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A. If the application of this title would deny all reasonable use of a site, development may be allowed which is consistent with the general purposes of this title and the public interest.

B. Nothing in this title is intended to preclude all reasonable use of property. An applicant for a development proposal may file a request for a reasonable use exception which shall be considered as a Process III permit action by the City Hearing Examiner at a public hearing, following notice, as required by the City Zoning Code. The request shall include the following information:

1. A description of the areas of the site which are critical areas and/or natural resource lands or within buffers required under this title;

2. A description of the amount of the site which is within setbacks required by other standards of the Zoning Code;

3. A description of the proposed development, including a site plan;

4. An analysis of the impact that the amount of development described in subsection (B)(3) of this section would have on the natural resource land(s) or critical area(s);

5. An analysis of what other reasonable uses with less impact on the natural resource land(s) or critical area(s) and associated buffer(s) are possible;

6. A design of the proposal so that the amount of development proposed as reasonable use will have the least impact practicable on the natural resource land(s) and/or critical area(s);

7. An analysis of the modifications needed to the standards of this title to accommodate the proposed development;

8. A description of any modifications needed to the required front, side and rear setbacks; building height; and buffer widths to provide for a reasonable use while providing greater protection to the critical area(s) and/or natural resource land(s); and

9. Such other information as the Department determines is reasonably necessary to evaluate the issue of reasonable use as it relates to the proposed development.

10. The Department will forward a copy of a request for reasonable use exception to the Washington State Departments of Fish and Wildlife and Ecology for review, comment, and recommendation.

C. The Hearing Examiner may approve the reasonable use exception, if the Examiner determines the following criteria are met:

1. There is no other reasonable use to the proposed development with less impact on the natural resource land(s) and/or critical area(s); and

2. The proposed development does not pose a threat to the public health, safety or welfare on or off the site; and

3. Any alteration of the natural resource land(s) and/or critical area(s) shall be the minimum necessary to allow for reasonable use of the property; and

4. 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 October 8, 1991 (the effective date of Pierce County Critical Areas Regulations); and

5. The proposal mitigates the impacts on the natural resource land(s) and/or critical area(s) to the maximum extent possible, while still allowing reasonable use of the site.

6. For reasonable use exceptions involving wetlands, the additional requirements of LMC 14.162.090(D) shall apply.

D. Where appropriate in the context of LMC 14.142.110, the City shall give preference to the modification of the development standards set forth in the Land Use and Development Code (LMC Title 18A) as the first method to accommodate reasonable development on lots constrained by critical areas and/or their buffers. [Ord. 362 § 3, 2004.]