23.80.014

A. Application for waiver or modification. If the applicant for approval of an essential public facility seeks the waiver or modification of a development regulation, the applicant shall include in the application: 1. The specific identification of each development regulation sought to be waived or modified; 2. A detailed explanation of the manner in which each development regulation is believed to preclude the siting of the essential public facility; and 3. A detailed description of any mitigation measures the applicant proposes to take to avoid or mitigate the adverse effects that may result from the proposed waiver or modification of the development regulation. B. Decision to waive or modify. If the decisionmaker determines that application of a development regulation will preclude the siting of an essential public facility, the decisionmaker shall waive or modify the application of the development regulation to the extent necessary to allow siting the facility. The decisionmaker shall consider the provisions of WAC 365-196-550 when deciding whether a development regulation precludes the siting of the facility. C. Mitigation. If the decisionmaker waives or modifies a development regulation, the decisionmaker may require the applicant to comply with conditions that avoid or mitigate adverse effects that the decisionmaker believes may result from waiver or modification of the development regulation. If the development regulation to be waived or modified is contained in Chapter 23.60A or Chapter 25.09 , and the waiver or modification would result in a net loss of ecological function, the decisionmaker shall impose mitigation conditions to achieve no net loss of ecological functions as a result of granting the waiver or modification. D. Relationship to other provisions authorizing exceptions, variances, exemptions, and other forms of relief 1. Except as provided in subsection 23.80.014.D.2, regardless of any other provision of this Title 23 , Chapter 25.09 , or Chapter 25.11 , if an applicant seeks the waiver or modification of a development regulation under this Section 23.80.014 , the applicant is not required to also seek relief from the application of the development regulation pursuant to any other form of relief afforded by the Seattle Municipal Code, including procedures for exceptions, variances, exemptions, and similar procedures. However, an applicant is not precluded from seeking such other relief in addition to relief under this Section 23.80.014 . 2. When the waiver or modification sought under this Section 23.80.014 is of a development regulation contained in Chapter 23.60A , the applicant must seek relief from the development regulation pursuant to the procedures set forth in Chapter 23.60A . In the event that relief cannot be granted under those procedures, the development regulation may be waived or modified under this Section 23.80.014 . E. Exemption for light rail facilities. This Section 23.80.014 does not apply to light rail facilities. Development standards for light rail facilities may be waived or modified pursuant to subsection 23.80.004.C. (Ord. 127376 , § 75, 2025.)