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A. If the application of this chapter would deny all reasonable economic use of the subject property, the city shall determine if compensation is an appropriate action, or the property owner may apply for an exception pursuant to this section. A reasonable use exception is a measure of last resort for use only in those situations where all economic use of a property would be denied by the critical areas regulations. A reasonable use request is a Type II action and shall be considered in accordance with the procedures for such actions as set forth in BMC Title 11, Administration of Development Regulations.

B. Exception Request and Review Process. An application for a reasonable use exception shall be made to the city and shall include:

1. Contents of Complete Application. An application for a reasonable use request shall include the following information in addition to that required in BMC Title 11:

a. A description of the proposed development site, including the entire critical area and the setbacks or buffers as required under this title, whether the critical area is wholly contained on the development site or not;

b. An analysis of the impact that the amount of development proposed, in accordance with all applicable development regulations, would have on the critical area;

c. An analysis of whether any other reasonable use with less adverse impact on the critical area and buffer area, as required, is possible;

d. A design of the project as proposed as a reasonable use so that the development will have the least practicable adverse impact on the critical area;

e. A description and analysis of the modification requested of the minimum requirements of this chapter to accommodate the proposed development;

f. Such other information as may be required by the community development director as reasonable and necessary to evaluate the reasonable use respective to the proposed development.

2. Repealed by Ord. 2373.

C. Director’s Review. The director shall review the application and shall approve, approve with conditions, or deny the request based on the proposal’s ability to comply with all of the reasonable use exception review criteria in subsection D of this section.

D. Reasonable Use Review Criteria. Criteria for review and approval of reasonable use exceptions follow; one or more may apply:

1. The application of this chapter would deny all reasonable economic use of the property;

2. No other reasonable economic use of the property has less adverse impact on the critical area;

3. The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property;

4. The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of this chapter, or its predecessor;

5. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;

6. The proposal will result in no net loss of critical area functions and values consistent with the best available science; or

7. The proposal is consistent with other applicable regulations and standards.

E. Burden of Proof. 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.

F. Time Frame for Submission of Construction Level Permits. Permit applications for any construction level permits associated with an approved reasonable use request shall be submitted to the city for approval within five years of the date of the reasonable use request approval. (Ord. 2373 § 13, 2022; Ord. 2349 § 2, 2021; Ord. 2043 § 2 (Exh. B), 2010; Ord. 2010 § 1 (Exh. B), 2009; Ord. 1946 § 3, 2005).