18.08.206 Reasonable use exceptions.
If the application of this chapter would preclude all reasonable use of a site, development may be permitted, consistent with the general purposes and intent of this chapter. Applications for a reasonable use permit shall be processed in accordance with the procedures established under GHMC Title 19 for a Type III project permit application.
A. Information Required. An application for a reasonable use exception shall be in writing to the department director and shall include the following information:
1. A description and map of the area of the site which is within a critical resource area or within the setbacks or buffers as required under this title;
2. The area of the site which is regulated under the respective setbacks (minimum yards) and maximum impermeable surface and hard surface coverage of the zoning code (GHMC Title 17);
3. An analysis of the impact that the amount of development proposed would have on the critical area as defined under this title;
4. An analysis of whether any other reasonable use with less impact on the critical area and buffer area, as required, is possible;
5. A design of the project as proposed as a reasonable use so that the development will have the least practicable impact on the critical area;
6. A description and analysis of the modification requested of the minimum requirements of this title to accommodate the proposed development;
7. Such other information as may be required by the department which is reasonable and necessary to evaluate the reasonable use respective to the proposed development.
B. Findings for Approval of Reasonable Use Exception. If an applicant successfully demonstrates that the requirements of this title would deny all reasonable use of a site, development may be permitted. The hearing examiner shall make written findings as follows:
1. There is no feasible alternative to the proposed development which has less impact on the critical area;
2. The proposed development does not present a threat to the public health, safety or welfare;
3. Any modification of the requirements of this title shall be the minimum necessary to allow for the reasonable use of the property;
4. The inability of the applicant to derive a reasonable use of the property is not the result of actions by the applicant which resulted in the creation of the undevelopable condition after the effective date of the ordinance codified in this title;
5. The proposal mitigates the impacts to the critical area to the maximum extent practicable, while maintaining the reasonable use of the site;
6. That all other provisions of this chapter apply excepting that which is the minimum necessary to allow for the reasonable use of the site or property. The hearing examiner may impose any reasonable conditions on the granting of the reasonable use exception, consistent with the minimum requirements of this chapter.
C. Notification of Decision. Notice of the decision shall be provided as set forth in GHMC 19.02.007.
D. Appeal. The decision on a reasonable use exception may be appealed in accordance with the procedures established under GHMC Title 19.
E. Limits of Applying Reasonable Use Exception. A reasonable use exception shall only be considered in those situations where a reasonable use would be prohibited under this title. An applicant who seeks an exception from the minimum requirements of this title shall request a variance under the provisions of this title.
F. Duration of Approval and Expiration. The duration of reasonable use exception approval and permit expiration shall be governed by GHMC 19.02.008. (Ord. 1347 § 76, 2016; Ord. 1197 § 84, 2010; Ord. 1036 § 40, 2006).