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Kittitas County, WA <br />§ 17A.01.060 CRITICAL AREAS § 17A.01.070 <br />Downloaded from https://ecode360.com/KI6857 on 2025-05-15 <br /> <br /> <br /> <br />the following: <br />a. Exception request and review process. An application for a reasonable use exception shall be <br />made to the County and shall include a critical areas report, as described in KCC § 17A.01.080, <br />including mitigation plan, if necessary; and any other related project documents, such as permit <br />applications to other agencies, special studies, and environmental documents prepared pursuant <br />to the State Environmental Policy Act (Chapter 43.21C RCW and rules thereunder in Chapter <br />197-11 WAC). The application shall follow the administrative project permit review process <br />outlined in KCC Chapter 15A.03. In determining what is considered reasonable use of an <br />undeveloped parcel, the Director may consider additional information such as zoning, and <br />comparable structure sizes and land uses of the surrounding area. <br />b. Director review. The Director shall approve, approve with conditions, or deny the request based <br />on the proposal's ability to comply with all the reasonable use exception criteria in Subsection <br />2(c). <br />c. Reasonable use review criteria. Criteria for review and approval of reasonable use exceptions <br />include: <br />i. The application of this Title would deny all reasonable economic use of the property; <br />ii. No other reasonable economic use of the property has less impact on the critical area and <br />its buffer; <br />iii. The proposed impact to the critical area is the minimum necessary to allow for reasonable <br />economic use of the property; <br />iv. The inability of the applicant to derive reasonable economic use of the property is not the <br />result of actions by the applicant after the effective date of this Title; <br />v. The proposal does not pose an unreasonable threat to the public health, safety, or welfare <br />on or off the development proposal site; <br />vi. The proposal will result in no net loss of critical area functions and values consistent with <br />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 evidence in support <br />of the application and to provide sufficient information on which any decision must be made on <br />the application. <br />(Ord. 2021-016, 2021) <br /> <br />§ 17A.01.070. Non-conforming structures and uses. <br />The following provisions apply to lots, structures and uses lawfully established prior to the effective date <br />of this Title, or amendments thereto, which do not conform to the current regulations or standards of this <br />Title. The following provisions do not apply to lots, structures or uses that were unlawfully established. <br />1. Non-conforming lots: <br />a. An undeveloped lot, tract, parcel, site, or division of land located landward of the ordinary high <br />water mark which was established in accordance with local and state subdivision requirements <br />prior to the effective date of this Title but which does not conform to the present lot size