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Ordinance 2909-06
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Ordinance 2909-06
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Ordinances
Ordinance Number
2909-06
Date
4/12/2006
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and buffers. The phasing analysis shall address whether pre -project mitigation of <br />impacts to buffers is feasible to reduce impacts on critical areas. The analysis shall <br />also address stormwater impacts and mitigation required by the Department of <br />Ecology's Stormwater Management Manual for Western Washington (2005), <br />including low impact development techniques when feasible; <br />f. A design of the proposal so that the amount of development proposed as "reasonable <br />economic use" will have the least impact practicable on the critical areas; <br />g. An analysis of the modifications needed to the standards of this chapter to <br />accommodate the proposed development; <br />h. A description of any modifications needed to the required front, side and rear <br />setbacks; building height; and landscape widths to provide for a reasonable use while <br />providing protection to the critical areas; <br />i. A description of the proposed enhancement/restoration of the critical area and buffer <br />necessary to result in no net loss of function to the maximum extent feasible. <br />j. Such other information as the planning director determines is reasonably necessary to <br />evaluate the issue of reasonable economic use as it relates to the proposed <br />development. <br />3. 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 />a. If a reasonable economic use of a lot cannot exist without modification of the <br />required front, side and/or rear setbacks, building height, and/or landscape widths, <br />the planning director is authorized to administratively modify such standards only to <br />the extent necessary to provide for a reasonable economic use of the lot while <br />providing greater protection to the critical areas than if the standard were met; <br />b. If a reasonable economic use of a lot cannot exist without a reduction of the buffers <br />of the critical areas, the planning director is authorized to administratively permit a <br />reduction in the buffers only to the extent necessary to provide for a reasonable use <br />of the lot. Where buffer reduction is permitted, enhancement/restoration of the <br />buffer and/or critical area must be provided so that mitigation results in no net loss of <br />critical area and buffer functions to the maximum extent feasible; or <br />c. If a reasonable economic use of a lot cannot exist by means of either subsection <br />(B)(3)(a) or (b) of this section, then the planning director is authorized, using the <br />review process described in EMC Title 15, Local Project Review Procedures, to <br />administratively grant a transfer of development rights in addition to subsection B3 <br />or b of this section, or in lieu of them. For purposes of this section, "transfer of <br />development rights (TDR)" means that the city severs the development rights from <br />the fee interest and permits the owner of the restricted property to either transfer an <br />authorized portion of the development rights in that property to another lot owned by <br />the restricted party in accordance with the following provisions, or permits the owner <br />of the 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 following: <br />E <br />
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