16.10.150 Reasonable use provision.
A. The standards and requirements of these regulations are not intended, and shall not be construed or applied in a manner, to deny all reasonable use of private property. If an applicant demonstrates to the satisfaction of the hearing examiner that strict application of these standards would deny all reasonable economic use of a property, development may be permitted subject to appropriate conditions.
B. Applications for a reasonable use exception shall be processed as a Type III decision, pursuant to ACC 14.03.030 and Chapter 2.46 ACC.
C. An applicant for relief from strict application of these standards shall demonstrate that all of the following criteria are met:
1. No reasonable use with less impact on the critical area and its buffer is possible.
There is no feasible and reasonable on-site alternative to the activities proposed, considering possible changes in site layout, reductions in density and similar factors, that would allow a reasonable and economically viable use with fewer adverse impacts;
2. The proposed activities, as conditioned, will result in the minimum possible impacts to affected critical areas;
3. All reasonable mitigation measures have been implemented or assured;
4. The inability to derive reasonable 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; and
5. The applicant shall demonstrate that the use would not cause a hazard to life, health or property.
D. Any alteration of a critical area approved under this section shall be subject to appropriate conditions and will require mitigation construction authorized by an approved mitigation plan.
E. The burden of proof shall be on the applicant to provide evidence in support of the application and to provide sufficient information on which any decision has to be made.
F. Approval of a reasonable use exception shall not eliminate the need for any other permit or approval otherwise required for a proposal by applicable city codes.
G. Except when application of this title would deny all reasonable use of a site, an applicant who seeks an exception from the regulations of the title shall pursue a variance as provided in ACC 16.10.160. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 6442 § 13, 2012; Ord. 5894 § 1, 2005.)