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Ordinance No. 20006
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Ordinance No. 20006
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Last modified
6/10/2010 3:48:20 PM
Creation date
11/25/2008 1:05:28 PM
Metadata
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Council Ordinances
CMO_Document_Number
20006
Document_Title
Ordinance establishing a Natural Resource Zoning Dist.; amending 9.015, 9.060, 9.268 & 9.690 of the EC; & adding 9.262, 9.264, 9.300, 9.301, 9.302, 9.303, 9.304, 9.305, 9.306 & 9.726 to that code.
Adopted_Date
4/24/1995
Approved Date
4/24/1995
CMO_Effective_Date
5/25/1995
Signer
Ruth B. Bascom
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address an imminent threat to public health and safety, or ~3} <br />result in enhancement of water quality, and enhancement ar <br />maintenance of stormwater conveyance capacity, flood control <br />capacity, groundwater discharge and recharge capacity and wi 1 dl i fe <br />habitat. <br />~6} Re_v~ ew p,rocess. A11 development proposed within the wetland <br />buffer sub-district shat 1 be reviewed i n accordance with the site pi an review <br />procedure i n section 9.690 of this code, except when the applicant can c1 early <br />show that proposed development will occur completely outside of the largest <br />applicable wetland buffer area. site plan approval for development proposed <br />within the wetland buffer sub-district shall be based upon conformance with the <br />natural resources special standards from section 9.305 listed with each use. <br />~ l } Exceptions . The p1 ann i ng director or designee shall have the <br />authority , to grant exceptions to the standard setback distances and permitted <br />uses within wetland buffer areas ~n accordance with the following provisions. <br />~ a} criteria. Exceptions will be granted only i f the <br />applicant demonstrates in writing that: <br />1. Through a combination of buffer enhancements and <br />site design a1 terat i ons that a smal 1 er buffer setback di stance <br />can provide protection to the resource which is equal to or <br />better than that provided by the standard buffers specified <br />above, including; but not limited to meeting or exceeding <br />natural resource special standards ~ a} through ~d} of section <br />9.305; or <br />2. Na economically vi ab1 a use allowed within the <br />parent district could occur as a result of the app1ecatian of <br />these setback ~ and buffer provisions, and that the s <br />circumstance i s not purposefully brought about by any <br />deliberate action of the owner or developer of the property; <br />An exception shall be granted by the planning director in <br />these cases, and type II buffers of less than 50 feet are permitted <br />on high value wetlands and type II buffers of less than 25 feet are <br />permitted on moderate vat ue wetlands . Setbacks around high ,value <br />wet1 ands shal 1 not be 1 ess than 25 feet i n any case, <br />fib} Buffe_r___a,ve,raging. Wherever practical, reductions in <br />buffer distance from the standard buffer setback distances due to <br />approved exceptions shall be accomplished through averaging the <br />buffer distance on a site. Averaging means that when the buffer <br />setback i s reduced i n one location, i t i s expanded somewhere e1 se i n <br />compensation so that the total buffer area remains the same. <br />I . Wherever practical , reductions i n buffer distance <br />due to approved exceptions will occur adjacent to lower value <br />or 1 ess _ sens i ti ve areas wi the n a gi ven wetland site and <br />expans i an of the buffer e n compensate on wi 11 occur adjacent to <br />higher . vat ue or more sensitive areas wi th i n a gi ven wetland <br />site. <br />2. To the extent practical, wherever buffers are <br />reduced from the standard setbacks a1 ong channel sites or <br />other 1 i near sites, buffers shall be increased an the oppasi to <br />bank of the channel across from the area where the reduction <br />is allowed. <br />~c} Reductions to other standards. The planning director <br />Ord i n once - 11 <br />
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