27.12.740 Reasonable use exception.
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 CCC Title 33, Clallam County Zoning Code. 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 26.10 CCC. 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. 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. Clallam County shall provide access to available data or other information that pertains to the subject property which may be used by the applicant.
(2) Approval of a reasonable use exception requires consistency with all of the following criteria listed in subsections (2)(a) through (2)(e) of this section. Demonstration of consistency is burdened upon the applicant:
(a) Application of this chapter would deny all reasonable use of the property; and
(b) There is no other reasonable use with less impact on the critical area; and
(c) The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site; and
(d) 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
(e) 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 Clallam County and may require mitigation under an approved mitigation plan pursuant to Part Eight of this chapter.