(1) Special circumstances applicable to the property in question or to the intended use that do not generally apply to other properties or classes of use in the same vicinity or zoning classification;

(2) A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and zoning classification, which because of special circumstances is denied to the property in question;

(3) The granting of the waiver will not be detrimental to the public welfare or injurious to any person, property or improvements thereon in such vicinity and zoning classification in which the subject property is located;

(4) The granting of a waiver will not conflict with the general intent of this chapter;

(5) Except as provided below, no waiver for City water service shall be granted for any property lying within the boundaries of the Pasco landfill groundwater protection area (the protection area) as delineated on the official map designating said area on file at the City of Pasco Public Works Department. If the City of Pasco receives a waiver request, it shall notify the Department of Ecology of such request, and shall provide the Department of Ecology all relevant information regarding such request.

(6) If the residual hazardous substances in the groundwater remaining within the entirety of the protection area are subsequently reduced in concentration such that the method A or method B cleanup levels, as applicable, established under WAC 173-340-700 through 173-340-760 are met, then subsection (5) of this section shall be of no further force and effect, if the Department of Ecology, after public notice and opportunity for comment, concurs. [Ord. 4515 § 2, 2021; Ord. 4069, 2012; Ord. 3670 § 5, 2004; Ord. 3469 § 1, 2001; Ord. 3316, 1998; Ord. 2303 § 4, 1981; Code 1970 § 16.06.050.]