§ 17.15.415. Administrative actions—Reasonable use exception.

A.

Any property owner may apply for a reasonable use exception to carry out a use or activity which is prohibited by this chapter or for which approval has been denied under this chapter due to the location of the use or activity:

1.

Within a critical area; or

2.

Within the half of the required buffer or setback located closest to the critical area.

B.

The application for a reasonable use exception and any special reports required by this chapter shall be filed with the department on a form provided by that department. Along with a recommendation made by the department the application shall be heard by the Thurston County hearing examiner, who shall render a decision on the matter pursuant to Chapter 2.06 TCC. Notice of the hearing shall be given in the manner required by TCC 20.60.020(3).

C.

The hearing examiner shall grant the reasonable use exception if:

1.

No other reasonable use of the property as a whole is permitted by this chapter;

2.

No reasonable use with less impact on the critical area or buffer is possible;

3.

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 development proposal site;

4.

Any alteration to a critical area is the minimum necessary to allow for reasonable use of the property; and

5.

The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant in subdividing the property or adjusting a boundary line thereby creating the undevelopable condition after the effective date of this chapter.

D.

When granting a reasonable use exception, the hearing examiner shall impose conditions necessary to serve the purposes of this chapter and may require mitigation under an approved mitigation plan if necessary.

E.

A reasonable use exception shall expire if the use or activity for which it is granted is not commenced within three years of final approval by the hearings examiner. The reasonable use exception shall also expire when the use or activity is vacated for a period of three years. Knowledge of the expiration date is the responsibility of the applicant.

(Ord. 13623 § 1, 2006: Ord. 12463 § 4, 2001; Ord. 12032 § 11, 1999; Ord. 11398 § 8 (part), 1997: Ord. 11200 § 10, 1996: Ord. 10528 § 1 (part), 1994)

(Ord. No. 14773, § 4(Att. C), 7-24-2012)