9.4760 Exceptions.
The planning director shall have authority to grant exceptions to the provisions of this overlay zone for uses and development within /WP areas subject to site review approval in accordance with the following provisions.
(1) Criteria. Exceptions shall be granted only if the applicant clearly demonstrates in writing that either of the following exist:
(a) The provisions of this overlay zone in conjunction with other city regulations, and circumstances peculiar to the property not self-imposed by the applicant, would prohibit any viable economic use of the property.
(b) The /WP area as set forth in EC 9.4720 Waterside Protection Areas, occupies more than 33 percent of the development site area.
(2) Process. To determine the extent to which an exception is allowed under EC 9.4760(1)(a), the planning director shall consider the following provisions:
(a) Where practical, relax other setbacks in order to accommodate buffer setbacks as defined in EC 9.4720 Waterside Protection Areas.
(b) If no economically viable use is feasible under (2)(a), relax /WP overlay zone requirements applicable to riparian areas as defined in EC 9.4720 Waterside Protection Areas, outside buffer setback areas. In this instance, enhancement of riparian vegetation within the buffer setback area shall be required consistent with applicable provisions from EC 9.2530 Natural Resource Zone Development Standards.
(c) If no economically viable use is feasible under ((2)(a) or(2)(b), reduce the buffer setback area to the minimum extent necessary to accommodate the development. In this instance, enhancement shall be required within the remaining buffer setback area consistent with applicable provisions from EC 9.2530 Natural Resource Zone Development Standards.
(d) If no economically viable use is feasible under (2)(a), (2)(b), or (2)(c), allow alteration of the water feature(s) to the minimum extent necessary to accommodate the development. In this instance, restoration and enhancement of the affected water feature(s) shall be required consistent with applicable provisions from EC 9.2530 Natural Resource Zone Development Standards.