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Kittitas County,WA <br /> § 17A.01.060 CRITICAL AREAS § 17A.01.070 <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 /> § 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 <br /> Downloaded from https:Hecode360.com/KI6857 on 2025-05-15 <br />