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1. Single -Family Residential Developments. This subsection applies to new lots created <br />through the subdivision, short subdivision, or cluster development process, where the <br />land to be subdivided contains critical areas and/or buffers. This subsection is not to be <br />used with the lot area averaging provisions in Chapter 39 (39.130) of this title, or in <br />easement access short subdivisions. <br />a. For any new residential lot created, one hundred percent of the area of those portions <br />of the lot classified as critical areas and buffer may be credited toward the <br />calculation of lot area. All such lots shall contain not less than four thousand square <br />feet, exclusive of critical area or buffer. Land placed within a critical area protective <br />tract may be included in the calculation of lot area as provided in this chapter. Where <br />a protective tract is provided, all lots shall contain a net area, excluding the tract, of <br />not less than four thousand square feet. <br />2. Multiple -Family Developments. In multiple -family residential developments, all of the <br />area which is classified as critical area may be included in the calculation of minimum <br />lot area; however, the permitted number of dwelling units shall be calculated in <br />accordance with the requirements of subsection C of this section. <br />3. Commercial and Industrial Zones. <br />a. If the minimum lot area requirement is twelve thousand square feet or less, none of <br />those portions of the lot which are classified as critical area may be used in the <br />calculation of minimum lot area. Land placed within a critical area protective tract <br />may be included in the calculation of minimum lot area provided in this chapter. <br />b. If the minimum lot area requirement is between twelve thousand square feet and one <br />acre, up to twenty-five percent of the area of those portions of the lot classified as <br />critical area may be included in the calculation of minimum lot area. Land placed <br />within a critical area protective tract may be included in the calculation of minimum <br />lot area provided in this chapter. <br />c. If the minimum lot area requirement is greater than one acre, up to fifty percent of <br />those portions of the lot classified as critical area may be included in the calculation <br />of minimum lot area. Land placed within a critical area protective tract may be <br />included in the calculation of minimum lot area provided in this chapter. <br />B. Lot Coverage. For any zone in which lot coverage requirements apply, only the area <br />defined as buildable shall be used in the calculation of lot coverage. <br />C. Permitted Number of Dwelling Units in Multiple -Family Developments. For zones in <br />which multiple -family developments are permitted, the number of dwelling units allowed <br />for lots which contain areas classified as critical area shall be determined using the formula <br />specified in this subsection. Lots that include land which is submerged beneath lakes, <br />ponds, Port Gardner Bay, or category F streams shall not be permitted to include the <br />submerged portion of the lot in the calculation of lot area. <br />[(D.U./Ac.) (Buildable Area)] + [(D.U./Ac.) (Undevelopable Area)] X (Development <br />Factor) = Permitted Number of Dwelling Units. <br />54 <br />