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Title 17E
Chapter 17E.020
Section 17E.020.060
 

Title 17E Environmental Standards

Chapter 17E.020 Fish and Wildlife Conservation Areas

Section 17E.020.060 Reasonable Use Exception
  1. When the director determines that the following criteria are met, development activity that would otherwise be prohibited under this chapter may be allowed, subject to mitigation sequencing as defined at chapter 17A.020 SMC in order to condition approval of the development proposal:
    1. Applications of this chapter would deny all economically viable use of the property.
    1. The proposed impact to the critical area is the minimum necessary to allow for reasonable and economically viable use of the property.
    1. There is no reasonably viable economic use with less impact on the fish and wildlife habitat.
    1. The requested use or activity will not result in any damage to other property and will not threaten the public health, safety or welfare on or off the property.
    1. Any alteration to the fish and wildlife habitat is the minimum necessary to allow for reasonable use of the property; and
    1. The inability of the applicant to derive economically viable use is not the result of actions by the applicant in subdividing the property, adjusting boundary lines, or other land use activity thereby creating the undevelopable conditions after the effective date of this chapter.
  1. An application for a reasonable use exception under this subsection may be made only as a component of a specific proposed development.
  1. The applicant for an exemption shall provide all information requested by the director and demonstrate that the work qualifies for the reasonable use exception. The director shall determine whether work is exempt and may impose conditions on the work to protect environmentally critical areas and buffers or other property.
  1. City agencies taking the action under any subsection of this section do not need to make an application to the director provided that, if no application is made, they shall comply with all provisions of this section, make all determinations required to be made by the director, including required conditions, and shall maintain records documenting compliance with all provisions.
  1. All activities pursued under this section shall be undertaken using best management practices; the applicant shall maintain records documenting compliance with this subsection E of this section.
  1. The applicant shall pay a fee as determined by the director, which may cover mailing and processing.
  1. The director shall include:
    1. findings on each of the criteria listed in subsection A of this section,
    1. the approved location and limits of the work, and
    1. shall require specific mitigation measures for impacts to all critical areas and related buffers before, during and after construction.

The written decision shall be mailed to the applicant and adjacent property owners, including property owners across public rights-of-way or private easements. The written decision shall provide an appeal procedure as contained in chapter 17G.050 SMC. The director should also advise the applicant as to the applicability of planned unit developments, and any other innovative land use techniques.

Date Passed: Monday, December 3, 2007

Effective Date: Sunday, January 6, 2008

ORD C34147 Section 6