26.02.110 Relief.
If application of the requirements in this chapter would deny all reasonable economic use of the lot, development will be permitted if the applicant demonstrates all of the following to the satisfaction of the Town Building Official or designee as part of the critical area permit, and demonstrates all findings required for variance from provisions of the zoning ordinance:
(1) There is no other reasonable use or feasible alternative to the proposed development with less impact on the critical area.
(2) The proposed development does not pose a threat to the public health, safety, and welfare on or off of the subject property.
(3) Any alterations permitted to the requirements of this chapter shall be the minimum necessary to allow for reasonable use of the property.
(4) The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant in subdividing the property or adjusting a boundary line and creating the undevelopable condition after the effective date of the ordinance codified in this chapter.
(5) The proposal mitigates the impact on the critical areas to the maximum extent possible. (Ord. 474-N, §2, 2020; Ord. 338-N, §2, 2007)