20.25H.200 Reasonable use exception – Applicability.
A. When Allowed. A reasonable use exception may be granted when no other reasonable use of property exists by the application of the regulations of this part. “Reasonable use” is defined for each land use district and site as follows:
1. Single-Family Land Use Districts – Large Lots.
a. Large Lot Defined. A “large lot” is any lot that earns more than one unit of density under the density/intensity calculation set forth in LUC 20.25H.045.
b. Reasonable Use for Large Lots. A large lot will be considered to have no reasonable uses under the regulations of this part where no more than one unit can be created through the subdivision process, Part 20.45A LUC, or the short subdivision process, Part 20.45B LUC, after maximizing the dimensional modifications allowed in LUC 20.25H.040 and in Part 20.45A or 20.45B LUC for conservation subdivisions or conservation short subdivisions, as applicable. In such cases, the Director may allow disturbance within a critical area and critical area buffer as follows:
i. Up to 10 percent of the total site area may be disturbed for development, including all structures, grading, utility installation, landscaping and other necessary land alteration; but not including areas of temporary disturbance associated with construction, which areas shall be restored pursuant to LUC 20.25H.210. The Director shall allow more than 10 percent of the total site area to be disturbed where necessary to allow the creation of two units, each of which includes an area for development equal to the area set forth in subsection A.2.b of this section;
ii. Density shall not exceed the density allowed under LUC 20.25H.045; provided, that in no event shall allowed density be less than two units;
iii. Where more than one unit is created, the applicant shall also follow the processes of subdivision (Part 20.45A LUC), short subdivision (Part 20.45B LUC), or Planned Unit Development (Part 20.30D LUC), including applicable decision criteria, except as modified in this section; and
iv. Through this reasonable use exception, minimum lot size and other dimensional requirements may be modified as necessary to accommodate the allowed reasonable development; provided, that the resulting development is compatible with other development or potential development in the immediate vicinity of the subject property in the same zone and with similar site constraints.
c. Performance Standards. Where disturbance of a critical area or critical area buffer is allowed under this section, development is subject to the performance standards of LUC 20.25H.205 below.
2. Single-Family Land Use Districts – Small Lots.
a. Small Lot Defined. A “small lot” is any lot that does not earn more than one unit under the density/intensity calculation of LUC 20.25H.045.
b. Reasonable Use for Small Lots. A small lot will be considered to have no reasonable use under the regulations of this part where the area available for development, including all structures, grading, utility installation, landscaping and other necessary land alteration, is less than the amount set forth in the table in subsection A.2.b.i of this section; but not including areas of temporary disturbance associated with construction, which areas shall be restored pursuant to LUC 20.25H.210. In such cases, the Director may allow disturbance within a critical area and critical area buffer as allowed in this subsection A.2. For purposes of this section, the area available for development is that consolidated area of the site outside of the critical area and critical area buffer.
i. Minimum available development area:
|
Land Use District |
R-1 |
R-1.8 |
R-2.5 |
R-3.5 |
R-4 |
R-5 |
R-7.5 |
|---|---|---|---|---|---|---|---|
|
Area available for development (in square feet) |
3,000 |
3,000 |
3,000 |
2,625 |
2,231 |
2,160 |
1,410 |
ii. Where the area available for development is less than described above, the Director may allow disturbance in a critical area and critical area buffer to the extent required to create a consolidated area for development equal to the amounts set forth in subsection A.2.b.i of this section.
c. Performance Standards. Where disturbance of a critical area or critical area buffer is allowed under this section, development is subject to the performance standards of LUC 20.25H.205.
3. Single-Family Land Use Districts – Nonresidential Uses.
a. Reasonable Use. The reasonable use process applies to lots that are more than 90 percent constrained by critical area and critical area buffer and proposed for a nonresidential use. In such cases, the Director may allow disturbance within a critical area and critical area buffer as follows:
i. Up to 10 percent of the total site area, or 3,000 square feet, whichever is greater, may be disturbed for development, including all structures, grading, utility installation, landscaping and other necessary land alteration; but not including areas of temporary disturbance associated with construction, which areas shall be restored pursuant to LUC 20.25H.210; and
ii. Density shall not exceed the density allowed under LUC 20.25H.045.
b. Performance Standards. Where disturbance of a critical area or critical area buffer is allowed under this section, development is subject to the performance standards of LUC 20.25H.205.
4. All Other Land Use Districts.
a. Reasonable Use. The reasonable use process applies to lots that are more than 90 percent constrained by critical area and critical area buffer. In such cases, the Director may allow disturbance within a critical area and critical area buffer as follows:
i. Up to 10 percent of the total site area, or 3,000 square feet, whichever is greater, may be disturbed for development, including all structures, grading, utility installation, landscaping and other necessary land alteration; but not including areas of temporary disturbance associated with construction, which areas shall be restored pursuant to LUC 20.25H.210; and
ii. Density shall not exceed the density allowed under LUC 20.25H.045. (Ord. 6670, 7-18-22, § 12; Ord. 5680, 6-26-06, § 3)