§ 21.70.036. Exceptions.  


Latest version.
  • (1)

    Reasonable use. If an applicant for a development proposal demonstrates to the satisfaction of the planning commission that application of the standards of this chapter would deny all reasonable use of the property, development as conditioned may be allowed. The applicant shall pay a fee as determined by the city council, which may cover mailing and processing and submit documentation demonstrating all of the following:

    (a)

    Application of this chapter would deny all reasonable use of this property;

    (b)

    There is no reasonable use with less impact on the wetland or wildlife habitat area;

    (c)

    The requested use or activity will not result in any damage to other property and will not threaten the public health, safety, or welfare on or off the property;

    (d)

    Any alteration to the wetland, or wildlife habitat area is the minimum necessary to allow for the reasonable use of the property;

    (e)

    Impacts to critical areas and buffers are mitigated consistent with the purpose and standards of this chapter to the greatest extent feasible;

    (f)

    The inability to derive reasonable economic use is not the result of the applicant's actions or that of a previous property owner, such as by segregating or dividing the property and creating an undevelopable condition.

(Ord. No. X-30, § 2, 7-10-2018; Ord. No. U-97, § 288, 1-27-2009; Ord. No. U-59, § 28, 2008)