Ord-2021-016 - Laserfiche WebLink

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b. Director Review. The Director shall approve. approve with conditions. or denv the reouest based on the proposal's ability to comply with all the reasonable use exception criteria in Subsection 2(c).c. Reasonable Use Review Criteria. Criteria for review and approval of reasonable use exceptions include:i. The application of this Title would denv all reasonable economic use of the propertv: ii. No other reasonable economic use of the ffqperty has less impact on the criticalarea and its buffer: iii. The proposed impact to the critical area is the minimum necessarv to allow for reasonable econo mic use of the propertv: iv. The inabilitv of the aoolicant to rive reasonable economic use of the propertv is not the result of actions by the applicant after the effective date of this Title: v. The prooosal does not pose an unreasonable threat to the public health. safety. or welfare on or off the development oroposal site: vi. The proposal will result in no net loss of critical area functions and values consistent with the best available science: vii. The proposal is consistent with other application requlations and standards.d. Burden of Proof. The burden of proof shall be on the applicant to brinq forth evidence in support of the application and to provide sufficient information on which any decision must be made on the application. 17A.01.070 Non-Conforminq Lots. Structures. and Uses The followinq provisions apply to lots, structures and uses lawfully established prior to the effective date of this Title. or amendments thereto. which do not conform to the current requlations or standards of this Title. The followinq provisions do not applv to lots. structures or uses that were unlawfully established. 1. Non-conforminqlots: a. An undeveloped lot. tract. parcel. site. or division of land located landward of the ordinarv hiqh water mark which was established in accordance with local and state subdivision requirements prior to the effective date of this Tjtle but which does not conform to the present lot size standards mav be developed as permitted bv the land use requlations of the local government so lonq as such development conforms to all other requirements of this Title and the Act. 2. Non-conformino structures:a. Nonconforminq structures may be maintained. repaired. renovated. and remodeled. provided such activity does not enlarqe or expand the structure beyond the allowances in this section.b. Nonconformino structures may be enlarqed or expanded one time, provided: i. The enlarqement does not extend closer to the critical area than the existinq primarv structure or farther into the minimum side vard setback: ii. The enlarqement does not expand the footprint of the existinq structure bv more than 200 square feet in a lateral direction: iii. The enlaroement does not cause new direct wetland or stream imoact: and iv. Mitiqation of impacts to disturbed critical areas or buffers is provided in accordance with this title. The Countv mav consult with aqencies of expertise to ensure plan adequacv. c. d. Nonconforminq sinqle-familv residences may increase their heiqht within the existinq structural footprint up to maximum of thirtv-five (35) feet. I