16.10.040 Reasonable use alternatives.
(1) The city may modify the requirements of this chapter in specific cases when necessary to allow reasonable use of an applicant’s property. To qualify for such relief the applicant must demonstrate all of the following:
(a) That no other reasonable use can be made of the property that will have a lesser adverse impact on the critical area and adjoining and neighboring lands;
(b) That the proposed use does not pose a threat to the public health, safety or welfare;
(c) Any alteration is the minimum necessary to allow reasonable use of the property; and
(d) The inability of the proponent to derive reasonable use of the property is not the result of actions by the applicant after the effective date of the ordinance codified in this chapter.
(2) A request for a reasonable use exception shall be submitted to the city with the application materials for the particular development proposal. The application shall be supplemented with an explanation as to how the reasonable use exception criteria are satisfied. The city may require additional information or studies to supplement the reasonable use exception request.
(3) Any alteration of a critical area approved under this section shall be subject to appropriate conditions and will require mitigation under an approved mitigation plan.
(4) A reasonable use exception shall be processed according to the provisions of governing a Type I review process. (Ord. 563 § 1, 2019; Ord. 456 § 1, 2012; Ord. 367 § 2, 2005)