HomeMy WebLinkAbout9 JC RUE Proposed18.22.260 Reasonable economic use exceptions.
Except when application of this chapter would deny all reasonable use of the property, an
applicant who seeks an exception from the standards and requirements of this chapter shall
pursue relief by means of a variance as provided for in this chapter. Any reasonable use
authorized under this section shall also be an allowed or conditional land use as specified by
chapter Section 18.15 land use districts. If the application of this chapter would deny reasonable
use of the property, or would otherwise constitute a taking under either the State or federal
constitution, the applicant may apply for a reasonable use exception pursuant to this subsection:
(1) An application for a critical area reasonable use exception shall be filed with the
Administrator and shall be considered by the Hearing Examiner as a Type III permit pursuant to
Chapter 18.40 JCC. The applicant may apply for a reasonable use exception without first
applying for a variance if the requested exception would provide relief from standards for which
a variance cannot be granted under this chapter (i.e. exceeds the maximum reduction permitted in
each of the critical area protection standards). The property owner and/or applicant for a
reasonable use exception have the burden of proving that the property is deprived of all
reasonable uses.
(2) Even though a variance application is not required, a reasonable use exception is a type of
variance and shall meet the variance criteria found in Section 18.22.250 JCC to the maximum
extent possible. In addition, approval of a reasonable use exception requires consistency with all
of the following criteria listed in subsections (a) through (f) of this section. Demonstration of
consistency is burdened upon the applicant:
(a) The applicant shall submit reports documenting the location of all the critical areas and their
associated buffers. This information shall be identified on a site map to scale.
(b) Application of this chapter would deny all reasonable use of the property; and
(c) There is no other reasonable or practicable use with less impact on the critical area; and
(d) The proposed development does not pose an unreasonable threat to the public health, safety
or welfare on or off the development proposal site; and
(e) The proposed development is consistent with the general purposes of this chapter and the
public interest, and does not conflict with applicable State and federal laws; and
(f) The proposed alterations to regulated critical areas are the minimum necessary to allow for
reasonable use of the property.
(3) Any authorized alteration of a critical area under this section may be subject to conditions
established by Jefferson County and may require mitigation under an approved mitigation plan
pursuant to Article IX Special Report of this chapter.