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19.07.140 Reasonable use exception.
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A. If the application of this chapter will deny all reasonable use of the owner’s property, then the applicant may apply to the community planning and development department for an exception from the requirements of this chapter in accordance with the provisions for Type IV reviews in Chapter 19.15 MICC. The hearing examiner may approve the application for a reasonable use exception only if the development proposal meets all of the following criteria:

1. The application of this chapter would deny all reasonable use of the property;

2. There is no other reasonable use with less impact on the critical area;

3. Any alteration to critical areas and associated buffers is the minimum necessary to allow for reasonable use of the property;

4. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;

5. The proposal is consistent with the purpose of this chapter and the public interest; and

6. The inability of the applicant to derive reasonable use of the property is not the result of actions by the current or prior property owner.

B. The hearing examiner may approve, approve with conditions, or deny the request based on the proposal’s ability to comply with all of the above criteria. The applicant has the burden of proof in demonstrating that the above criteria are met. (Ord. 19C-05 § 1 (Exh. A)). (Ord. 19C-05 § 1 (Exh. A), 2019.)

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