14.15.070 Reasonable use exception.
(1) If the application of this chapter would deny all reasonable use of the property, development may be allowed which is consistent with the general purposes of this chapter and the public interest. An application for a critical area reasonable use exception on a form to be developed by the administrator shall be filed with the administrator who shall consult with the town attorney and shall issue a final decision.
(2) The administrator, in approval of a reasonable use exception, must determine that:
(a) Application of this chapter would deny reasonable use of the property;
(b) There is no other reasonable use with less impact on the critical area;
(c) The proposed development does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
(d) Any alteration permitted to the critical areas shall be the minimum necessary to allow for reasonable use of the property;
(e) Any authorized alteration of a critical area under this section shall require mitigation under the mitigation plan approved by the administrator; and
(f) The inability to derive reasonable economic use of the property is not the result of actions in segregating or dividing the property, thus creating the undevelopable conditions after the effective date of the ordinance codified in this chapter. (Ord. 433 § 7, 2002)