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Ordinance 1838-91
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Ordinance 1838-91
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5/2/2017 11:43:59 AM
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Ordinances
Ordinance Number
1838-91
Date
12/18/1991
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timing of activities, revision of lot layout, and/or related <br /> site planning considerations that would allow a reasonable <br /> economic use with less adverse impacts to the <br /> environmentally sensitive areas and buffers; <br /> 6. A design of the proposal so that the amount of development <br /> proposed as "reasonable economic use" will have the least <br /> impact practicable on the environmentally sensitive areas; <br /> 7. An analysis of the modifications needed to the standards of <br /> this Ordinance to accommodate the proposed development; <br /> 8. A description of any modifications needed to the required <br /> front, side and rear setbacks; building height; and <br /> landscape widths to provide for a reasonable use while <br /> providing protection to the environmentally sensitive areas; <br /> and <br /> 9 . Such other information as the Planning Director determines <br /> is reasonably necessary to evaluate the issue of reasonable <br /> economic use as it relates to the proposed development. <br /> D. Reasonable Use Administrative Modification. If, in order to <br /> provide reasonable economic use, the standards of Title 19 need <br /> to be modified, the Planning Director is authorized to grant an <br /> administrative modification to the standards of Title 19 in <br /> accordance with the following: <br /> 1. If a reasonable economic use of a lot cannot exist without <br /> modification of the required front, side and/or rear <br /> setbacks, building height, and/or landscape widths, the <br /> Planning Director is authorized to administratively modify <br /> such standards only to the extent necessary to provide for a <br /> reasonable economic use of the lot while still providing <br /> protection to the environmentally sensitive areas; <br /> 2. If a reasonable economic use of a lot cannot exist without a <br /> reduction of the buffers of the environmentally sensitive <br /> areas, the Planning Director is authorized to <br /> administratively permit a reduction in the buffers only to <br /> the extent necessary to provide for a reasonable use of the <br /> lot, provided there is adequate mitigation provided for any <br /> reduction in the buffer. This approach shall be preferred <br /> in circumstances where the environmentally sensitive areas <br /> have already been degraded or impacted by activities <br /> occurring prior the effective date of this Ordinance, and <br /> enhancement/restoration of the degraded environmentally <br /> sensitive area can reasonably be expected to be <br /> accomplished; or <br /> 3 . If a reasonable economic use of a lot cannot exist by means <br /> of either Subsection D.1 or D.2 of this Section, then the <br /> Planning Director is authorized, using Review Process II.0 <br /> to administratively grant a transfer of development rights <br /> in addition to Subsection D.1 or D. 2 of this Section, or in <br /> lieu of them. For purposes of this Section, transfer of <br /> development rights (TDR) means that the City severs the <br /> development rights from the fee interest and permits the <br /> 7 <br />
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