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Exhibit B <br />ORDINANCE Exhibit A - Page 11 of 66 <br />c. Reasonable Use Administrative Modification. If, in order to provide reasonable <br />economic use, the standards of this title need to be modified, the planning director is <br />authorized to grant an administrative modification to the standards of this title in <br />accordance with the following: <br />(1) If a reasonable economic use of a lot cannot exist without modification of <br />the required front, side and/or rear setbacks, building height, and/or landscape <br />widths, the planning director is authorized to administratively modify such <br />standards only to the extent necessary to provide for a reasonable economic <br />use of the lot while providing greater protection to the critical areas than if the <br />standard were met; <br />(2) If a reasonable economic use of a lot cannot exist without a reduction of <br />the buffers of the critical areas, the planning director is authorized to <br />administratively permit a reduction in the buffers only to the extent necessary <br />to provide for a reasonable use of the lot. Where buffer reduction is permitted, <br />enhancement/restoration of the buffer and/or critical area must be provided so <br />that mitigation results in no net loss of critical area and buffer functions to the <br />maximum extent feasible; or <br />(3) If a reasonable economic use of a lot cannot exist by means of either <br />subsection (B)(6)(c)(1) or (2) of this section, then the planning director is <br />authorized, using the review process described in EMC Title 15, Local Project <br />Review Procedures, to administratively grant a transfer of development rights in <br />addition to subsection (B)(6)(c)(1) or (2) of this section, or in lieu of them. For <br />purposes of this section, “transfer of development rights (TDR)” means that the <br />city severs the development rights from the fee interest and permits the owner <br />of the restricted property to either transfer an authorized portion of the <br />development rights in that property to another lot owned by the restricted <br />party in accordance with the following provisions, or permits the owner of the <br />restricted property to sell an authorized portion of the rights to owners of land <br />who can use the authorized development rights in accordance with the <br />following: <br />(A) Neighborhood Residential Zones. The number of dwelling units <br />allowed under a reasonable use determination for any residential <br />development may be transferred to a neighborhood residential or <br />neighborhood residential-constrained zone; provided, that the number <br />of dwelling units allowed to be transferred to the receiving site shall not <br />exceed the lesser of: <br />(i) The number of dwelling units which the planning director <br />determines to be the minimum necessary to allow for <br />reasonable economic use of the restricted property; or <br />(ii) The number of dwelling units that would be allowed on the <br />receiving site with an assumed twenty percent increase in lot <br />size. In approving a transfer of development rights to the