A. The standards and regulations of those regulations are not intended, and shall not be construed or applied in a manner, to deny all reasonable economic use of private property. If an applicant demonstrates to the satisfaction of the hearing examiner (Chapter 2.24) that strict application of these standards would deny all reasonable economic use of its property, development may be permitted subject to appropriate conditions.

B. An applicant for relief from strict application of these standards shall demonstrate the following:

1. No reasonable use with less impact on the environmentally sensitive area and the buffer is feasible and reasonable; and

2. There is no feasible and reasonable on-site alternative to the activities proposed, considering possible changes in site layout, change in use, reductions in density, application of the buffer width variance and buffer averaging provisions, and similar factors; and

3. The proposed activities, as conditioned, will result in the minimum possible impacts to affected environmentally sensitive areas; and

4. All reasonable mitigation measures have been implemented or assured; and

5. The inability to derive reasonable economic use is not the result of the applicant's actions.

C. Permits which require "reasonable use" consideration will be considered Type III applications, and will require notice and hearings consistent with the process included in Title 14A. (Ord. 00-387 §1(part), 2000)