17.25.060 Deviations.
1. An applicant who seeks to deviate from the requirements of this chapter may seek a deviation pursuant to the procedures established in section 20.03.050.
2. In addition to the approval criteria found in section 20.03.050, an application to deviate from the requirements of this chapter shall demonstrate compliance with all of the following criteria:
A. There are special circumstances applicable to the subject property or to the intended use such as shape, topography, location, or surroundings that do not apply generally to other properties;
B. The deviation is necessary for the preservation and enjoyment of a substantial property right or use possessed by other similarly situated property, but which because of special circumstances is denied to the property in question;
C. Granting the deviation will not be materially detrimental to the public welfare or injurious to the property or improvement; and
D. Granting the deviation will not violate, abrogate, or ignore the goals, objectives, or policies of the George Comprehensive Plan.
E. In addition to the approval criteria above, an application to deviate from the buffer requirements of a fish habitat conservation area or riparian area shall demonstrate that the requested buffer width modification preserves adequate vegetation to:
1. Maintain proper water temperature;
2. Minimize sedimentation; and
3. Provide food and cover for critical fish and wildlife species.
F. When granting a deviation, the City may attach specific conditions to the deviation that will serve to meet the goals, objectives, and policies of this chapter, including the preparation and implementation of a mitigation and monitoring plan consistent with section 17.25.170.