14.142.090 Reasonable use exception and modification of critical area requirements for individual single-family residences.
The purpose of this section is to provide an alternative to the full reasonable use exception process for an individual single-family residence on an existing, legal lot, while minimizing impacts to critical areas. The Director shall have the authority to grant minor variances and/or reasonable use exceptions to modify or waive some or all of the requirements of this chapter in accordance with the provisions of this section, subject to the following procedure:
A. The applicant for the modification or waiver of critical area requirements shall submit any critical area special studies following a preapplication review meeting as well as such other documents or studies, as requested by the Director.
B. The Director may adjust critical area requirements or grant minor variances for single-family residence applications provided:
1. The proposal is the minimum necessary to accommodate the building footprint and access. In no case, however, shall the building footprint and outdoor activity areas encroaching into the critical area or required buffer exceed 7,000 square feet;
2. Access shall be located so as to have the least impact on the critical area and its buffer;
3. The proposal shall be designed to preserve the functions and values of the critical area(s) to the maximum extent possible;
4. Adverse impacts resulting from alterations of steep slopes shall be minimized;
5. The proposal includes on-site mitigation to the maximum extent possible;
6. The proposal will not significantly affect drainage capabilities, flood potential, and steep slopes and landslide hazards on neighboring properties; and
7. The proposal first develops noncritical area land, then the critical area buffer before the critical area itself is developed.
C. The Director may require reasonable, noncompensatory mitigation measures to mitigate and minimize the loss of the functions and values of the critical areas and may impose mitigating conditions to the modification, waiver or variance in order to meet the standards of this subsection.
D. Modifications pursuant to this chapter that relate only to the buffer requirements for single-family residential permits shall be reviewed and decided as a Process I determination in conjunction with the building permit application. Modifications that would impinge upon the critical area itself or require an administrative building setback variance shall be reviewed and decided using Process 2 procedures.
E. This section shall not apply to the following critical areas:
1. Steep slope hazard areas that are unmitigatable landslide hazard areas;
2. Steep slope hazard areas of slope greater than 70 percent where either the lot or slope are abutting and above a Class I or II wetland stream, and associated buffer, or an open storm water conveyance system.