14.100.051 Reasonable Use.
A. If the application of this chapter would deny all reasonable use of the subject property, the property owner may apply for an exception pursuant to this section.
B. Exception Request and Review Process. An application for a reasonable use exception shall be made to the city and shall include a critical area report, including mitigation plan, if necessary; and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW) (SEPA documents). The director shall determine whether an exception request shall be granted based on review of the submitted information, a site inspection, and the proposal’s ability to comply with reasonable use exception criteria. The director shall approve with conditions, or deny the request based on the proposal’s ability to comply with all of the following reasonable use exception review criteria:
1. The application of this chapter would deny all reasonable use of the property;
2. No other reasonable use of the property has less 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 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 meets the review criteria set forth in this chapter;
6. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; and
7. The proposal will result in no net loss of critical area functions and values consistent with the best available science through on- and off-site mitigation actions.
C. 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.