28.12.040 Reasonable use exceptions.
If the application of this title would deny all reasonable use of the property, and if such viable use of the property cannot be obtained by consideration of a variance pursuant to PMC 28.12.070 to one or more individual requirements of this chapter, then a landowner may seek a reasonable use exception from the standards of this title. Reasonable use exception requests shall follow the variance procedures of Chapter 2.50 PMC, and shall only be granted if all of the following criteria are met:
(1) The application of this title would deny all reasonable and economically viable use of the property;
(2) There is no other reasonable and economically viable use with less impact on the critical area than that proposed;
(3) The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site;
(4) Any alterations permitted to these critical areas shall be the minimum necessary to allow for reasonable and economically viable use of the property;
(5) The proposal mitigates the impacts on the critical areas to the maximum extent possible, while still allowing reasonable use of the property;
(6) 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 the effective date of this title; and
(7) That the granting of the exception is consistent with the general purpose and intent of the Pasco Comprehensive Plan.
An application for a reasonable use exception shall be filed with the Department of Community and Economic Development. The burden of proof 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.
Any authorized alteration of a critical area under this section shall be subject to conditions established by the City of Pasco and shall require mitigation under an approved mitigation plan. [Ord. 4525 § 1, 2021; Ord. 3911 § 2, 2009; Code 1970 § 28.12.040.]