Hardship Exceptions shall be subject to a Type II procedure in section 18.5.1.060, and are not subject to the Variance requirements of chapter 18.5.5 Variances. An application for a Hardship Exception may be approved if the proposal meets all of the following criteria.
A. The application of this chapter unduly restricts the development or use of the lot, and renders the lot not buildable.
B. The proposed activity or use of land would have been permitted prior to the effective date of this ordinance.
C. The applicant has explored all other reasonable options available under this chapter and other applicable provisions of this ordinance to relieve the hardship.
D. Adverse impacts on the structures, functions, or values of the resource including water quality, erosion, or slope stability that would result from approval of the exception have been minimized and will be mitigated to the greatest extent possible through restoration and enhancement of the Water Resource Protection Zone in accordance with a mitigation plan prepared in accordance with the standards and requirements in section 126.96.36.199 Mitigation Requirements.
E. Long term conservation, management, and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in subsection 188.8.131.52.C, except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures.