23.24.070 Infeasibility Exemption.
(a) Exemption. If an applicant believes that circumstances exist that makes it infeasible to meet the requirements of this Chapter, the applicant may request an exemption from the Building Official or designee at the time of planning application submittal. In applying for an exemption, the burden is on the applicant to show infeasibility. The applicant shall indicate the maximum threshold of compliance he or she believes is feasible to fully comply with this Chapter.
(b) Infeasibility. Circumstances that constitute infeasibility include, but are not limited to the following:
(1) There is a lack of commercially available materials and technologies to comply with the requirements of this Chapter;
(2) Applying the requirements of this Chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property.
(c) Granting of Exemption. If the Building Official or designee determines that it is infeasible for the applicant to fully meet the requirements of this Chapter based on the information provided, the Building Official or designee, shall determine the maximum feasible threshold of compliance reasonably achievable for the project. The decision of the Building Official or designee shall be provided to the applicant in writing. If an exemption is granted, the applicant shall be required to comply with this Chapter in all other respects and shall be required to achieve, in accordance with this Chapter, the threshold of compliance determined to be achievable by the Building Official or designee.
(d) Denial of Exemption. If the Building Official or designee determines that it is reasonably possible for the applicant to fully meet the requirements of this Chapter, the request shall be denied and the Building Official or designee shall so notify the applicant in writing. The project and compliance documentation shall be modified to comply with this Chapter prior to further review of any pending planning or building permit application.
(e) Appeals of Exemption Denial. If denied the infeasibility exemption, the applicant may appeal in writing to the Community Development Department (CDD) Director. The CDD Director will consider the information provided and render a written decision regarding infeasibility based on the factors set forth in this Chapter. The decision of the CDD Director shall be final.