30.62A.540 Reasonable use.
(1) A project permit applicant who is unable to comply with the specific standards of this chapter without forfeiting all economically viable use of the property may seek approval of a "reasonable use" allowance under this section. The application must be made on a form provided by the department and accompany a project permit application.
(2) To qualify as a reasonable use, the director shall find that the proposal meets the following criteria:
(a) Application of this chapter will deny all economically viable use of the subject property. In making this determination, the director shall also determine that:
(i) the subject property is an existing legal lot and the inability to derive reasonable use of the subject property is not the result of actions by the applicant in segregating, dividing or creating a condition on the site after April 1, 1995; and
(ii) the inability to derive all reasonable use of the subject property is not the result of prior actions taken in violation of this title or any other local, state or federal law or regulation; and
(b) The proposed development activity meets all other requirements of this title, does not otherwise constitute a nuisance or pose a threat to public health, safety, and welfare on or off the site.
(3) If the director determines that a project permit application meets the requirements of SCC 30.62A.540(2), the project permit application may be approved where the director finds:
(a) The applicant has complied with Part 100 of this chapter;
(b) After review of the project under this chapter, there is no other permitted use of the property with less impact on wetlands, fish and wildlife habitat conservation areas or buffers;
(c) The proposed alteration of a wetland, fish and wildlife habitat conservation area or buffer is the minimum necessary to allow for reasonable use of the property. Activities shall be located as far away as possible from wetlands, fish and wildlife habitat conservation areas and buffers and low impact development techniques shall be used to the maximum extent possible. In all cases, disturbance of a wetland, stream, marine water or lake may only occur if no reasonable use can be achieved by disturbance of a buffer associated with that feature;
(d) The proposed activity is located to minimize impacts to critical species;
(e) If a reasonable use of a parcel cannot exist without modification of the required front, side or rear setbacks or other bulk standards, the department may consider modifying those standards only to the extent necessary to provide for a reasonable use, while providing as much protection as is possible under the circumstances to critical areas, while maintaining the public health safety and welfare. This section shall not relieve an applicant from the obligation of complying with applicable variance procedures set forth in chapters 30.43B and 30.43E SCC or other applicable modification procedures adopted under this title; and
(f) To the greatest extent feasible, the project includes compensation and mitigation for unavoidable impacts to the functions and values of critical areas regulated under this chapter in accordance with the requirements of SCC 30.62A.150. (Added by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007).