11.50.060 Exceptions.
(a) Exception – Public Agency and Utility. If the application of this title would prohibit a development proposal by a public agency or public utility, the agency or utility may apply for an exception pursuant to this section.
(b) Exception – Reasonable Use Alternatives. The city may modify the requirements of this section in specific cases when necessary to allow reasonable use of an applicant's property.
(1) Reasonable Use Review Criteria. To qualify for such relief the applicant must demonstrate all of the following:
(A) That no other reasonable use can be made of the property that will have a lesser impact on the critical area;
(B) That there are no feasible and reasonable on-site alternatives to the proposed activities, including changes in site layout, reductions in density, and similar factors that would allow a reasonable economic use with fewer impacts;
(C) That the proposed use does not pose a material threat to the public health, safety or welfare;
(D) Any alteration shall be the minimum required to allow reasonable use of the property;
(E) The inability of the proponent to derive reasonable use of the property shall not be the result of applicant's actions after the effective date of the ordinance codified in this section; and
(F) The proposal is consistent with other applicable regulations and standards.
(2) Exception Request and Review Process. A request for a reasonable use exception shall be submitted to the city planning department 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 or as it may be amended) (if reasonably necessary to evaluate the application). The planning official shall prepare a recommendation based on review of the submitted information, a site inspection, and the requested proposal's compliance with the reasonable use exception criteria in subsection (b)(1) of this section.
(3) Reasonable Use Exception. Reasonable use exceptions shall be processed according to the provisions of a Class 2 review process in Section 10.06.020 or as may be amended and may be approved, approved with conditions, or denied based on the proposal's ability or lack of ability to comply with all of the reasonable use exception review criteria in subsection (b)(1) of this section. Any alteration of a critical area(s) approved under this section may be subject to appropriate conditions and will require mitigation under an approved mitigation plan.
(4) 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. (Ord. 2124, § 2 (Att.), 2021.)