17.10.046 Reasonable use exception.
If the application of this chapter would deny all reasonable economic use of the subject property, the applicant may apply for a reasonable use exception pursuant to the following provisions:
A. An application for a reasonable use exception containing the elements required in LMC 17.10.047 shall be filed with the department and shall be considered by the hearing examiner at a public hearing under Process I (LMC 1.35.100 through 1.35.180).
B. The hearing examiner must determine that:
1. Application of this chapter would deny all reasonable use of the property; and
2. There is no reasonable use with less impact on the critical area; and
3. The proposed development does not pose an unreasonable threat to the public health, safety or welfare; and
4. Any alteration to the critical areas or buffers must be the minimum necessary to allow for the reasonable use of the property; and
5. Impacts to critical areas and buffers are mitigated consistent with the purpose and standards of this chapter to the greatest extent feasible; and
6. The inability of the applicant to derive reasonable use of the property is not the result of actions of the property owner or some predecessor, which thereby created the condition after March 13, 2006.
C. The burden of proof shall be on the applicant to bring forth substantial evidence in support of the application for the hearing examiner in support of a decision on the application.
D. If the hearing examiner grants a reasonable use exception, the examiner may impose any condition(s) to ensure that the development is consistent with the intent of this chapter. (Ord. 3193 § 2, 2016)