18.01.090 Reasonable use.
A. Where the provisions of this chapter would prevent all reasonable use of those properties completely encumbered by critical areas, the property owner may apply for a reasonable use exception if it is demonstrated that all of the following four conditions exist:
1. No reasonable use of the property is possible without some impact to the critical area.
2. No feasible and reasonable on-site alternative to the proposed activities is possible, including possible changes in site layout, reductions in density, and similar factors that would allow a reasonable economic use with fewer adverse impacts.
3. The proposed activities, as conditioned, will result in the minimum possible impacts to affected critical areas, considering their functions and values and/or the risks associated with proposed development. The inability to derive reasonable economic use is not the result of the applicant’s actions or that of a previous property owner, such as by segregating or dividing the property and creating an undevelopable condition.
4. Any alteration of a critical area approved under this section shall be subject to appropriate conditions and will require mitigation under an approved mitigation plan.
B. The responsibility of proving the presence of the above criteria shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application.
C. A request for a reasonable use exception shall be made to the city of Cle Elum and shall be processed as a Type 3 application according to the provisions in CEMC Section 14.30.070, “quasi-judicial review of applications.” The request shall include a critical areas report, including a habitat management plan and a mitigation plan, if necessary; and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act. The city planner shall prepare a recommendation to the city’s planning commission based on review of the submitted information, a site inspection, and the proposal’s ability to comply with reasonable use exception criteria identified above.
D. The planning commission shall review and decide upon the request for reasonable use, and shall approve, approve with conditions, or deny the request based on the proposal’s ability to comply with the reasonable use exception criteria identified above.