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A. Deviation from the requirements of this chapter may be approved by variance as provided by Chapter 14.70 SMC, and by determination of equivalence according to the criteria in this section.

B. A permit applicant may request in writing that the City Planner determine that a proposed deviation from the strict provisions of this chapter is equal in kind, extent, purpose, and impact as compliance with the applicable development regulation. A separate written request and determination shall be made for each such determination of equivalence. The City Planner’s decision upon a requested determination of equivalence shall be made in writing as a Type 1 permit.

C. The City Planner’s decision to approve a requested determination of equivalence shall be appealable to the Hearing Examiner as provided by Chapters 14.20 and 14.90 SMC.

D. The City Planner’s decision to deny a requested determination of equivalence shall not be subject to appeal. Upon the denial of a requested determination of equivalence, the applicant may submit an application for a variance to the subject development regulation as provided by Chapter 14.70 SMC.

E. The City Planner may approve a requested determination of equivalence when all of the following criteria are satisfied:

1. The request constitutes an equivalent and alternative method of achieving the purpose and intent of the subject development regulation.

2. The extent to which the proposed land development implements the purpose and intent of this chapter is not compromised or diminished.

3. No adverse environmental or land use impact would result.

4. The approved deviation is the minimum necessary to achieve the requested relief.

F. In approving a requested determination of equivalence, the City Planner may impose conditions of approval as necessary to ensure that the decisional criteria above are satisfied. The decision to impose conditions shall be appealable to the Hearing Examiner as provided by Chapters 14.20 and 14.90 SMC.

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