18.05.100 Reasonable use exception.
A. Project Review.
1. If the application of this title would deny all reasonable use of the subject property, the property owner may apply for an exception pursuant to this section. To qualify for an exception 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 adverse impact on the critical area and adjoining and neighboring lands;
b. That the proposed use does not pose a threat to the public health, safety or welfare;
c. That any alteration is the minimum necessary to allow reasonable use of the property; and
d. That the inability of the proponent to derive reasonable use of the property is not the result of actions by the applicant after the effective date of the ordinance codified in this chapter.
2. A request for a reasonable use exception shall be submitted to the city with the application materials for the particular development proposal. The application shall be supplemented with an explanation as to how the reasonable use exception criteria are satisfied. The city may require additional information or studies to supplement the reasonable use exception request.
3. Where a request for a reasonable use exception is granted, impacts to critical areas and buffers shall be mitigated consistent with the purpose and standards of this chapter to the greatest extent feasible.
4. A reasonable use exception shall be processed by the administrator.
B. Public Review.
1. The city shall process a request for a reasonable use exception to be determined by the city administrator.
2. The city shall forward a copy of a request for reasonable use exception to the state and federal agencies with CAO jurisdiction, tribes, and to all property owners within 300 feet of the subject property.
3. The city shall provide public notice of the request for reasonable use exception pursuant to KFMC 17.06.036. (Ord. 1803, §1, 2022).