Ordinance No. 20351 - Laserfiche WebLink

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Ordinance - 24 2. The conservation setback distance may be reduced in one or more locations by up to 30%. 3. The portion of the development site removed from the /WR conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a), (8), and (10); 4. The portion of the development site outside the /WR conservation area, including the area removed, complies with EC 9.4980(7); 5. The portion of the development site remaining in the /WR conservation area complies with EC 9.4980(2) through (5); 6. For Category A wetland sites, reduction in the width of the /WR conservation area shall occur first in areas where the adjacent wetland is of lower quality or is more disturbed by human activities and expansion of the width of the /WR conservation area shall occur first in areas where the adjacent wetland is of higher quality or is less disturbed by human activities; 7. For Category A or B streams, reduction in the width of the conservation setback area shall occur to the extent practicable, according to the following priority order: a. Where the reduction area does not include an adjacent Goal 5 resource site designated for protection in the Goal 5 Water Resources Conservation Plan, b. Where the adjacent habitat quality is lower, c. Where the setback area can be expanded in compensation on the opposite bank of the stream from the reduction area if it is within the same development site. If the development site does not include the opposite bank for the stream, the expansion of the conservation setback shall occur elsewhere on the development site; and 8. The proposed adjustment is consistent with EC 9.8030(21 )(e). (d) For property containing a /WR conservation area due to a resource identified in the Goal 5 Water Resources Conservation Plan as a wetland, upland wildlife habitat or riparian site, an adjustment to the provisions of EC 9.4930 and EC 9.4980 may be approved if all of the following are met: 1. The applicant has shown that: a. The parcel is not already developed with a building suitable for occupancy; b. The strict application of the provisions of EC 9.4930 and 9.4980 would prohibit construction of a building suitable for occupancy on any portion of the parcel due to special circumstances that apply to the property, including location, shape, size, surroundings, and topography and the relationship of the characteristics to the resource site or applicable conservation area. 2. The applicant has demonstrated that the adjustments described under subsections (a), (b) and (c) above would not allow the use or uses specified under 1.; 3. The adjustment allowed is the minimum necessary to allow the use or uses specified under 1.; 4. The portion of the development site removed from the /WR conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a),