17.25.080 Reasonable Use Exception.
1. General Requirements.
A. If the application of this chapter would deny all reasonable use of a legal lot, development may be allowed that is consistent with the general purposes of this chapter and the public interest. Nothing in this chapter is intended to preclude all reasonable use of property.
B. Except when application of this chapter would deny all reasonable use of a legal lot, an applicant who seeks a modification from the regulations of this chapter may pursue a deviation as provided in section 17.25.060, Deviations, and consistent with the requirements of this section.
C. The City Planner shall prepare and maintain application forms necessary to implement this section.
2. Application Requirements.
A. Preliminary Review. The provisions for conducting a preliminary review of a proposed reasonable use exception are set forth in subsection (3) of this section.
B. Regulations – General Provisions – Application Filing.
1. Reasonable use exception applications shall be reviewed for completeness in accordance with City submittal standards pursuant to Chapter 19.05.
2. An applicant for a development proposal may file a request for a reasonable use exception which shall include the following information:
a. A description of the areas of the site which are critical areas or within setbacks required under this chapter;
b. A description of the amount of the site which is within setbacks required by other standards of Title 16;
c. A description of the proposed development, including a site plan;
d. An analysis of the impact that the amount of development described in subsection (2)(b)(ii)(c) of this section would have on the critical area(s);
e. An analysis of whether any other reasonable use is possible that would result in less impact on the critical area(s) and associated buffer(s);
f. A design of the proposal so that the amount of development proposed as reasonable use will have the least impact practicable on the critical area(s);
g. An analysis of the modifications needed to the standards of this chapter to accommodate the proposed development;
h. A description of any modifications needed to the required front, side, and rear setbacks; building height; and buffer widths to provide for a reasonable use of the site while providing greater protection to the critical area(s); and
i. Such other information as the City determines is reasonably necessary to evaluate the issue of reasonable use as it relates to the proposed development.
3. Public Review.
A. The City shall process a request for a reasonable use exception as a conditional use permit procedure pursuant to section 17.05.050.
B. The City shall forward a copy of a request for reasonable use exception to the state and federal agencies with jurisdiction over the resource at issues and to all property owners within 300 feet of the subject property.
C. The City shall provide public notice of the request for reasonable use exception pursuant to section 19.07.010.
D. An aggrieved party shall appeal a final decision of a request for reasonable use exception pursuant to Chapter 19.11.
4. Reasonable Use Exception Decision Criteria. The review authority shall approve a reasonable use exception if the authority determines the following criteria are met:
A. There is no other reasonable use or feasible alternative to the proposed development with less impact on the critical area(s);
B. The proposed development does not pose a threat to the public health, safety, or welfare on or off the site;
C. Any alteration of the critical area(s) shall be the minimum necessary to allow for reasonable use of the property;
D. The proposed development will not result in a “take” of a threatened or endangered species;
E. The inability of the applicant to derive reasonable economic use of the property is not the result of actions taken by the applicant or immediate predecessor in interest, after the effective date of this chapter, in subdividing the property or adjusting a boundary line, or otherwise creating the undevelopable condition; and
F. The proposal mitigates the impacts on the critical area(s) to the maximum extent possible, while still allowing reasonable use of the site. The applicant shall prepare and implement a mitigation and monitoring plan consistent with section 17.25.160.