16.50.120 Exception – Reasonable Use.
(1) If the application of this Chapter would deny all reasonable use of the subject property, the property owner may apply for an exception pursuant to this Section.
(2) An application for a reasonable use exception shall be made to the Director of Community Development and shall include a critical area report, including a mitigation plan, if necessary; and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW). The Director of Community Development shall approve, approve with conditions, or deny the exception request based on review of the submitted information; a site inspection; the most current, accurate, and complete scientific and technical information available; and the proposal’s ability to comply with the following reasonable use exception criteria:
(a) the application of this Chapter would deny all reasonable use of the property;
(b) no other reasonable use of the property has less impact on the critical area;
(c) any alteration is the minimum necessary to allow for reasonable use of the property;
(d) the inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant after the effective date of this Chapter, or the city’s 1992 Critical Areas Ordinance;
(e) the proposal meets the requirements set forth in this Chapter; and
(f) the use does not pose an unreasonable threat to the public health, safety, or welfare.
(3) The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application. (Ord. 21-15 §6, 2021; Ord. 19-6 §5, 2019; Ord. 03-18 §13, 2003).