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<br /> <br />9 <br /> <br />b. Director Review. The Director shall approve, approve with conditions, or deny the <br />request based on the proposal’s ability to comply with all the reasonable use <br />exception criteria in Subsection 2(c). <br />c. Reasonable Use Review Criteria. Criteria for review and approval of reasonable <br />use exceptions include: <br />i. The application of this Title would deny all reasonable economic use of the <br />property; <br />ii. No other reasonable economic use of the property has less impact on the <br />critical area and its buffer; <br />iii. The proposed impact to the critical area is the minimum necessary to allow <br />for reasonable economic use of the property; <br />iv. The inability of the applicant to derive reasonable economic use of the <br />property is not the result of actions by the applicant after the effective date of <br />this Title; <br />v. The proposal does not pose an unreasonable threat to the public health, <br />safety, or welfare on or off the development proposal site; <br />vi. The proposal will result in no net loss of critical area functions and values <br />consistent with the best available science; <br />vii. The proposal is consistent with other application regulations and standards. <br />d. Burden of Proof. The burden of proof shall be on the applicant to bring forth <br />evidence in support of the application and to provide sufficient information on which <br />any decision must be made on the application. <br /> <br /> <br />17A.01.070 Non-Conforming Lots, Structures, and Uses <br />The following provisions apply to lots, structures and uses lawfully established prior to the effective <br />date of this Title, or amendments thereto, which do not conform to the current regulations or <br />standards of this Title. The following provisions do not apply to lots, structures or uses that were <br />unlawfully established. <br />1. Non-conforming lots: <br />a. An undeveloped lot, tract, parcel, site, or division of land located landward of the <br />ordinary high water mark which was established in accordance with local and state <br />subdivision requirements prior to the effective date of this Title but which does not <br />conform to the present lot size standards may be developed as permitted by the land <br />use regulations of the local government so long as such development conforms to all <br />other requirements of this Title and the Act. <br />2. Non-conforming structures: <br />a. Nonconforming structures may be maintained, repaired, renovated, and remodeled, <br />provided such activity does not enlarge or expand the structure beyond the <br />allowances in this section. <br />b. Nonconforming structures may be enlarged or expanded one time, provided: <br />i. The enlargement does not extend closer to the critical area than the existing <br />primary structure or farther into the minimum side yard setback; <br />ii. The enlargement does not expand the footprint of the existing structure by <br />more than 200 square feet in a lateral direction; <br />iii. The enlargement does not cause new direct wetland or stream impact; and <br />iv. Mitigation of impacts to disturbed critical areas or buffers is provided in <br />accordance with this title. The County may consult with agencies of expertise <br />to ensure plan adequacy. <br />c. . <br />d. Nonconforming single-family residences may increase their height within the existing <br />structural footprint up to maximum of thirty-five (35) feet.