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The hearing examiner may approve, or approve with modifications such a request only <br />when the following findings are made: <br />1. The application of this chapter would prohibit or unreasonably restrict the ability to <br />provide necessary utilities or infrastructure improvements; <br />2. There is no other reasonable alternative to the proposed development with less impact <br />on the critical area; and <br />3. The proposal fully mitigates any impacts on the critical areas. <br />D. Prohibition on Variances - Other Exceptions Permitted by this Chapter. The variance <br />procedures described in Section 41.130 of this title shall not apply to the standards of this <br />chapter. The following sections permit alteration or modification of the requirements of <br />this chapter for protection of critical areas: <br />1. Section 8 (37.080) for modification of standards for geologically hazardous areas; <br />2. Section 10 (37.110) for modification of standards for wetlands and their required <br />buffers; <br />3. Section 17 (37.170) for modification of standards for streams and their required buffers. <br />E. Alternative Best Available Science Analysis. The planning director may, using the review <br />process described in EMC Title 15, Local Project Review Procedures, authorize a <br />modification to the standards in this Chapter as follows: <br />1. An applicant must submit a critical area study by a qualified professional that <br />documents that the proposed development design / standards will result in a net <br />improvement of the functions of the critical area over that which would be obtained by <br />applying the standard prescriptive measures contained in this chapter. The study must <br />address best available science as it relates to the critical area functions. <br />2. The study must be circulated to appropriate state and federal resource agencies for <br />review and comment opportunity prior to planning director authorization. <br />3. The development design / standards may include, but are not necessarily limited to, <br />measures prescribed in an approved watershed conservation plan or other similar <br />conservation plan that addresses critical areas protection consistent with this section. <br />4. The proposed design / standards must not be materially detrimental to the public <br />welfare or injurious to property or improvements in the vicinity and zone in which the <br />subject property is located. <br />(This section shall be codified as EMC 19.37.050.) <br />Section 6: Permitted uses and activities. <br />A. Uses permitted on lots containing or adjoining critical areas shall be the same as those <br />permitted in the use zone in which the lot is located. Each use shall be evaluated in <br />accordance with the review process required for the proposed use in the use zone in <br />conjunction with the requirements of this chapter and other city, state, and federal <br />regulations. <br />11 <br />