shall set forth in detail the factual and legal basis for the claim, including all supporting technical documentation, and shall bear the burden of presenting the requisite evidence to demonstrate the alleged unconstitutional result. The county may assume each of the following when applicable:

1.

The applicant will benefit from the incentives set forth in the county code; and

2.

The applicant will be obligated to provide the most economical affordable units feasible in terms of financing, construction, design, location and tenure.

B.

The approval authority, based upon legal advice provided by or at the behest of county counsel, may approve a reduction, adjustment, or waiver if the approval authority determines that applying the requirements of this chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property. The reduction, adjustment, or waiver shall be approved only to the extent necessary to avoid an unconstitutional result, after adoption of written findings, and based on legal analysis and the evidence. If a reduction, adjustment, or waiver is granted, any change in the residential project shall invalidate the reduction, adjustment, or waiver, and a new application shall be required for a reduction, adjustment, or waiver pursuant to this section.

(Ord. No. 1334, § 3, 1-19-2010)