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Exhibit B <br />ORDINANCE Exhibit A - Page 8 of 55 <br />h. No dock shall exceed four feet in width, twenty-five feet in length or five feet in <br />height above the ordinary high water mark on the landward side. <br />6. Reasonable Use Exception. This section does not apply to areas within jurisdiction of the <br />shoreline master program. <br />a. Nothing in this chapter is intended to preclude reasonable economic use of property <br />as set forth in this title. If the requirements of this chapter as applied to a specific lot <br />would deny all reasonable economic use of the lot, development will be permitted if the <br />applicant demonstrates all of the following to the satisfaction of the planning director: <br />(1) There is no other reasonable use or feasible alternative to the proposed <br />development with less impact on the critical area; and <br />(2) The proposed development does not pose a threat to the public health, <br />safety and welfare on or off of the subject lot; and <br />(3) Any alterations permitted subject to the requirements of this chapter shall <br />be the minimum necessary to allow for reasonable use of the property; and <br />(4) The inability of the applicant to derive reasonable economic use of the <br />property is not the result of actions by the applicant in subdividing the property <br />or adjusting a boundary line, thereby creating the undevelopable condition after <br />the effective date of the ordinance codified in this chapter; and <br />(5) The proposal mitigates the impacts on the critical areas and buffers to the <br />maximum extent possible. <br />b. Reasonable Use Decision Process. Whenever an applicant for a development <br />proposal submits a reasonable use proposal to the planning director, the submittal shall <br />include the following information which will be used to evaluate the criteria for <br />reasonable use exception: <br />(1) The location, size, and description of the areas of the lot which are either <br />critical areas, required buffers, or setbacks required by this chapter; <br />(2) A description of the location and area of the lot which is within setbacks <br />required by other standards of the zoning code; <br />(3) An analysis of the minimum development necessary to achieve “reasonable <br />economic use” of the lot, including a narrative which includes a factual basis for <br />this determination; <br />(4) An analysis of the impact that the development described in this section <br />would have on the critical areas and buffer functions, including an analysis of <br />impacts on fish and wildlife resources; <br />(5) An analysis of whether any other reasonable use with less impact on the <br />critical areas and buffers is possible. This must also include an analysis of